Findings - DR - 2008 - DR-93-07 - Storage Facility For Storage 55 Phase Ii
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO A STORAGE
FACILITY FOR STORAGE 55 (pHASE II)
FOR JEFFERY MOWER
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-93-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 14, 2008. The 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:
Jeffery Mower, represented by Mike Fairchild, Architect, is requesting design review approval to
construct a 39,800-square foot storage facility for Storage 55 (Phase II). The 2-acre site is located on
the south side of East Hill Road approximately 540-feet the east of State Highway 55 at 2871 East
Hill Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 31, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 7, 2008, in accordance with the
requirements ofthe Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 24, 2007, the Eagle City Council reviewed and approved a rezone application with a
development agreement for this site (RZ-05-07).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Business Park BP-DA (Business Park with Single-family
Development Agreement) dwelling/Pasture
Proposed No Change No Change Storage Facility
North of site Business Park BP (Business Park) Gravel extraction
South of site Business Park RUT (Rural Urban Transition Pasture
- Ada County designation)
East of site Business Park A-R (Agricultural- Single-family dwelling
Residential)
West of site Business Park BP-DA (Business Park with Storage facility (Phase I of
Development Agreement) Storage 55)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing house and garage which the applicant is proposing to remove. There are
fifteen (15) trees located around the existing house and the applicant is proposing to remove six
(6) of the trees. The applicant is proposing to retain and protect nine (9) of the trees. The City
Forester's report addressing the removal of these six (6) trees is attached.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 87,346-square feet (2-acres) N/A
Percentage of Site Devoted to 45% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 22% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces N/A N/A
Front Setback 30-feet (north)* 20-feet (minimum)
Rear Setback 10-feet (south)* 0- feet
Side Setback 10-feet (east)* 0- feet
Side Setback 10-feet (west) * 0- feet
* Note: Setback measurements are measured from the property line to the closest building
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Four storage facilities
Height and Number of Stories of Proposed Buildings: 17-feet maximum, one story.
Gross Floor Area of Proposed Buildings: Building "A": 15,499-square feet
Building "B": 11 ,042-square feet
Building "C": 6,630-square feet
Building "D": 6,630-square feet
Total:
39,801-square feet
On and Off-Site Circulation:
No parking is proposed to be constructed with this phase. The office and associated parking was
constructed with the first phase of Storage 55.
K. BUILDING DESIGN FEATURES:
Roof: Metal (Green)
Walls: Split face CMU
WindowslDoors: Metal doors - painted to match fascia.
FascialTrim: Metal (green)
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are fifteen (15) trees existing on site. The applicant is proposing to remove six (6) of
the trees.
Tree Replacement Calculations:
An evaluation of all of the existing trees has been completed by the City Forester (report
attached). The City Forester recommends a minimum of five (5) species of trees be
included in the planting list of the landscape plan.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees:
The applicant is proposing to install street trees on the north and south sides of the
meandering sidewalk along East Hill Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/ A
M. TRASH ENCLOSURES:
A trash enclosure was constructed with the first phase of the storage facility. No trash enclosure is
proposed to be constructed with this phase.
N. MECHANICAL UNITS:
No ground mounted or rooftop mechanical units are proposed with this development and none are
approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Public services and utilities are required as conditioned herein.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
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): Not
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:
ACHD
Chevron Pipeline
Eagle Fire Department
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Business Park.
B. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and Building
Elevation Plans (Exhibit "B") represents the Owner's current concept for completion
of the project. As the Concept Plan evolves, the City understands and agrees that
certain changes in that concept may occur. If the City determines that any such
changes require additional public comment due to potential impacts on surrounding
property or the community, a public hearing shall be held on any proposed changes in
the Concept Plan, notice shall be provided as may be required by the City.
3.2 Except for the limitations and allowances expressly set forth above and the other terms
of this Agreement, the Property can be developed and used consistent with the
Business Park District land uses allowed by the Eagle City Code Section 8-2-3
"Official Schedule of District Regulations", existing at the time a design review
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application or conditional use permit application (whichever the case may be) is made
for individual building use.
All uses shown as "P" permitted under the BP zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered
permitted uses and all uses shown as "c" conditional uses under the MU zoning
designation shall require a conditional use permit.
The following use which is shown as "C" conditional uses under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations," shall be permitted uses on the Property:
. Storage (enclosed building)
3.3 The Applicant shall remove the residence and all accessory (secondary) structures
from the site prior to the issuance of any building permits for the site. Demolition
permits shall be obtained prior to the removal of said buildings.
3.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed
garages, the facility is permitted to store said vehicles in excess of the maximum 20%
allowed by Eagle City Code.
3.5 The driveway providing access to East Hill Road approximately thirty feet (30') west
of the eastern boundary shall be used for emergency access only by securing the
access with a wrought iron gate.
3.6 Landscape buffering and siting of the self-storage facility shall be designed to mitigate
the effects of the development on adjacent residences. All new construction shall be
setback from the eastern and southern property lines a minimum often-feet (10') and
those setback areas shall be landscaped with dense plant material to be reviewed and
approved by design review.
