Loading...
Findings - DR - 2016 - DR-10-03 MOD - Construct A Building Addition To Reggie's Veggies Produce Market BEFORE TIlE EAGLE DESIGN REVIEW BOARD IN TIlE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO CONSTRUCT A ) BUILDING ADDITION TO TIlE REGGIE'S VEGGIES ) PRODUCE MARKET FOR REGGIE & GIA STATES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-tO-03 MOD The above-entitled design review application came before the Eagle Design Review Board for their action on November 8, 2007 and was continued to December 13,2007. 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: Reggie & Gia States, represented by Bill Waite of Design Resources, PLLC, is requesting design review approval to construct a 783-square foot building addition to the rear of the existing building and to repaint the entire building. The site is located on the south side of East State Street approximately 109-feet east of South 2nd Street at 257 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 2, 2007. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on October 15, 2007, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 13, 2003, the Eagle City Council approved a change of use from residential to commercial for State Street Ice Cream Shoppe (DR-1O-03). On November 8, 2007, the Design Review Board continued this item to the December 13, 2007, design review meeting to address architectural and site design issues associated with this site. E. COMPANION APPLICATIONS: None Page 1 of 12 K\Planning DeptlEagle Applications\Dr\2007\DR-10-03MOD drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business District CBD (Central Business District) Produce Sales Proposed No Change No Change No Change North of site Central Business District CBD (Central Business District) Retail Businesses South of site Central Business District CBD (Central Business District) Parking Lot /Apartments East of site Central Business District CBD (Central Business District) Vacant Lot West ofsite Central Business District CBD (Central Business District) Doug's Burger Den G. DESIGN REVIEW OVERLAY DISTRICT: This site IS located within the DDA (Downtown Development Area). H. EXISTING SITE CHARACTERISTICS: There is an existing 80 I-square foot building with an associated parking area in the rear of the building which is accessed from South 2nd Street via an alley. There are four (4) existing trees on the site which the applicant intends to preserve. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 6,967.5-square feet (O.l6-acres) 500-square feet (minimum) Percentage of Site Devoted to 20% (approximately) 40% (minimum)* Building Coverage 92% (maximum)* Percentage of Site Devoted to 36% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 3-parking spaces 6-parking spaces (minimum)** Front Setback 30-feet (north) O-feet (minimum) 10-feet (maximum)* Rear Setback 39-feet (south) 0- feet Side Setback to-feet (east) 0- feet* Side Setback 22- feet (west) 0- feet* * Note: when located within the DDA **Note: parking requirement figured at one parking space per 250-square feet of gross floor area. Page 2 of 12 K:\Planning DeptlEagle Applications\Dr\2007\DR-l 0-03MOD drfdoc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One 1,428-square foot retail building (produce sales & storage). Height and Number of Stories of Proposed Buildings: 19' 0"; single story. Gross Floor Area of Proposed Buildings: Existing = 800 square feet Addition = 627 square feet Total = 1,427 square feet On and Off-Site Circulation: An 894-square foot (approximately) parking lot provides parking for vehicles using this site. Access to the site is via an alleyway from South 2nd Street. K. BUILDING DESIGN FEATURES: Building Architectural Style: Queen Anne Roof: Composition Shingles (Gray Blend) Walls: Cottage Lap Siding (Beige) WindowslDoors: Vinyl Frame (White) FascialTrim: Wood (Brown) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are four existing trees on the site, most notably the tree located in the southwest comer of the site is shown on the landscape plan, date stamped by the City on October 4, 2007, as a 48"-caliper Elm tree that the applicant is proposing to protect and retain. Tree Replacement Calculations: N/ A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: There is one (1) 6"-caliper weeping plum tree located on this site on the south side of the eight foot (8') wide sidewalk. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: New landscaping is proposed along the west side of the parking lot in the rear of the building. Continuous landscaping is not proposed along the north, south or east sides of the parking lot because a new sidewalk will be installed on the north side, there are space limitations on the east side, and the alley is located to the south. b. Interior Landscaping: N/ A Page 3 of 12 K\Planning DeptlEagle Applications\Dr\2007\DR-t0-03MOD drfdoc M. TRASH ENCLOSURES: One trash enclosure will be located on the site adjacent to the parking area. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units will be located between the proposed addition and an existing wood fence on the east side of the property. O. OUTDOOR LIGHTING: Outdoor lighting will be used on the proposed addition. A specific site and parking lot lighting plan showing location, height, and wattage is required and will be provided for the Zoning Administrator's review and approval prior to the City accepting a building permit for this site. 