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Findings - DR - 2006 - DR-113-05 - Construct A 10,000 Sq' Multi-Tenant Office Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO CONTRUCT A MULTI-TENANT ) OFFICE BUILDING FOR EAGLE BUILDING LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-II3-0S The above-entitled design review application came before the Eagle Design Review Board for their action on January 12, 2006. The Board continued the item to January 26, 2006, and made their decision at that time. 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: Eagle Building LLC, represented by Brian DeHaas, is requesting design review approval to construct a 1O,000-square foot multi-tenant office building. The site is located on the south side of East Winding Creek Drive approximately 200-feet east of East Hill Road (Lot 9, Block 2, Winding Creek East Subdivision, formerly known as Hill Creek Business Park Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 8, 2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 9, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 7, 2004, the Eagle City Council approved the combined preliminarylfinal plat application for Hill Creek Business Park Subdivision (PP/FP-3-04). On February 8, 2005, the Eagle City Council approved the application for the common area landscaping within Hill Creek Business Park Subdivision (DR-131-04). On December 15, 2005, the applicant recorded the final plat with Ada County as Winding Creek East Subdivision. E. COMPANION APPLICATIONS: DR-114-05 (design review sign application) Page 1 of 11 K:\Planning Dept\Eagle Appliculions\Dr\2005\DR-113-05 llrf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNATION Existing Commercial C-2 (General Business Vacant building lot within District) Winding Creek East Subdivision Proposed No Change No Change Multi-tenenat office building North of site Commercial MU-P (Mixed Use - Planned Multi-Family Residential Unit Development) (Sooner Condominiums) South of site Commercial C-2 (General Business Vacant lot within Winding District) Creek East Subdivision East of site Commercial C-2 (General Business Vacant lot within Winding District) Creek East Subdivision West ofsite Commercial C-2 (General Business Vacant lot within Winding District) Creek East Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is currently vacant. Infrastructure improvements such as drainage facilities, utilities, curbing, and all pavement areas will be completed by the developer of Winding Creek East Subdivision. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 31,363-square feet (.72-acres) 1,300-square feet (0.02-acres) (minimum) Percentage of Site Devoted to 31 % (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 13% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 49-spaces 40-spaces (minimum) Front Setback l8-feet (north) O-feet (minimum) Rear Setback 50-feet (south) O-feet (minimum) Side Setback 4.5-feet (east) O-feet (minimum) Side Setback 35-feet (west) O-feet (minimum) Page 2 of 11 K:\Planning Dept\Eagle Applicalion.s\Dr\200S\DR, 113-05 drf.doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One multi-tenant office building Height and Number of Stories of Proposed Buildings: Single story, 22-feet 6-inches in height Gross Floor Area of Proposed Buildings: 1O,000-gross square feet On and Off-Site Circulation: The final plat for Hill Creek Business Park Subdivision (PP/FP-3-04) approved all of the access points, driveways, drive aisles, and the parking areas. All on-site improvements and parking for this site have already been approved and/or are being built by the developer of Winding Creek East. K. BUILDING DESIGN FEATURES: Roof: Asphalt shingles (Morie Black) Walls: Split face block (Juca Tan), smooth face block (Steel), stucco (Light Beige), and stone veneer (Manzanita Cliffstone) Windows/Doors: Aluminum frames (Anodized Bronze) Fascia: Metal fascia (Hemlock Green) Window canopies: Metal (Hemlock Green) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The trees along Winding Creek Drive and within the parking lot will be installed by the developer of Winding Creek East and the current owner of the pad will preserve them. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board and City Forester. See Landscape Plan Review Letter submitted by the City Forester (incorporated herein by reference). Street Trees: The common area landscaping within Hill Creek Business Park Subdivision was approved showing the required amount of street trees along Winding Creek Drive. The developer of Winding Creek East will install the trees and the current owner of the pad will preserve them. 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: 10% interior landscaping is required; a minimum of 14% is proposed. Page 3 of 11 K:\Planning DepI\Eag1e Applicalions\Dr\2005\DR-113-05 drf.duc M. TRASH ENCLOSURES: The common area landscaping application (DR-131-04) approved by the City of Eag1e included the locations of the three trash enclosures to be constructed within this development. There is one trash enclosure located on eastern property line of the subject site, which will be constructed with the other infrastructure improvements by the developer of Winding Creek East. A specific condition of approval from the Common Area Landscaping application (DR-131-04) stated trash enclosures shall be constructed out of materials that compliment the closest building (to each respective enclosure). Since there were no elevations indicating the construction/materials for this trash enclosure, Staff has added another condition of approval requiring detailed trash enclosure elevations. The