3.7 The building configuration (footprint) shall remain substantially as shown on the
attached Site Plan (Exhibit "A").
3.8 The design of the self-storage facility shall incorporate architectural elements
(materials, colors, appurtenances) upon the building walls, with an emphasis on those
facing Hill Road to deter the construction of a monoplane structure and shall remain
substantially as shown on the attached Building Elevation Plans (Exhibit "B"). No
portion of any building shall exceed 35-feet in height, as measured from the
foundation to the peak of the roof.
3.9 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk
along Hill Road abutting the northern boundary of the site.
3.10 The Applicant shall submit a Design Review application for the site to the Design
Review Board for review and approval prior to the issuance of any building permits.
3.11 The development shall comply with the Eagle City Code, as it exists in final form at
the time an application is made and the conditions within this agreement shall be
satisfied.
3.12 The Applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the issuance of a building permit for this site.
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3.13 The applicant shall obtain permission of the property owner to the south so that the
fence on the southern property line may be repaired (if permission is not granted, then
the repairs noted herein shall not be required). The fence shall be repaired to ensure
that posts are located on the property line, the panels are tightened so as to not bow
out, and the panels are secured to the fence posts with a minimum of three metal tie
downs per post.
3.14 The City will not adopt an ordinance to rezone the property until the property line
dispute is resolved regarding the southern boundary line adjacent to the property
located at 9605 North Horseshoe Bend Road.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground, and the design review board
shall consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility;
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)(I)(g)
Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block for
accent only, ten percent (10%) maximum wall coverage (per each facade);
. Eagle City Code Section 8-2A-6(B)(I)(k)
Metal: metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance its
appearance. These treatments may include brick or masonry wainscot treatments along exterior
walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the
building oriented towards the road.
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. Eagle City Code Section 8-2A-7(C)(1)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more Ix caliper of tree removed
. Eagle City Code Section 8-2A-7(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 8-4-4-2(2 & 3)
2. Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
3. Except as noted in subsection A4 of this section, all site lighting shall be recessed or
shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
D. DISCUSSION:
. The four (4) enclosed storage buildings proposed to be constructed with this application are the
second and final phase of Storage 55. The architectural style, exterior lighting, colors, and
materials proposed to be used in the construction of these buildings will match those approved and
used in phase one (DR-44-05).
. There are fifteen (15) existing trees on this site of which the applicant is proposing to remove six
(6) of these trees from the site. Per Eagle City Code, existing trees shall be retained unless removal
is approved in writing by the City. Where trees are approved by the City to be removed from the
project site replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more Ix caliper of tree removed
Per the above mentioned replacement calculation the applicant would be required to replace ninety
(90) caliper inches of tree for the removal of the six (6) trees. The City Forester has provided a
report on the health and value of all the trees located on this site. The landscape plan, date
stamped by the City on December 31, 2007, shows an additional eighty six (86) trees installed at
the site. Total caliper inches of the trees to be installed are 258 inches, or 168 caliper inches
beyond what is required to replace the trees the applicant intends to remove. The additional 168
caliper inches installed by the applicant will satisfy the requirement.
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. Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITIllN 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 February 14, 2008, 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 4 to 0 (Whittaker and Grubb absent) to approve DR-93-07 for a design review
application to construct a storage facility for Storage 55 (Phase II) for Jeffery Mower, with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike thru to be deleted by the Board and text shown with underline
to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with any applicable requirements of the development agreement for RZ-05-07.
2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. Prior to the application of a building permit, the applicant shall provide a reciprocal cross access
agreement with the property owner to the west. The reciprocal cross access agreement shall be
reviewed and approved by the City Attorney and shall be recorded in the Ada County Recorders office
prior to the City issuing a zoning certificate for this site.
4. No ground mounted or rooftop mechanical units are proposed for this site and none are approved.
5. The applieant has the option of (1, planting nineteen (19) three ineh (3") ealiper trees to eompensate
for the trees proposed to be removed, or (2, plaeing the dollar equivalent of the valuation of the
trees into the City Tree ft:md. The cost of the trees ,,,ould roughly be equi'/alent iH 'lalue of the tress
proposed to be removed. Tile tree has been valued at $27,240.00.
6. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
7. Paint all roof vents to match the color of the roof of the building.
8. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City, at the time of building g permit submittal, for the Planning and Zoning
plan review.
11. No signs are proposed with this application and none are approved.
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12. The applicant shall provide a revised landscape plan showing the addition of one tree species to be
incorporated within the landscaping throughout the entire site. The revised landscape plan shall be
reviewed and approved by the City Forester 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 ofthe 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
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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.
II. 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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development 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
Park and Pathway Development 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 ofa building permit or
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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 City
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 the City Council 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 City Council 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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 31, 2007.
2. Requests for agencies' reviews were transmitted on January 7, 2008, 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-93-07) 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 BP-DA (Business Park with development agreement) zoning district.
DATED this 28th day of February 2008.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Coun aho
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