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 A V AILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. Water and sewer service on-site from previous use(s). R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes 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 Page 4 of 12 K\PIanning DeptlEagle Applications\Dr\2007\DR-10-03MOD drfdoc 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: Central District Health Chevron Pipeline ITD W. COMMENTS FROM CITY FORESTER: Letter from the City Forester, dated October 30,2007, is attached to the staff report and incorporated herein by reference. STAFF ANALYSIS PROVIDED WITIllN TIlE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · The Comprehensive Plan Land Use Map designates this site as Central Business District B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code Section 8-2A-3 If any provision of this chapter is found to be in conflict with any other provision of any zoning, building, fire safety or health ordinance or other provision of this code, the provision which establishes the higher and/or more restrictive design standard shall prevail. However, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts, the city council may, at their discretion suspend or relax some or all requirements found in this code, if the city council determines a particular site, setting, or used to be of historical significance. · Eagle Code Section 8-2A-6(AX2)(c) The providing of screen plantings or other screening methods reasonably required to conceal outdoor storage areas, trash receptacles, service areas, truck loading areas, utility buildings, and other unsightly developments. . Eagle 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 Code Section 8-2A-6(C)(3)(f) Lot coverage by ~e footprint of the structure shall be a minimum of twenty percent (20%) and a maximum of eighty five percent (85%) in which case off site parking shall be provided for. The minimum lot coverage requirement may be reduced by the council for the purpose of providing adequate on site parking in accordance with provisions of this title for structures that include residential uses on floors other than the ground floor. Page 5 of 12 K:\PIanning DeptlEagle Applications\Dr\2007\DR- t O-03MOD drfdoc · Eagle City Code Section 8-4-5 - Schedule of Parking Requirements Retail sales not listed under another use classification. 1 parking space per 250 square feet of gross floor area. C. DISCUSSION: · The applicant is proposing to construct a 627-square foot addition to an existing building in order to increase storage and sales area for their produce business. · The existing building has been in existence for quite some time and was converted from a residence to an ice cream parlor in 2003 (DR-IO-03). The converted ice cream shop is 801 square feet and as such required four parking spaces. However, because of the very large Siberian Elm tree located on the west side of the parking lot, parking requirements for the proposed ice cream shop were reduced in order to preserve the Elm tree. · The proposed addition to the building will increase the footprint of the building by 627 square feet, bringing the total square footage to 1,428 square feet, thereby requiring three (3) additional parking spaces for a total of six (6) parking spaces. At the November 8, 2007, design review meeting, the Board recommended the parking requirement be waived until such time the Siberian Elm tree is removed. Once the tree has been removed, the three (3) additional parking spaces will then be installed and the parking requirement of six (6) parking spaces will then be satisfied. Staff concurs with that recommendation. · The architecture of the original building closely resembles Queen Anne style as shown in the EASD book. The applicant has provided revised building elevations, date stamped by the City on November 21,2007, showing lap siding, scalloped siding and fascia, windows and a cupola on the roof of the proposed new addition that will match the existing architecture of the original building. Two (2) insulated carriage-style overhead doors will be installed; one on the west elevation and one on the east elevation of the building to provide an open-air feeling to customers of the produce business during the spring, summer, and fall. The overhead doors will also make deliveries and moving pallets of product easier for delivery persons and employees of the produce business. · Currently, there are two structures on the site; the former residence/ice cream parlor and a storage shed. The applicant intends to construct the addition to the building so that all storage and sales area will be contained within the building itself. · There is a 12' x 8' cooler located on the east side of the property between the existing building and an existing vinyl fence. The applicant will screen the cooler on the east and north sides with a seven foot (7') high screen wall constructed of cottage lap siding to match the siding of the existing building and proposed addition. The screen wall on the east side of the cooler will extend approximately five feet (5') beyond the cooler to further reduce visibility of the cooler from neighbors on the property to the east. The door of the cooler is located on the back (south) side of the cooler and must remain accessible to facilitate deliveries; therefore this part of the cooler will not be screened. · The revised site plan, date stamped by the City on November 12, 2007, shows two (2) ground- mounted HV AC units located between the proposed addition and the fence that runs along the east side of the property. These units will be screened by the fence on the east side and by a gate that will be installed between the building and the enclosed cooler, thereby eliminating any visibility of the ground-mounted HV AC units from State Street. Page 6 of 12 K\PIanning Dept\E8sle Apptications\Dr\2007\DR-IO-03MOD drfdoc . The applicant has filled in and covered an engineered drainage swale with brick pavers on the east side of the property. The pavers were installed for deliveries and foot traffic between the parking lot located in the rear of the property and the cooler. The applicant has worked with a licensed engineer to address the drainage area and has provided signed and stamped engineered drainage plans and calculations showing that the drainage area can adequately handle storm water runoff from the subject property and adjacent properties. . There is an existing sidewalk located between the parking lot and the southern end of the proposed new addition. The applicant's representative stated that they hope to be able to keep the sidewalk in tact during excavation and construction activities. However, should the sidewalk be damaged, the applicant's representative