developer of Winding Creek East will assure perpetual access to the enclosure by all users. N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units. The roof top mechanical units will be completely screened within the roof well. No ground mounted mechanical units are proposed and none are approved. O. OUTDOOR LIGHTING: The applicant did not submit a lighting plan and lighting cut sheets for the site or the building. A building lighting plan and parking lot light plan showing location, height, style, luminaries, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of a zoning certificate. P. SIGN AGE: No signs have been proposed with this application. A separate design review application has been submitted for review and approval of a master sign plan for this building (DR -114-05). Q. PUBLIC SERVICES A V AILABLE: Approved with the development of Winding Creek East Subdivision 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 - no Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): N/A Page 4 of 11 K:\Planning Dept\Eagle Applicalions\Dr\2005\DR-113-05 drf.doc V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Department Chevron Pipeline DEQ Drainage District #2 Eagle Fire Department Eagle Sewer District Idaho Power W. LETTERS FROM THE PUBLIC: Letter from Ron Bath, Manager of Retail Development of North America, date stamped by the City on December 15, 2005 (incorporated herein by reference and attached to the staff report). Letter from Keith Atkins, City Forester, date stamped by the City on December 15, 2005 (incorporated herein by reference and attached to the staff report). STAFF ANALYSIS: 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: . Eagle City Code Section 8-2A-6(A)(5)(b) The location and design of transformers, pad-mount and roof-mounted mechanicals and electrical equipment shall be reviewed and approved by the Design Review Board. All roof- mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. Screened from view shall mean "not visible" at the same level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation plan). . 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-7(I)(I) Irrigation Required: An underground automatic irrigation system is required for all development as defined in section 8- 2A -I of this article 1. All required landscaped areas must be provided with an automatic underground irrigation system. . Eagle City Code Section 8-4-4-6 One bicycle parking space within an approved rack shall be required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi-family residential developments shall provide one bicycle rack space per each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in Page 5 of 11 K:\Planning Dept\Eagle Applications\Dr\2005\DR.l 13-05 drf.doc accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual for Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be covered unless required by the design review board, or planning and zoning commission or city council. . Eagle City Code Section 8-4-5 Offices, Business and professional 1 per 250 square feet of gross floor area C. DISCUSSION: . The applicant seeks approval of one 1O,000-square foot multi-tenant building to house WRG Design Inc. and a future tenant. The plans include one entrance on the west elevation, one on the south elevation for the future tenant, and an outdoor patio on the north elevation of the building. The building has been designed as a modern view of the Queen Anne Style. The architect has used a variety of building materials including split face block with a honed block cap and inset panels, stucco, and stone veneer to help break up the fa~ade of this building that is asymmetrical. Metal window awnings have been incorporated along the south west corner of the building portraying a "porch" like feel to the building. Staff has received a letter of approval from the Retail Development of North America Design Review Committee. . The site plan date stamped by the City on December 8, 2005, indicates the location of a trash enclosure, but elevations indicating the construction materials of the enclosure have not been submitted. The applicant should be required to provide detailed elevations showing the specific materials to be used in the construction of the trash enclosure that compliment the subject building proposed with this application. The detailed elevation plans 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 site plan date stamped by the City on December 8, 2005, does not show any bike racks, benches, trash receptacles, or any other amenities. Eagle City Code states one bicycle parking space within an approved rack is required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. The applicant should be required to provide a revised site plan showing the location of a bike rack and other pedestrian amenities. Details of the bike rack and other pedestrian amenities showing the style, color, size, etc. should be provided. The revised site plan and detailed cut sheets should be reviewed and approved by staff prior to the City issuing a zoning certificate. · A lighting site plan for the site and the building has not been received by the City. The applicant should provide a detailed lighting site plan, including cut sheets and building elevations, of all proposed lighting on the exterior of this building and in the parking lot showing style, wattage, location, and luminarie to be used. The detailed lighting site plan, cut sheets, and revised building elevations shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. · The landscape plan does not indicate an automatic underground irrigation system, which is required by the City Code. The