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Findings - DR - 2002 - DR-47-02 - Construct City Hall Facility For The City Of Eagle OR161NAl BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A CITY HALL FACILITY FOR THE CITY OF EAGLE ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-47-02 The above-entitled design review application came before the Eagle Design Review Board for their action on August 8, 2002. The Eagle 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: The City of Eagle, represented by Tom Zabala with ZGA Architects and Planners, is requesting design review approval to construct a 23,000-square foot City Hall facility (including Ada County Sheriffs Department Sub-station). The site is located north of the east/west private lane between the Eagle Post Office and the Eagle City Library approximately 400-feet north of State Street (Lots 6 and 7, Block 1, of Aquila Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 3,2002. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on July 22, 2002. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Eagle City Code on July 19, 2002. Requests for agencies' reviews were transmitted on July 9,2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: Eagle City Hall conditional use application (CU-6-02) for a height exception for the light monitor. Vacation of utility easement on the western lot Line of Lots 6 and 7, Block 1 of Aquila Subdivision (V AC-3-02). Page 1 of 12 K:IPlanning DeptIEagle Applications\Drl2002IDR-47-02 drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business District CBD (Central Business Vacant District) Proposed No Change No Change Eagle City Hall North ofsite Residential Four (up to R-4 (Residential) Eagle Village Residential four dwelling units per Subdivision acre) South of site Central Business District CBD (Central Business Pioneer Credit Union & District) professional offices East of site Central Business District CBD (Central Business Eagle Post Office District) West of site Central Business District CBD (Central Business Eagle City Library District) G. DESIGN REVIEW OVERLAY DISTRICT: This site is located in the CEDA (Community Entry Development Area). H. EXISTING SITE CHARACTERISTICS: This site is located on a vacant lot within the Aquila Subdivision commercial development, situated between the Eagle City Library and the Eagle Post Office. There are ten (10) deciduous trees, three (3) evergreen trees, and approximately one hundred and thirty five (135) shrubs of different varieties existing on this site. Page 2 of 12 K:\Planning DeptlEagle ApplicalionslDr\2002IDR-47-02 drf.doc 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 2.27-acres (98,797-square feet) 0.0 I-acres (500-square feet) (minimum) Percentage of Site Devoted to 23% (approximately) 20% (minimum) Building Coverage 85% (maximum) Percentage of Site Devoted to 58% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 132-parking spaces 92-parking spaces (minimum) Front Setback llO-feet (south) 20-feet (minimum) Rear Setback 67-feet (north) O-feet Side Setback 40-feet (east) 10-feet (minimum) Side Setback O-feet (west) 10-feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a government office building. Height and Number of Stories of Proposed Buildings: Main Building = 32 Y2-feet, one story. Light monitor = 40- feet high, one story. Gross Floor Area of Proposed Buildings: City Hall = 23,000-square feet On and Off-Site Circulation: A 23,3l5-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 30-foot wide driveway (shared with the library to the west) is proposed to be located on the private lane abutting the south side of this site approximately 250-feet east of Stierman Way. A second 25-foot wide driveway on the private lane is located 500-feet east of Stierman Way and is proposed to provide access to secured parking located behind the new city hall facility. K. BUILDING DESIGN FEATURES: Roof: Standing seam metal roof (Champagne) Walls: Brick, stone and EIFS (Brown/Sandstone) Windows/Doors: Prefinished aluminum (Copper) FascialTrim: Precast concrete, metal, EIFS L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are ten (10) deciduous trees, three (3) evergreen trees, and approximately one hundred Page 3 of 12 K:\Planning Dept\Eagle Applications\Dr\2002IDR-47-02 drf.doc and thirty five (135) shrubs of different varieties existing on this site. The applicant is proposing to move and relocate the ten (10) existing deciduous trees on site, however, the three (3) evergreen trees and one hundred and thirty five (135) shrubs are not proposed to be relocated on site. Tree Replacement Calculations: The removal of the three (3) ten foot (10') tall evergreen trees would require four (4) trees to be relocated on this site. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: This site does not front a public right-of-way, however the applicant is proposing to install street trees along the east/west lane abutting this site. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required. 13% is proposed. M. TRASH ENCLOSURES: One ISO-square foot trash enclosure is proposed to be located along the north side of the building approximately 500-feet north of the driveway on the east/west private lane. The enclosure is proposed to be constructed of brick veneer with prefinished metal panel gate doors with steel castors. N. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by the parapet walls. O. OUTDOOR LIGHTING: The applicant has provided detailed cut sheets of the proposed parking lot, bollard, building and other site lighting. Only the bollard light locations where noted on the site plan. A site and parking lot light plan showing light distribution, location, height, and wattage is required to be reviewed and approved by the Design Review Board prior to issuance of any building permits. P. SIGNAGE: Sign Data Proposed Required Wall Sign Dimensions 1.5' high x 12.5' wide N/A Area of Signage 19-square feet 1 IO-square feet (maximum) Illumination None proposed Interior-illumination prohibited Building Wall Sign Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, Page 4 of 12 K:\Planning Dept\Eagle ApplicationslDr\2002IDR-47-02 drf.doc Eagle Sewer District 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 - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Department of Environmental Quality Eagle Fire Department Eagle Sewer District W. LETIERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) . The Comprehensive Plan Land Use Map designates this site as Central Business District. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-1-2 ROOF-MOUNTED MECHANICALS: Page 5 of 12 K:\Planning Dept\Eagle ApplicationslDr\2002IDR-47-02 drf.doc All equipment mounted above the roof plane of a building, including, but not limited to, heating and air conditioning equipment, antennas, satellite dishes, and other equipment necessary to establish a controlled interior environment. All roof-mounted mechanicals shall be screened from view. . 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 throu~h the use of a parapet wall when utilizin~ a flat roof desi~ 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). Section 8-2A- 7(A)(6)(g)(3) . . Roof-mounted mechanicals all vents protruding through the roof and similar features shall be painted so as to match the color of the roof. Section 8-2A-7(C)(l) Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the City. Where trees are approved by the City to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree 1 inch to 6 inches cal. 61/4 inches to 12 inches 121/4 inches or more Replacement 2x cal. of tree removed 1.5x cal. of tree removed Ix cal. of tree removed . Section 8-2A- 7(C)(2) Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl of this Section. . Section 8-4-4-2(A)(2) Any lights used to illuminate a site shall be arranged to reflect the light away from the adjoining property. . Section 8-4-4-2(A)(3) Except as noted in subsection A4 of this Section, all site lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. . Section 8-4-4-2(A)(5)(a and d) Light pole fixtures shall have a maximum height of: a. Twenty feet (20') for parking lots with less than two hundred (200) spaces; Page 6 of 12 K:\Planning DeptlEagle ApplicationslDr\2002IDR-47-02 drf.doc . d. Fifteen feet (15') for any pole within fifty feet (50') ofa property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 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. . Section 8-4-5 SCHEDULE OF PARKING REQUIREMENTS: PUBLIC/SEMI-PUBLIC Government offices 1 per 250 sq. ft. gross floor area Libraries, museums and art 1 for each 400 sq. ft. floor area galleries C. DISCUSSION: . The applicant is proposing to use roof-mounted mechanical units with the construction of this building. Per Eagle City Code, all roof-mounted mechanical units are required to be completely screened from view through the use of a parapet wall or enclosed within the building. The applicant has indicated the roof-mounted mechanical units will be screened by the parapet wall. The applicant should be required to provide detailed cut sheets of the mechanical units showing height and size and revised building elevations showing the roof-top mechanical units are completely screened by the parapet wall from all elevations. The applicant should be required to provide a roof plan showing the location of the mechanical units on the roof. The revised building elevations and roof plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. The applicant is proposing to move and relocate ten (10) deciduous trees on site, however, three (3) evergreen trees and one hundred and thirty five (135) shrubs are not proposed to be relocated on site. Per Eagle City Code, the applicant is required to retain all trees on site, replace the trees on site, or provide a monetary value to the tree fund. The three (3) evergreen trees are equivalent to four (3) three inch (3") caliper trees. The applicant should be required to provide a revised landscape plan showing the three (3) evergreen trees relocated on site, provide an additional four (4) three inch (3") caliper trees, or provide a monetary value to the tree fund. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board or a monetary value should be paid to the tree fund prior to issuance of a building permit. . . The applicant has provided detailed cut sheets of the proposed parking lot, bollard, building and other site lighting. Only the bollard light locations where noted on the site plan. The applicant should be required to arrange the lights to reflect the light away from the adjoining property. The applicant should be required to provide a site, building, and parking lot light plan showing light distribution, location, height, and wattage should be reviewed and approved by the Design Review Board prior to issuance of any building permits. Per Eagle City Code, government offices require one parking space per two hundred and fifty (250) square feet of gross floor area and libraries require one parking space per four hundred (400) square feet of gross floor area. The existing library facility is l6,680-square feet which requires forty two (42) parking spaces. The city hall facility is proposed to be 23,000-square feet which requires ninety two (92) parking spaces. The total combined required parking spaces for the library and city hall facilities is one hundred thirty four (134). The construction of the new city hall facility will eliminate nineteen (19) parking spaces that currently existing at the library facility. There are twenty seven (27) parking spaces that exist on the west side of the western entrance into Aquila Subdivision on State Street. With the construction of the new city hall . Page 7 of 12 K:lPlanning DeptlEagle ApplicationslDr\2002IDR-47-02 drf.doc facility a total of one hundred and thirty six (136) parking spaces will exist which is two (2) additional parking spaces than what is required per Eagle City Code. 