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Findings - DR - 2005 - DR-103-05 - Hill Road Park Phase Ii BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW OF HILL ROAD PARK PHASE 2 FOR THE CITY OF EAGLE ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-I03-0S The above-entitled design review application came before the Eagle Design Review Board for their action on December 8, 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: The City of Eagle, represented by James Murray with CSHQA Architects, is requesting design review approval for Hill Road Park Phase II. The site is located on the north side of Hill Road approximately 260-feet east of Dicky Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on November 3,2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 9, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 30, 2004, the Eagle City Council approved a design review application for the Conceptual Master Plan for Hill Road Park, including the Final Design for Phase I (DR-89-04). E. COMPANION APPLICATIONS: None Page 1 of 12 K:\Plarming Dept\Eagle Applications\Dr\2005\DR-I03-05 land drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Public/Semi-Public PS (Public/Semi-Public) City Park Proposed No Change No Change No Change North of site Residential Three R-I and R-3 (One dwelling unit Residential per acre and three dwelling units per acre) South of site Residential Four R-4 (Four dwelling units per acre) Hill Road/Residential East of site Residential Three R-I and R-3 (One dwelling unit Residential per acre and three dwelling units per acre) West of site Residential Three R-I (One dwelling unit per acre) Residential G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The entire site consists of approximately fifteen (15) acres. Nine (9) acres within the site was developed with the first phase of Hill Road Park. These improvements included three (3) ball fields with associated amenities (i.e.: dugouts, backstops, bleachers, etc.), picnic tables, benches, basketball courts, and pathways. The remaining six (6) acres consist of vacant dirt areas and the paved parking lot. I. SITE DESIGN INFORMATION: Phase I: 9.54 acres (existing - built) Phase 2: 6.0S acres (proposed) Total 15.62 acres J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two (2) picnic shelter buildings and one (1) restroom building that includes storage area. Height and Number of Stories of Proposed Buildings: (2) Picnic Shelter: 23-feet high; one-story (I) Restroom Building: 21-feet/4 inch high; one-story Gross Floor Area of Proposed Buildings: (2) Picnic Shelter: 2,160 square feet (each) (I) Restroom Building: I,036-square feet On and Off-Site Circulation: The existing parking area will be renovated with landscape islands, lights, flush curb except at planters, and re-stripped. It is proposed to provide 125 parking spaces and 6 handicap accessible parking spaces for vehicles using this site. One (1) existing 24-foot Page 2 of 12 K:\Planning Dept\Eagle Applicalions\Dr\200S\DR-l03-05 land drfdoc wide driveway is located approximately 555-feet west of the east property line and one (1) existing 30-foot wide driveway is located approximately 70-feet west of the east property line, both driveways are located on the south side of this site providing access to Hill Road. K. BUILDING DESIGN AND SITE FEATURES: Picnic Shelter Building Walls: Stone columns, rough sawn wood paneling, and exposed Paralam heavy timber beams Roof: Standing seam metal (color to match Berridge Preweathered Galvalume) with concealed fasteners Fascia/Trim: Wood Restroom Building Walls: Split face CMU (chocolate color) accented with stone, center scored CMU (chocolate color) and rough sawn wood paneling Roof: Standing seam metal (color to match Berridge Preweathered Galvalume) with concealed fasteners WindowslDoors: Aluminum frame windows with cast stone sill and hollow metal doors Fascia/Trim: Wood Playground Equipment: Playworld equipment (multiple colors including beige, white, red, blue, red, brown) and Huna Design climbing boulders (beige) Playground Surface: Woodcarpet Surface (base bid wood chips and alternate bid EPDM rubber surfacing for handicap accessibility) Bike Racks: steel pipe coated with zinc rich epoxy (black) Trash Cans: steel members coated with zinc rich epoxy (hunter green) with matching receptacle cover Benches: steel members coated with zinc rich epoxy (hunter green) Picnic Tables: steel members coated with zinc rich epoxy (galvanized) with cedar recycled plastic slats Drinking Fountain: metal double water fountain with attached pet fountain (hunter green) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees located within the phase of the park. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing to plant street trees approximately every 50 feet along Hill Road. Eagle City Code requires the trees to be planted every 35 feet along Hill Road. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: Page 3 of 12 K:\Planning Depl\Eagle Applications\Dr\2005\DR-I03-05 land drfdoc 10% interior landscaping is required, 8.2 % is proposed. M. TRASH ENCLOSURES: One 150-square foot double trash enclosure is proposed to be located at the northeast corner of the paved parking lot approximately 170-feet north of Hill Road and approximately 100-feet west of the east property line. The enclosure is proposed to be constructed of split face CMU (chocolate color) to match the buildings on the site with metal gates (color to be selected by the Architect). N. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: a. Parking Lot: 13 - 20 ft. high (including the concrete base) black round (hockey puck) parking lot lights with 250 watt high pressure sodium bulbs. b. Pathway Lighting: 8 - 4 inch high black round pathway marker lights with 50 watt high pressure sodium bulbs. c. Picnic Shelter Lighting: Up/down wall mounted black fixtures within the picnic shelter buildings using 120-watt lamps, directing 10-degree narrow spot up and 30-degree flood down. P. SIGNAGE: The standard City of Eagle park sign is proposed. The sign is located within a landscape area adjacent to the main pedestrian entrance at the northwest comer of the parking lot. Q. PUBLIC SERVICES AVAILABLE: N/A R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - yes Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not Page 4 of 12 K: \Planning Dept\Eagle Applications\Dr\1005\DR-1 03-05 land drf.doc required. V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Chevron Pipe Line Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power Company4 w. LETIERS FROM THE PUBLIC: Letter from Keith Atkins, City Forester, date stamped by the City on November 21, 2005 (incorporated herein by reference). ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSNE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Public/Semi-Public. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-7(K)(2)(a - d) a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3: I slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. Page 5 of 12 K:\Planning Depl\Eagle Applications\Dr\2005\DR-I03-05 land drfdoc . Eagle City Code Section 8-2A-7(K)(4)(a-b) a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten (10) spaces and above. The required amount oflandscaping is based on a sliding scale, as follows: Percent Of Total Area Of Total Number A Lot That Must Be An Of Spaces 10 - 20 21 - 50 51 + Interior Landscaped Area 5 percent 8 percent 10 percent b. Additional Requirements: (I) No interior planter shall be less than five feet (5') in any dimension. (2) No parking space shall be more than sixty feet (60') from an interior landscaped area. (3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact oflong rows of parked cars. (4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet (6'). (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two (2) trees and shrubs, ground cover, or grass. . Eagle City Code Section 8-2A-7(M)2 In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. C. DISCUSSION: . The City of Eagle is requesting design review approval for Phase II of Hill Road Park. Phase I (DR-89-04) was approved by the Design Review Board on August 30, 2004. James Murray, the City's representative for both phases of the project, and the Eagle Parks and Pathway Committee have worked closely on the layout of the entire Hill Road Park, including Phase II. The location of the ball fields, picnic shelters, restrooms, play equipment, parking, etc. have been reviewed for location to best serve the needs of the public, while balancing the concerns of the abutting residents. The Parks and Pathway Committee has reviewed and approved the overall conceptual plan for the Hill Road Park, which was approved in Phase I. The construction of Phase II consists of two picnic shelter buildings, one restroom building, playground equipment, volley ball court, sidewalks, pedestrian areas, park sign, and a renovated parking lot including landscaping, lights, and trash enclosure. There are several areas III Phase II which do not comply with Eagle City Code. Page 6 of]2 K:\Planning Dept\Eagle Applications\Dr\2005\DR-103-05 land drfdoc The landscape plan date stamped by the City on November 14, 2005, indicates four (4) trees and forty-eight (48) shrubs to be located within the 10 foot wide landscape strip between the parking lot and Hill Road. Per Eagle City Code, a ten foot (10') wide landscaped strip between the right of way and the parking lot is required to be planted with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. The applicant should be required to provide a revised landscape plan showing twelve (12) trees and one hundred twenty (120) shrubs within a ten foot (1O') wide landscape strip adjacent to the parking lot. 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 landscape plan date stamped by the City on November 14,2005, has 8.2% interior landscaping within the parking lot. Per Eagle City Code, a minimum of ten percent (10%) interior landscaping is required within the parking lot. The applicant should be required to provide a revised landscape plan showing a minimum often percent (10%) interior landscaping within the parking lot. 