applicant should provide a revised landscape plan indicating all required landscaped areas having an automatic underground irrigation system. The revised landscape plan 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. Page 6 of 11 K:\Planning Dept\Eagle Applications\Dr\2005\DR-1 13-05 drf.doc 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 for their action on January 12, 2006. The Board continued the item to January 26, 2006, 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 ( McCullough absent) to approve DR-I 13-05 for a design review application to construct a multi-tenant office building for Eagle Building LLC, 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 detailed elevations showing the specific materials to be used in the construction of the trash enclosure nearest to the office building adiacent to the northwest comer of the site. The materials and colors shall compliment materials and colors used in the construction of this building. The detailed elevations shall be approved by the developer of Winding Creek East (Retail Development of North America, LLC - Design Review Committee) and provided to the City. The detailed elevations 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. The applicant shall provide a recorded document signed bv the owner of this lot and bv the developer of Winding Creek East indicating that the trash enclosure on this site will be built at a later time. when the north or south building adiacent to the trash enclosure is proposed. bv the developer of Winding Creek East. The document shall be recorded bv the Countv and submitted to the Citv prior to the Citv issuing a zoning certificate for this site. 2. Provide a revised site plan and landscape plan showing the installation of a bike rack and any other pedestrian amenities such as benches, trash receptacle, etc. Detailed cut sheets showing the style and color shall be approved by the developer of Winding Creek East (Retail Development of North America, LLC - Design Review Committee) and provided to the City. 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 for this site. 3. Provide a detailed site lighting plan, including cut sheets, of all proposed lighting on the exterior of this building and in the parking lot showing style, wattage, location, and luminarie to be used. Provide building elevations showing the height and location of where any light fixtures are to be located. The detailed lighting site plan, cut sheets, and revised building elevations shall be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a zoning certificate for this site. 4. All pedestrian and vehicular connections, drive aisles, parking spaces, concrete curbing, handi-capped access ramps, and trash enclosures as shown on Sheet C-IOO, date stamped by the City on December 8. 2005, shall be constructed prior to the City issuing a certificate of occupancy for this site. 5. Provide a revised landscape plan indicating all required landscaped areas having an automatic underground irrigation system. The revised landscape plan shall be reviewed and approved by staff Page 7 of 11 K:\P1anning Dept\Eagle AppIications\Dr\2005\DR-IIJ-05 drf.doc prior to the City issuing a zoning certificate for this site. 6. All roof mounted mechanical equipment shall be completely screened from view. 7. All roof vents shall be painted to match the color of the roof. 8. No ground mounted mechanical units are proposed with this application and none are approved. 9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 10. Provide a copy of the written approval of the site grading plan from the developer of Winding Creek East prior to the City issuing a zoning certificate for this site. 11. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 12. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 13. No signs are proposed with this application. A separate design review application (DR-I 14-05) has been submitted for the master sign plan of this building. The master sign plan shall be reviewed and approved prior to the city issuing a zoning certificate. 14. The revised elevation and landscape plans date stamped bv the City on Januarv 18.2006. are aporoved. 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. 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 Page 8 of 11 K:\P1anning Dept\Eagle Applications\Dr\2005\DR-1 13-05 drf.doc 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 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, Page 9 of 11 K:\P1anning Dept\EagJe Applications\Dr\2005\DR-113-05 drf.doc 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 fust. d. The proposed fue 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 fust. 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 Page 10 of 11 K:\Planning Dept\Eagle Applicatiollll\0r\2005\DR-113-05 drf.ooc sought. 24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the Design Review Board approval date). 25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 26. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on December 8, 2005. 2. Requests for agencies' reviews were transmitted on December 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-1l3-05) 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 C-2 (General Business) zoning district. DATED this 9th day of February 2006. ATTEST: ................. ..... ~ '{ 0 F.... 'l.CC \..........1:-10.... f.. (,OIlPO,,~:\~\ : {t\: : : -.-.. \l/l ~iS8"'l.i." f "':.;. 0.., ....~.... .. . 'T. ,q . ,,"1... nO. 0 l ." ...~ .. d' .... ."'~~~D ",~."" ....', -lL\r~~ -~ )~~~ Sharon K. Bergmann, Eagle City lerk Page 11 of 11 K:\Planning Dept\Ellj!:le Apptications\Dr\2005\DR.113-05 Urf.doc