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 HEARING OF THE BOARD: A. A public hearing on the application was held before the Design Review Board on August 8, 2002, at which time testimony was taken and the public hearing was closed. The Board made their decision at that time. 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 one individual who felt that this project was well designed (not including the applicant). BOARD DECISION: The Board voted 4 to 0 (Murray, McCullough, and Barnes absent) to approve DR-47-02 for a design review application to construct a new city hall facility 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 ofCU-6-02 and V AC-3-02. 2. Provide detailed cut sheets of the mechanical units showing height and size and revised building elevations showing the roof-top mechanical units are completely screened by the parapet wall from all elevations. The applicant shall be required to provide a roof plan showing the location of the mechanical units on the roof. The revised building elevations and roof plan shall be reviewed and approved by the Design Review Board prior to issuance of a building permit. 3. Provide a revised landscape plan showing the three (3) evergreen trees relocated on site or in the new City parkin~ lot (located on the southwest corner of 1 sl Street and Idaho Street), provide an additional four (4) three inch (3") caliper trees, or provide a monetary value to the tree fund. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board or a monetary value shall be paid to the tree fund prior to issuance of a building permit. 4. Provide a site, building, and parking lot light plan showing light distribution, location, height, and wattage shall be reviewed and approved by the Design Review Board prior to issuance of any building permits. 5. Provide detailed cut sheets of a shield around the lamp and lens of the proposed parking lot light fixtures. The cut sheets shall be reviewed and approved by staff prior to issuance of a building permit. 6. Provide a revised landscape plan showin~ the landscape chan~es as indicated by the ap¡>licant (i. e.: new location of the trash enclosure. new location of the security ~ates. annual color in the raised planters. meanderin~ sidewalk alon~ the north side of the private drive. and additional plantin~s around the plaza area located on the south side of the council chamber). The revised landscape plan shall be reviewed and approved by staff and one member of the Desi p1 Review Board prior to Page 8 of 12 K:lPlanning DeptlEagle ApplicationslDr\2002IDR-47-02 drf.doc issuance of a buildin~ permit. 7. Provide a revised site plan that shows all the parkini &paces associated with the city hall facility and the library facility includin~ the existin~ parkin~ s.paces located on the south side of the east/west private road and north of State Street. The revised site plan shall be reviewed and ap.,proved by staff and one member of the Desi~ Review Board prior to issuance of a buildin~ permit. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy 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) Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\2002IDR-47-02 drf.doc has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt 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 Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. Page 10 of 12 K:\Planning DeptlEagle ApplicatioßsIDr\2002IDR-47-02 drf.doc 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance ofa building permit or 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 Commission and/or 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/or the Planning and Zoning Commission for review and approval. 21. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 22. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved priQr to construction! installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 23. Any change by the applicant in the planned use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 23. 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 Design Review Board approval date). 25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 26. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. Page 11 of 12 K:lPlanning Dept\Eagle Applications\Dr\2002IDR-47-02 drf.doc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on July 3, 2002. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on July 22, 2002. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Eagle City Code on July 19,2002. Requests for agencies' reviews were transmitted on July 9, 2002 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-47-02) 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. DATED this 15th day of August 2002. ATTEST: Page 12 of 12 K:\Planning Dept\Eagle Applications\Dr\2002IDR-47-02 drfdoc