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Findings - DR - 2015 - DR-50-15 - Construct A 12,620 Sq' Retail Building For PetcoBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A RETAIL BUILDING FOR PETCO FOR EAGLE DEVELOPMENT ASSOCIATES FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -50 -15 The above - entitled design review application came before the Eagle Design Review Board for their action on December 10, 2015. 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: Eagle Development Associates, represented by Mandie Brozo with CSHQA, is requesting design review approval to construct a 12,620 - square foot retail building for Petco. The 1.45 -acre site is generally located on the north side of East State Street between State Highway 55 and Horseshoe Bend Road at 3006 East State Street (located abutting the west side of the Winco building) within YES Subdivision. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 28, 2015. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on October 29, 2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 27, 2001, the Eagle City Council approved a preliminary plat for Eagle Towne and Country Centre (PP- 18 -00). On February 27, 2001, the Eagle City Council approved a conditional use permit for conditional use approval for Eagle Towne & Country Shopping Center and a height exception (CU- 18 -00). On April 24, 2001, the Eagle City Council approved the common area landscaping within Eagle Towne and Country Centre (DR- 06 -01). On February 25, 2003, the Eagle City Council approved a final plat for YES Subdivision (Eagle Towne and Country) (FP- 01 -02). E. COMPANION APPLICATIONS: DR -51 -15 (design review sign application). Page 1 of 12 K:\.P1e d g Dept\Eagle Applic iti \DrUO15\DR -50 -15 Pe .. &fdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The vacant parcel is a part of the YES Subdivision, with landscape borders on the north boundary (constructed with the development of the Eagle Promenade Shopping Center). In addition, portions of the shopping center parking and drive aisles have been completed. I. SITE DESIGN INFORMATION: Site Data COMP PLAN ZONING LAND USE 63,162 - square feet (1.45- acres) DESIGNATION DESIGNATION 20% (approximately) Existing Commercial C -3 (Highway Business District) Vacant Lot Proposed No Change No Change Retail Sales for Petco North of site Business Park BP (Business Park) Enclosed and Fenced 0 -feet minimum Side Setback 0 -feet (east) Storage - Republic Storage South of site Commercial C -3 (Highway Business District) Tire Shop - Eagle Tire Pro/Restaurant with Drive - through - Carl's Jr. East of site Commercial C -3 (Highway Business District) Grocery Store - WinCo West of site Commercial C -3 (Highway Business District) Vacant Lot/Hardware Store - Home Depot G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The vacant parcel is a part of the YES Subdivision, with landscape borders on the north boundary (constructed with the development of the Eagle Promenade Shopping Center). In addition, portions of the shopping center parking and drive aisles have been completed. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 63,162 - square feet (1.45- acres) 1,300 - square feet (0.03- acres) (minimum) Percentage of Site Devoted to Building Coverage 20% (approximately) 92% (maximum) Percentage of Site Devoted to Landscaping 25% (approximately - entire development) 10% (minimum) Number of Parking Spaces 54- parking spaces 51- spaces (minimum) Front Setback 30 -feet (south) 0 -feet minimum Rear Setback 160 -feet (north) 0 -feet minimum Side Setback 0 -feet (east) 0 -feet minimum Side Setback 226 -feet (west) 0 -feet minimum Page 2 of 12 KAPlanning Dept\Eagle App1icatiom\Dr\2015\DR -50-15 Pat drf.doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One retail building. Height and Number of Stories of Proposed Buildings: 34 -feet; one story. Gross Floor Area of Proposed Buildings: 12,620 - square feet. On and Off -Site Circulation: A more than adequately sized paved parking lot will provide parking for vehicles using this site. Ingress /egress to the site is to be provided by six access points located both on State Highway 44 and Horseshoe Bend Road. K. BUILDING DESIGN FEATURES: Roof. Single ply membrane (white) Walls: Smooth and Split Face CMU (Loggia and Olive Grove), EIFS (Loggia, Bambooshoot, Olive Grove Windows/Doors: Aluminum storefront window and doors (Dark Bronze) Fascia/Trim: Metal Coping (Sierra tan) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The street trees along Horseshoe Bend Road, East State Street, and State Highway 55 were installed by the developer of Eagle Promenade. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: The parking lot landscaping was installed by the developer of Eagle Promenade. M. TRASH ENCLOSURES: One 266 - square foot trash enclosure is proposed to be located along the north side of the building approximately 450 -feet west of the driveway on North Horseshoe Bend Road. The enclosure is proposed to be constructed of smooth face CMU with solid gates, all painted to match the colors of the building. N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units that are proposed to be screened from view by the parapet walls. No ground mounted mechanical units are proposed and none are approved. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed Page 3 of 12 KA?1uiT9ng DeptT4e AppfcationADA20150R -50 -15 Petco dr£doc 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: No preliminary approval letters 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 T. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain — 500 year Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek — Spoils Bank Canal — Drainage District No. 2 Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - yes 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 Department of Environmental Quality Idaho Transportation Department Republic Services Tesoro Logistics NW Pipeline W. LETTERS FROM THE PUBLIC: None received to date. Page 4 of 12 KAPlanning DepAEagle Applic ionADA2015\DR -50 -15 Pat drfdo STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map designates this site as Commercial. B. CONDITIONAL USE PERMIT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The buildings shall be placed at varying angles facing the abutting road rights -of -way to alleviate any walled corridor effect. The Design Review Board shall make the determination if this plan as presented meets this requirement. • All buildings shall be set back from State Highway 44, State Highway 55 and Horseshoe Bend Road a minimum of 30 -feet (not including right -of -way). • All lots and buildings shall be configured so as to screen any and all loading areas and trash enclosures from view as seen from residential uses or public roadways. • Separate Design Review Board approval of individual pad sites/buildings is required. • Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and approved by the Design Review Board prior to issuance of any building permits. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8- 2A- 6(A)(5)(b) The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); • Eagle City Code Section 8- 2A- 6(B)(1)(h & i) h. Stucco: twenty five percent (25 %) planer change required, additional accents shall be incorporated through the use of other material(s); i. EIFS: permitted for accent only, ten percent (10 %) maximum wall coverage (per each facade). Additional accents required through the use of other materials; • Eagle City Code Section 8- 2A- 7(B)(4) If only a portion of a property is being developed, and if the city does not require improvements on the entire property, improvements to landscape shall continue a minimum of twenty five feet (25') (on site) beyond the proposed development. • Eagle City Code Section 8- 4- 4 -2(A) 6. Except as may be noted within this subsection A, low pressure sodium lights, or 250 watt maximum high pressure sodium lights, shall be the only type of site lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of 320 watts. Page 5 of 12 KAPlanning Dept\Eagie Applications\DA201MDR -50 -15 Petro drfdoc b. The light fixture shall be no higher than seventeen feet (1T). c. The design review board shall make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2, article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. D. DISCUSSION: The applicant is proposing to construct a 12,620 - square foot retail building for Petco within the Eagle Promenade Shopping Center. The building is proposed to be constructed on the eastern portion of the vacant lot located between Winco and The Home Depot store located adjacent to western elevation of Winco. The materials to be used on the exterior of the building include smooth and split face CMU block, EIFS, and stone veneer wainscoting on the body of the building. The design guidelines for Eagle Promenade were established before the City of Eagle created the EASD book, thus, the applicant is not required to comply with one of the architectural styles indicated within the book. Pursuant to Eagle City code, EIFS (Exterior Insulation and Finish System) is permitted for accent only, ten percent (10 %) maximum wall coverage (per each fagade). Additional accents required through the use of other materials. The elevation plans, date stamped by the City on October 28, 2015, shows 26% EIFS to be used on the south building elevation. This exceeds the 10% maximum EIFS permitted per fagade. The applicant should be required to provide revised building elevations showing the amount of EIFS to be used on the south building fagade does not exceed 10% which is permitted within Eagle City Code. The revised building elevations should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. The Petco retail building is proposed to be located on the eastern portion of Lot 2A, Block 1 of YES Subdivision. The application and site plans submitted indicate this site is only 1.45 - aceres. Lot 2A, Block 1 of YES Subdivision is 7.07 - acres. The applicant should be required to submit a combined preliminary/final plat application to split this 1.45 -acre from the 7.07 -acre parcel. The combined preliminary/final plat application should be reviewed and approved by City Council prior to the issuance of a building permit for this site. Pursuant to Eagle City Code, if only a portion of the property is being developed, improvements to landscape are to continue a minimum of twenty five feet (25') beyond the proposed development. If the applicant does not receive approval of a combined preliminary/final plat application to split the 1.45 -acre area from the 7.07 -zcre parcel, the applicant should be required to provide a revised landscape plan showing twenty five feet (25') of landscaping extending west from the west side of the building. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. Sheets E1.0 and E2.0, date stamped by the City on October 28, 2015, indicate that the applicant is proposing to use metal halide light fixtures on the west and north building elevations and recessed LED light fixtures over the main entrance on the south building elevation. Currently, Eagle City Code does not permit LED light fixtures. Additionally, Eagle City Code requires the Design Review Board to find metal halide lighting to be harmonious with the existing character of the general vicinity and that the light will not be disturbing to existing or future neighboring uses. The applicant should be required to provide revised lighting plans and detailed cut sheets showing the Page 6 of 12 KAPlanning Dept\Eagle Applications\DrVOMDR -50 -15 Petco drf.doc exterior building lighting to be incompliance with Eagle City Code. The revised lighting plan and detailed cut sheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Sheets DR1.0 and DR 2.0, date stamped by the City on October 28, 2015, show only a portion of the area located north of the building to be paved. Sheet DR 2.0, indicates the 30 -foot unimproved area is for future expansion. The applicant should be required to pave the entire area located north of the building the full width of the proposed lot. A revised site plan showing the northern portion of the lot completely paved the full width of the proposed lot is required. The revised site plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • 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 to consider the application was held before the Design Review Board on December 10, 2015, 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 5 to 0 (Schafer abstained; Brasher absent) to approve DR -50 -15 for a design review application to construct a retail building for Petco for Eagle Development Associates, 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. Comply with any applicable conditions of CU- 18 -00. 2. Provide revised building elevations showing the amount of EIFS to be used on the south building fagade does not exceed 10% which is permitted within Eagle City Code. The revised building elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. A combined preliminary/final plat application to split this 1.45 -acre from the 7.07 -acre parcel, shall be submitted to the City. The combined preliminary/final plat application should be reviewed and approved by City Council prior to the issuance of a certificate of occupancy building permit for this site. 4. Provide a revised landscape plan showing twenty five feet (25') of landscaping extending west from the west side of the building. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. If site specific condition approval number 3 4- is completed, then this condition does not apply. 5. Provide revised lighting plans and detailed cut sheets showing the exterior building lighting to be incompliance with Eagle City Code. The revised lighting plan and detailed cut sheet shall be reviewed and approved by staff prior to the issuance of zoning certificate. Page 7of12 KAPlanning Dept\Eagle ApplicationsIDA2015\DR -50-15 Petty drf doc 6. The applicant shall be required to pave the entire area located north of the building the full width of the proposed lot. A revised site plan showing the northern portion of the lot completely paved the full width of the proposed lot is required. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. No ground mounted mechanical units are proposed with this application and none are approved. 12. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 14. No signs are proposed with this application. A separate design review application (DR- 51 -15) has been submitted for the approval of signage for this building. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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 Page 8 of 12 KAPlanning DeptEagle ApplicationsTA2015OR -50 -15 Petco drf.doe 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. 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 Page 9 of 12 KAPlanning Dept\Eagle Applications\DA201MDR -50 -15 Petco drf doc 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. 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 rp for 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. Page 10 of 12 KAPlanning DeptTagle ApplicationMA2015\DR -50 -15 Petoo drfdoe 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. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on October 28, 2015. 2. Requests for agencies' reviews were transmitted on October 29, 2015, 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- 50 -15) 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 (highway business district) zoning district. DATED this 140' day of January 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robert b, Chairman ILCAJAP----n=� .q Sharon K. Bergmann, Eagle City Cl k P.• E Pe '•• s X tee- 40 •.•O ps • o. 4. • Page 11 of 12 K "API -g Dept\Eagle Applic tiom\Dr\2415\DR -50-I S Pe drf, doe Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 12 of 12 KAPlanning Dept\Fagle Applic tionADr\201 MDR -50 -15 Petco dTfdoc