would like to be able to install brick pavers instead of pouring new concrete. The installation of pavers will match the existing pavers on the site (as shown in the existing site plan, date stamped by the City on November 21, 2007), and will also provide a water- permeable surface to enhance drainage on the site. . An existing chain-link fence with wooden slats runs along the west side of the property. The applicant desires to maintain the fence as is; however, staffhas encouraged the applicant to work with the adjacent property owner to remove a portion of the fence from the northeast comer of the existing building to the sidewalk along State Street. Although this is not a requirement, removing that portion of the fence would give a more open feeling to the plaza area of the property and greater accessibility to pedestrian traffic. . There is an existing seven foot (7') wide sidewalk located along the north frontage of the building along East State Street. The property has been landscaped along the frontage of State Street with a plaza area, shrubbery, and one street tree. The tree was installed as a requirement per DR-l 0-03. . Currently, the applicant has placed two (2) pergolas within the plaza area located between the building and the sidewalk along State Street. The pergolas have been placed there for display purposes. The applicant's representative has stated that the pergolas are intended to be seasonal (spring through fall), and once the addition has been constructed, the pergolas will be removed during the winter. . 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 below. PUBLIC MEETING OF TIlE BOARD: A. A meeting was held on the application before the Design Review Board on November 8, 2007, and was continued to December 13, 2007, 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 (McCullough, Barnes, and Weber absent) to approve DR-IO-03 MOD for a design review application to construct a building addition to the rear of the existing building and to repaint the entire building for Reggie & Gia States, 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. Page 7 of 12 K\Planning DeptlEagle Applications\Dr\2007\DR- t O-03MOD drfdoc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 2. When the Siberian Elm tree, located in the southwest comer of the property is removed due to disease or otherwise poor health, the applicant shall install three (3) two (2) additional parking spaces and landscaping to the site. A tree removal application, showing the location. number. species. and caliper of trees proposed to replace the elm tree. shall be submitted and approved by the City prior to this tree being removed. The tree shall be removed within two (2) years from date of issuance of a building permit. 3. The pergolas located in the plaza area shall be for the use of seasonal display and removed during the winter time (December - March). At no time shall the pergolas be covered by plastic, tarps, sunshades, etc. while in use in the plaza area. 4. If the existing sidewalk located between the parking lot and rear of the proposed addition become damaged during excavation and construction activities, the applicant may use brick pavers instead of concrete to replace the damaged sidewalk. The sidewalk shall be reconstructed prior to the City issuing a certificate of occupancy for this site. 5. The applicant shall submit cut sheets of the proposed windows, outdoor light fixtures, and overhead doors to be used in the addition. The windows, lighting, and overhead doors shall be reviewed and approved by staff and one (1) member of the Design Review Board prior to the City issuing a zoning certificate for this site. 6. The applicant shall submit a signed and stamped set of drainage plans by a licensed Professional Engineer to demonstrate the drainage area on the east side of the property can adequately detain and convey all storm water runoff generated by this site and from adjacent properties. The plans shall be reviewed and approved by the City Engineer prior to the City issuing a building permit for this site. 7. The applicant shall pay all Engineering fees incurred for reviewing this project prior to the issuance of a building permit. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. No signs are proposed with this application. A separate design review application has been submitted for the approval of a sign plan for this building to be reviewed and approved on a staff level. The sign plan shall be reviewed and approved 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. Page 8 of 12 K:\Planning DeptlEagle Apptications\Dr\2007\DR-l 0-03MOD drfdoc 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 (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. Page 9 of 12 K::\Ptanning DeptlEagle Applications\Dr\2007\DR-IO-03MOD drf.doc 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 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 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 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. Page 10 of 12 K:\Ptanning OeptlEagle Applications\Dr\2007\DR-IO-03MOO drfdoc 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 ofthe 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. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on October 2, 2007. 2. Requests for agencies' reviews were transmitted on October 15, 2007, 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-I0-03 MOD) 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 CBD (Central Business District) zoning district. Page 11 of 12 K\Ptanning DeptlEagle Applications\Dr\2007\DR- to-03MOO drfdoc DATED this 10th day of January 2008. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ~ahO Eric R. McCullough, Chai ATTEST: ,',......,., tt' I." .," Of EA'" " .," ...l V' ~ " ...., ..c' ........ <..~ '.. .: . '" .. -. v. f# ; 0'... dyORAl';.. \ - · o.~ v... :: Ie..; ,*: . . . - : .. : 411'... _: : i \~SE^L~".:o i ~ ...~ (>0 ~~~.. ~ ~ "" .p~ "l'POR".. """ ~ ~~ ~. ...... <" \. .... .### -11'8 Of \v........ ..""......."..,.. Page 12 of 12 K\Planning DepllEagle Applications\Dr\2007\DR-IO-03MOO drfdoc