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 landscape plan date stamped by the City on November 14, 2005, indicates twelve (12) trees located adjacent to Hill Road. Per Eagle City Code, one street tree is required every thirty five (35) linear feet of frontage along Hill Road. The applicant should provide a revised landscape plan showing a minimum of twenty (20) street trees along Hill Road. 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 landscape plan date stamped by the City on November 14, 2005, does not show the interior parking lot islands to be evenly spaced or lined up. In addition, the applicant is showing three (3) "knuckle" type landscape islands (approximately 17 feet x 4 feet) to be located within the southern row of parking spaces. The applicant should be required to provide a revised landscape plan showing the interior parking lot islands to be evenly spaced or lined up. The three (3) landscape islands located within the southern row of parking should be constructed and planted to match the other landscape islands proposed in the parking lot. 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. . 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 December 8, 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). Page 7 of 12 K:\Planning Dept\Eagle Applications\DrI1005\DR-103-051and drfdoc BOARD DECISION: The Board voted 6 to 0 (McCullough absent) to approve DR-103-05 for a design review application for Hill Road Park Phase II for the City of Eagle 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: I. Any other future improvements of Hill Road Park shall be reviewed and approved by the Design Review Board prior to any construction commencing on this site. 2. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 3. The project engineer shall certifY that the improvements shown in Hill Road Park Phase II are constructed according to the approved construction plans. A copy of this certification shall be submitted to our office for our files. 4. Provide a revised landscape plan showing twelve (12) trees and one hundred twenty (120) shrubs within a ten foot (10') wide landscape strip adjacent to the parking lot. 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. 5. Provide a revised landscape plan showing a minimum often percent (1O%) interior landscaping within the parking lot. 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. 6. Provide a revised landscape plan showing twenty (20) trees along Hill Road which is one street tree for every thirty five (35) linear feet of frontage along Hill Road. 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. 7. Provide a revised landscape plan showing the three (3) "knuckle" type landscape islands located within the southern row of parking to be constructed and planted as to match the other landscape islands proposed in the parking lot. 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. 8. A zoning permit is required prior to commencing any construction activity on site. 9. A sign permit is required prior to the standard City of Eagle park sign being constructed on this site. 10. Provide a revised landscape plan showing the location and Quantity of bike racks. The revised landscape plan shall be reviewed and approved bv staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. STANDARD CONDITIONS OF APPROVAL: I. 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. Page 8 of 12 K:\Planning Dept\Eag1e Applic3tions\Dr\2005\DR-103-05 land drfdoc 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifYing that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certifY that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) 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 Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR~ I03~05 land drfdoc 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 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. Page 10 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-I03-05Jand drfdoc 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: I. The application for this item was received by the City of Eagle on November 3,2005. 2. Requests for agencies' reviews were transmitted on November 9, 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-I03-05) 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 (Public/Semi-Public) zoning district. Page 11 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-103-05land drfdoc DATED this 22nd day of December 2005. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Ida~ / Eric R. Mc ..........", ........... ~AGl..i...... .01' O~ ........ '. .... .\ ,.. .... I",,'" O'-A T Ii ..... \ I... ~ · ~ ." 0"" .. . '-" '" -t : . ,. "l. ~.. 0 : . p..v-. \. \. /. <:,~ ~~~.:$~; ~ ..."'CORPO.... ....'V .: iII'., ........ X" .... ....., S]' A. TE 0 .,.., I"",..... I""" Page 12 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-I03-05 land drfdoc