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Findings - DR - 2010 - DR-41-09 - Construct A Bank Facility W/Drive Up Service And Atm Lanes BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO CONSTRUCT A BANK FACILITY ) WITH DRIVE-UP SERVICE AND A TM LANES ) FOR CAPITAL EDUCATORS CREDIT UNION ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-41-09 The above-entitled design review application came before the Eagle Design Review Board for their action on January 14,2010. 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: Capital Educators Credit Union, represented by Chad Slichter with Slichter Architects, is requesting design review approval to construct a 3,600-square foot bank facility with drive-up service and A TM lanes. The O.92-acre site is located on the northeast corner of East Riverside Drive and Eagle Road at 80 East Riverside Drive within Eagle River Development. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 14, 2009. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 15, 2009, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 25, 2000, the Eagle City Council approved a rezone with a development agreement (including a concept plan) for Eagle River Development (RZ-02-98). On April 24, 2001, the Eagle City Council approved a preliminary plat for Eagle River Development (PP-14-00). On May 8, 2001 the Eagle City Council approved a final plat application for Mixed Use Subdivision No. I (Eagle River Development) (FP-13-0l). On September 13,2001, the Eagle City Council approved a design review application for the common area landscaping within the Eagle River Development (DR-70-00). On November 7,2001, the Eagle City Council approved a combined preliminary plat and final plat for Mixed Use Subdivision No.2 (Eagle River Development) (PPIFP-OI-Ol). E. COMPANION APPLICATIONS: CU-Ol-09 (conditional use for drive up service lanes) DR-42-09 (design review sign application) Page 1 of 12 K:\Planning DeprlEagle ApplicationslDr\2009IDR-41-09 CAP ED bldg drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-3-DA (Highway Business Vacant District with Development Agreement) Proposed No Change No Change Bank with drive-up service North ofsite Commercial C-3-DA (Highway Business Bank with drive-up service District with Development Agreement) South of site Commercial C-3-DA (Highway Business Riverside Drive, bank with District with Development drive-up service, Hilton Agreement) Garden Inn Hotel East of site Commercial C-3-DA (Highway Business Multi-tenant retail building District with Development Agreement) West of site Commercial C-l (Neighborhood Business Eagle Road/Channel District) Center Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The parcel is currently vacant with partial parking and drive aisle improvements completed with the construction of the Home Federal Bank to the north and the multi-tenant retail building to the east. Landscaping has been completed on the western and southern boundaries (improved with the development of the Eagle River Commercial development). Page 2 of 12 K:\Planning DepllEagle ApplicalionslDr\2009IDR-4I-09 CAP ED bldg drf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 39,944-square feet (0.92-acres) 1,300-square feet (0.03-acres) mm1mum Percentage of Site Devoted to 9% (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 45% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 39-parking spaces IS-parking spaces Front Setback 63-feet (east) O-feet minimum Rear Setback 75-feet (west) O-feet minimum Side Setback 46-feet (north) O-feet minimum Side Setback 65-feet (south) O-feet minimum J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The construction of one building is proposed for the operation of a Bank Facility with three (3) drive-up service lanes, with one (1) lane doubling as access for an ATM. Height and Number of Stories of Proposed Buildings: A single story building is proposed, measuring twenty-six feet, seven inches (26' 7") in height from the average ground level adjacent to the foundation to the peak of the parapet wall. Gross Floor Area of Proposed Buildings: 3,600-square feet. On and Off-Site Circulation: An lS,3 75-square foot (approximately) paved parking lot provides parking for vehicles using this site. The shared parking lot is served by three (3) shared driveways (through reciprocal ingress- egress easements among the adjacent lots); two (2) accessing East Riverside Drive to the east and southeast, and one (1) accessing East Eagle River Street to the north. K. BUILDING DESIGN FEATURES: Roof: Cement Roof Tile (Autumnwood) Walls: Cultured stone (chardonnay country ledgestone and Chardonnay dressed fieldstone), Hardy shingle (Benjamin Moore-deer path), Stucco (Benjamin Moore-sandy brown) Windows/Doors: Aluminum framed windows (medium bronze), Aluminum doors (medium bronze) Fascia/Trim: Stucco trim around windows (Benjamin Moore-north creek brown), Prefinished metal cutter, fascia, soffit (Benjamin Moore-north creek brown) Other: Rough sawn wood corbel with prefinished metal (Benjamin Moore-north creek brown), Steel beam bracket (black powder coated), Wrought Iron Fencing (black powder coated) Page 3 of 12 KIPlanning DeptlEagle ApplicationslDr\2009IDR-41-09 CAP ED bldg drfdoc L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are five (5) plum trees located along the southern property line of this site and three (3) ash trees located along the western property line of this site. The trees are to be protected and retained. