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Findings - DR - 2011 - DR-22-11 - Construct A Multi-Tenant Professional/Medical Office Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT A MULTI- ) TENANT PROFESSIONAL/MEDICAL OFFICE ) BUILDING FOR DR. CRAIG ELLISON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-22-11 The above-entitled design review application came before the Eagle Design Review Board for their consideration on June 23, 2011. 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: Dr. Craig Ellison, represented by Doug Lasher with Doug Lasher Construction, is requesting design review approval to construct a multi-tenant professional/medical office building. The 0.74- acre site is located on the north side of West Chinden Boulevard within Castlebury West Business Park, approximately 250-feet west of North Meridian Road at 3225 West Bavaria Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 3, 2011. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 7, 2011, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 24, 2007, the Eagle City Council approved a design review application for the common area landscaping within Castlebury West Business Park(DR-29-07). E. COMPANION APPLICATIONS:None Page 1 of 11 K:\Planning Dept\Eagle Applications\Dr\2011\DR-22-I 1 Elilsion Professional-Medical Office Bldg drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Professional Office MU-DA(Mixed Use with Vacant lot within Development Agreement) Castlebury West Business Park Proposed No Change No Change Professional/Medical Office building North of site Transitional Residential RUT(Rural Urban Transition- Agriculture/Church Ada County Designation) South of site City of Eagle/Meridian RUT(Rural Urban Transition Chinden Road(SH 20/26)- area of impact boundary —Ada County Designation) Agriculture East of site Professional Office MU-DA (Mixed Use with Medical Office Building Development Agreement) West of site Professional Office MU-DA (Mixed Use with Vacant lot within Development Agreement) Castlebury West Business Park G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site currently exists as a vacant lot within Castlebury West Business Park. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 32,234-square feet(0.74-acres) 7,000-square feet(0.16-acres) Percentage of Site Devoted to 50% maximum Building Coverage 23% (approximately) ( ) Percentage of Site Devoted to 10% minimum Landscaping 54% (approximately) ( ) Number of Parking Spaces 39-parking spaces 38-parking spaces(minimum)* Front Setback 25-feet(northeast) 25-feet(minimum) Rear Setback 26-feet(southwest) 20-feet(minimum) Side Setback 40-feet(northwest) 7.5-feet(minimum) Side Setback 28-feet(southeast) 7.5-feet(minimum) *Note: Parking calculated using 1-parking space per 200-square feet of gross floor area for a medical/dental office building. Page 2 of 11 K:Planning Dept\Eagle Applications\Dr\201 I\DR-22-1 1 Elilsion Professional-Medical Office Bldg drf.doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a multi-tenant professional/medical office building. Height and Number of Stories of Proposed Buildings: 271/2', one story. Gross Floor Area of Proposed Buildings: 7,544-square feet. On and Off-Site Circulation: Access to the site will be from West Bavaria Road which connects to the west from South Meridian Road. The proposed building will be within the Castlebury West Business Park which will provide internal circulation by way of a parking lot. A joint parking agreement is in existence for the entire Castlebury West Business Park (Article II, Section 3, of the CC&Rs for Castlebury West Business Park) that will allow additional parking throughout the site. Total parking for the entire business park is calculated at 5-spaces per 1000- square feet. K. BUILDING DESIGN FEATURES: Roof: Presidential Asphalt Shingles (Black) Walls: Cultured stone (Brown ledgestone), Stucco(light brown) Windows/Doors: Vinyl windows (almond), metal doors with glass (light brown). Fascia/Trim: Hardiboard soffit and fascia(dark brown) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located within the parking lot landscape islands and the berm along Chinden Boulevard that are to remian. Tree Replacement Calculations: N/A Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board Street Trees: The street trees along West Bavaria Street were installed by the developer of Castlebury West Business Park. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: The landscaping around the entire parking lot was installed by the developers of Castlebury Business Park. b. Interior Landscaping: The landscaping for the parking lot was approved by the City Council on July 24, 2007, as part of the landscape plan for Castlebury West Business Park(DR-29-07) and installed by the developer. M. TRASH ENCLOSURES: One trash enclosure was constructed near the southeast corner of this site. Page 3 of 11 K:\Planning Dept\Eagle Applicalions\Dr\2011\DR-22-11 Elilsion Professional-Medical Office Bldg drf doc N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be partially screened with landscaping. O. OUTDOOR LIGHTING: A site 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 is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from United Water Idaho has been received by the City. R. PUBLIC USES PROPOSED: S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion -no Fish Habitat-no Floodplain -no Mature Trees -no Riparian Vegetation -no Steep Slopes-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: Ada County Highway District— The applicant shall be required to meet all of the ACHD Standard Conditions of Approval as well as all ACHD Policies and requirements that may apply as noted. Chevron Pipe Line—No conflicts with the Chevron Pipe Line. Idaho Transportation Department—No comment. United Water Company—The property is currently served by United Water Idaho from an 8-inch and 12-inch water mains that fronts the lot. Page 4 of 11 K:Planning Depi\Eagle Applications\Dr\2011\DR-22-I 1 Elilsion Professional-Medical Office Bldg drf doc 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 designates this site as Professional Office 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(CBD). • Rim View Planning Area(6.8.8.c.) Design of this area should be compatible to the existing residential and recreational uses currently present in the area. Design of commercial and office uses should be compatible with the existing residential uses and contain significant landscaped buffers and design elements. Scale of the commercial development should be similar to the Eagle Marketplace and provide for pedestrian linkages to the residential areas adjacent to the site. Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk and planting strip adjacent to the back of curb further solidifying the gateway corridor of Chinden Boulevard. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-5(E) Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show, through the use of pictures and text, specific period architectural styles, themes, and elements envisioned through the requirements of this article. The EASD book, established through a resolution of the city council and as may be amended through future resolution(s), contains all exhibits referenced in this article and is incorporated herein by reference. However, exhibit A- 1 may only be modified through an ordinance amendment. The architecture styles found in the EASD book are permitted styles. Architectural styles not shown within the EASD book will not be considered. A copy of the EASD book is available at Eagle city hall. • Eagle City Code Section 8-2A-6(A)(5)(b) The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall(e.g., the perspective generally as shown on an elevation plan); • Eagle City Code Section 8-2A-6(B)(5)(c) states in part All vents protruding through the roof and similar features shall be painted so as to match the color of the roof. • Eagle City Code Section 8-4-4-6: BICYCLE PARKING: Page 5 of I 1 K:\Planning Depl\Eagle Applications\Dr\2011\DR-22-l1 Elilsion Professional-Medical Office Bldg drf doc 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. DISCUSSION: • The applicant is proposing to construct a 7,544-square foot multi-tenant medical/professional office building within Castlebury West Business Park. The applicant has stated within their justification letter date stamped by the City on June 3, 2011, that the architectural design of the building is proposed to be"Craftsman". The proposed building incorporates some of the features of the "Craftsman"design as described in the Eagle Architecture and Site Design Book(EASD), including a covered porch with pillars, wood structural trusses within the gable, wood corbels within the gables, and stone on the pillars and corners of the building. The applicant is proposing to incorporate a significant amount of stucco into the design of the building. The EASD does not list stucco as a material that is used in the Craftsman style of architecture. Pursuant to past action by the Board and Council, stucco has been permitted to be used in the construction of the office buildings in the Castlebury West Business Park while considering the architectural style of the buildings to be"Craftsman"in order to blend with the residential homes in the vicinity. The amount of stucco proposed on this building, approximately 60%, far exceeds that which has been used on any of the existing or proposed buildings within the business park to date. Staff defers comment with regard to the architectural style of this building to the Design Review Board. • The site and landscape plan, date stamped by the City on June 3, 2011, shows ground mounted mechanical units to be located on the southwest side of the building. No landscaping has been proposed on the southwest side of the units. Per Eagle City Code, ground mounted mechanical units are to be screened from view by landscaping or a screen wall. The applicant should be required to provide a revised landscape plan showing the ground mounted mechanical units to be screen on all three sides. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The site and landscape plan, date stamped by the City on June 3, 2001, shows a single row of plants to be located around the base of the building, approximately five feet(5') in depth. Pursuant to past action by the Board and Council, landscaping around the base of a building has been required to have greater depth in order provide greater plant variety with regard to height, color, and texture. The applicant should be required to provide a revised landscape plan showing greater plant variety with regard to height, color, and texture for the landscape areas around the base of the building. The revised landscape plan should be reviewed and approved by staff and two (2)members of the Design Review Board prior to the issuance of a zoning certificate. • The applicant should be required to provide revised site and landscape plans showing the location of a bike rack on this site. Detailed cut sheets showing the size, style, color, etc. should be reviewed and approved by staff prior to the issuance of a zoning certificate for this site. • Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. Page 6 of 11 K:\Planning Dept\Eagle Applications\Dr\2011\DR-22-11 Elision Professional-Medical Office Bldg drfdoc PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on June 23, 2011, 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 3 to 0 (Grubb, Pascua, Butler, and Hull absent)to approve DR-22-11 for a design review application to construct a multi-tenant professional/medical office building for Dr. Craig Ellison, 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: 1. Provide a revised landscape plan showing the ground mounted mechanical units to be screen on all three sides. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 2. Provide a revised landscape plan showing the sidewalks on the northwest and southeast sides of the building separated a minimum of five feet(5')from the face of the building and the planter on the southwest side of the building to have greater depth and shape. The revised landscape plan shall show greater plant variety with regard to plant material, height, color, and texture for the landscape areas around the base of the building,while coordinating the height of the plant material with window locations. The revised landscape plan shall be reviewed and approved by staff and two(2)members of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide revised site and landscape plans showing the location of a bike rack on this site. Detailed cut sheets showing the size, style, color, etc. shall be reviewed and approved by staff prior to the issuance of 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 electrical meters, phone boxes, etc. located on the building to match the color of the building. 9. No signs are proposed with this application and none are approved. 10. The building shall have shakes located within the gables as shown on the elevation plans date stamped by the City on June 3, 2011. 11. Provide revised building elevations showing the stucco wainscot, on all four elevations of the building, to have a darker stucco color. The revised elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 12. Provide a revised site and landscape plan showing a sidewalk connection from the sidewalk on the east Page 7 of 11 K:Planning Dept\Eagle Applications\Dr\2011\DR-22-1 I Elilsion Professional-Medical Office Bldg drf.doc side of the building to the three(3)parking spaces located north of the trash enclosure. The revised site and landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certification. 13. Provide revised elevation plans showing additional width and depth to the stone columns on the southwest side of the building. The revised elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 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 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 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 of the downstream ditch; (2)will not otherwise injure any person or persons using or Page 8 of 11 K:\Planning Dept\Eagle Applications\Dr\201 I\DR-22-11 Elilsion Professional-Medical Office Bldg drfdoc 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. 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. 11. 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. 12. 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. 13. 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. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or 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. Page 9 of 11 K:\Planning Dept\Eagle Applications\Dr\201 I\DR-22-11 Elilsion Professional-Medical Office Bldg drf.doc 15. 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. 16. 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. 17. 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. 18. 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. 19. Basements in the flood plain are prohibited. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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). 26. 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. 27. 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. Page 10 of 11 K:\Planning Dept\Eagle Applications\Dr\201 I\DR-22-I1 Elilsion Professional-Medical Office Bldg drf doc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on June 3, 2011. 2. Requests for agencies' reviews were transmitted on June 7, 2011, 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-22-11) 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 MU-DA (mixed use with development agreement) zoning district. DATED this 23`d day of June 2011. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Co oho Eric R. McCullough, Chairman 1•••1„,,,,,,,,,, •1 O F f ,,,, ATTEST: .•`��RPOR ':� m * • n• =,S 6�g L •ti•• � •�..".dll . ,q•• Sharo K. Bergmann, Eagle City Cle k � -,�• :