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: Street trees along East Riverside Drive were installed by the developer of Eagle River Development. 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: 7.5% interior landscaping is required, 5% is proposed. M. TRASH ENCLOSURES: One I 68-square foot trash enclosure is proposed to be located near the southeast corner of the site approximately 45-feet west of the driveway on East Riverside Drive. The enclosure is proposed to be constructed ofCMU block with stucco finish and metal gates, all of which will match the trash enclosures constructed within this development. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with wrought iron fencing and landscaping. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-42-09) is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department and Eagle Fire Department have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists Page 4 of 12 K:\Planning DeptlEagle ApplicationslDr\2009lDR-4 1-09 CAP ED bldg drf.doc T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - yes - the applicant will be required to meet the floodplain requirements approved with the Eagle River development and provide the required elevation certificates. Mature Trees - yes - located adjacent to the south and west property lines. 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: Chevron Pipeline - No conflict with the Chevron Pipeline. Central District Health Department - No objection Division of Environmental Quality - Provided overview of Air Quality, Wastewater and Reuse, Drinking Water, Surface Water and Hazardous Waste and Ground Water Contamination concerns. Eagle Fire Department - No opposition, however, a complete set ofbuilding plans is required to be submitted to the fire department for review prior to issuance of a building permit. Idaho Transportation Department - No comment Star Joint Fire Protection District - No comment, as this is not located within the Star Fire District. 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 (adopted 08-20-08) designates this site as: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within the central Business District. Page 5 of 12 KIPlanning DeptlEagle ApplicationslDr\2009IDR-41-09 CAP ED bldg drfdoc B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code Section 8-2-3 BanklFinancial Institution with drive up service requires the approval of a conditional use permit within the C-3 zoning district. · Eagle City Code Section 8-7-3-5 (F) A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. · 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 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. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · ARTICLE III - CONDITIONS ON DEVELOPMENT 1.2.7 Parking Lot Screening To reduce the visual impact of row upon row of parked cars and the glare of headlights at night, screen parking lots from view along borders with public streets. The creation of high walls however, should be avoided because of potential security and safety problems. Maximum screen height is to be three feet or as described in the City of Eagle Code 8.2A. 7. This enables people to see out and be seen from the street and cars. . Parking lot screens may be made of all plant material or a combination of low walls or earth berms and supplementary plant material. . The plant material in all-plant walls should be of such a type and number to reach a height of three and a half (3 1/2) feet within three years and to be approximately 75% opaque year round. . Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of wood, masonry, or concrete. Walls shall be generally sight-obscuring. . A minimum height of 42 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. 1.2.8 Drive- Thru Orientation and Screening Visually screen drive thru lanes from view along public streets. · Wherever feasible, orient the drive thru lane to be perpendicular to public streets. This will reduce any possible confusion created from headlight glare into oncoming traffic. Page 6 of 12 K:\Planning DepllEagle ApplicationslDr\2009IDR-41-09 CAP ED bldg drf.doc . Screening may be accomplished using plant material or a combination of low walls or earth berms and supplementary plant material. . The plant material in all-plant walls should be of such a type and number to reach a height of three and a half (3 1/2) feet within three years and to be approximately 75% opaque year round. . Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of wood, masonry, or concrete. Walls shall be generally sight-obscuring. . A minimum height of 42 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. D. DISCUSSION: · The applicant is proposing to construct a 3,600-square foot single story bank facility with drive up service lanes which includes an ATM. The exterior building material will consist of cultured stone wainscot, stucco walls, shingle siding, prefinished metal fascia, soffits, and gutters, and concrete roof tiles. The proposed materials and colors all complement each other and the surrounding building located within the general location. The drive up service lanes are proposed to be located on the south side of the building. A one (1) foot high berm with landscaping is proposed to be located south of the drive up service lanes. The landscaping extends from the Eagle River Development entry sign (located near the southwest corner of the site) to the trash enclosure (located near the southeast corner of the site). Extensive landscaping is proposed to be located on and around the berm to provide screening of any headlights of the vehicles entering the drive up service lanes. Pursuant to past action by the Board and Council, a minimum four (4) foot high berm (measured from the finish grade of the adjacent drive up service lanes), decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, landscaping, or combination thereof is required to shield the glare of the bank drive up patron's headlights from the view of the adjacent roadways. Staff defers comment regarding the method proposed to screen the drive up service lanes to the Design Review Board. · Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on January 14,2010, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). Page 7 of 12 K:\Planning DepllEagle ApplicalionslDr\2009IDR-41.09 CAP ED bldg drfdoc BOARD DECISION: The Board voted 5 to 0 (Butler and McCullough absent) to approve DR-4 I -09 for a design review application to construct a bank facility with drive-up service and A TM lanes for capital Educators Credit Union, 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. Comply with any applicable conditions of the conditional use permit (CU-Ol-09). 2. Comply with any applicable requirements of the development agreement for Eagle River Development, dated January 25,2000. 3. Provide a revised site and landscape plan showing the location of a bike rack. Provide detailed elevations showing the style, color, size, etc. of the proposed bike rack. The revised site and landscape plans and 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. 4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 5. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 6. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 7. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan reVIew. 8. Paint all roof vents to match the color of the roof. 9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 10. No signs are proposed with this application. A separate design review application (DR-42-09) has been submitted for the approval of signage for this building. The sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 11. Provide a revised landscape plan showing additional screening along the southern portion of the site, approximately 60-feet in length, centered on the drive-up service lanes. The revised landscape plan shall include the method of screening (i.e.: wall, landscaping, berm, etc.), a cross section, and elevations of the proposed screening in relation to the drive-up service lanes. The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a zoning certificate. 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 a Zoning Certificate for this site. 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 Page 8 of 12 KIPlanning DeptlEagle ApplicalionslDr\2009IDR-41-09 CAP ED bldg drf.doc Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity ofthe 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 Page 9 of 12 K:\Planning DeptlEagle ApplicationslDr\2009IDR-41-09 CAP ED bldg drf.doc adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (Le.; 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. 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 Page 10 of 12 K:\Planning DeptlEagle ApplicalionslDr\2009IDR-41-09 CAP ED bldg drfdoc 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 oflandscaping (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 January 14, 2010. 2. Requests for agencies' reviews were transmitted on March 21, 2006, 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-4l-09) 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-3-DA (highway business district with development agreement) zoning district. DATED this 28th day of January 2010. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Co aho Page 11 of 12 K:\Planning DepllEagle ApplicationslDr\2009IDR-41-09 CAP ED bldg drf.doc ATTEST: ~.0-<~ \L- P.1e~ ~haron K. Bergmann, Eagle City erk ",.......,. ", "- ",,, C\1'Y Of:' ..... .."" ......e...(:' "'. "",. e. ~ ~..,. .::' * ... CORPOh .. 0 ~ .... "T..('~ ~": "fA ~ rr\ : <10; . _ '. ~ . _ - I/J .Z Sll" · - .... - e(j . a :'~.O A :: -:. '7 ..?..o C'""1 J ...: -:' ,)\ e. 0 .(... '\'.- ~ '.. L\ ..<\'", TED ':.. ~ .... ~'O ....... 0 .... "'" f;' 10 "" \\ ,...... '" ", "'.......,, Page 12 of 12 K:\Planning DeptlEagle ApplicationslDr\2009IDR-41-09 CAP ED bldg drf.doc