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Findings - DR - 2002 - DR-67-02 - Construct Restaurant And Distillery For Bardenay Restaurant & Distillery BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A RESTAURANT AND DISTILLERY FOR BARDENA Y RESTAURANT AND DISTILLERY ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-67-02 The above-entitled design review application came before the Eagle Design Review Board for their action on November 14,2002. 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: Bardenay Restaurant and Distillery, represented by Roger Foster with BRS Architects, is requesting design review approval to construct a 6,200-square foot restaurant and distillery. The site is located on the south side of East Riverside Drive approximately 50-feet east of the Hilton Garden Inn within Eagle River Development. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 10, 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 October 29, 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 October 25, 2002. Requests for agencies' reviews were transmitted on October 17, 2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development agreement (including a concept plan) for this site. On April 24, 2001, the Eagle City Council approved a preliminary plat (PP-14-00) for this site. On May 8, 2001, the Eagle City Council approved a final plat (FP-13-0 1) for this site. On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat (PPIFP-1-01) for this site. On February 26, 2002, the Eagle City Council approved a design review application for the Hilton Garden Inn (DR-82-01) (located adjacent to this site's west property line). E. COMPANION APPLICATIONS: None Page 1 of 12 K:\Planning DeptlEagle Applications\Dr\2002\DR-67-02 drfdoe F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-3-DA (Highway Business Vacant District with Development Agreement) Proposed No Change No Change Restaurant and Distillery North of site Commercial C-3-DA (Highway Business Riverside DriveNacant District with Development Agreement) South of site North Channel of the R-2-P (Residential) North Channel of the Boise RiverlResidential Boise River/Island Woods Two Subdivision East of site Mixed Use MU-DA (Mixed Use with Vacant Development Agreement) West of site Commercial C-3-DA (Highway Business Hilton Garden Inn District with Development Agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: The north channel of the Boise River is located south of this site and there is a pond located abutting the east side of this site. Page 2 of 12 K:\Planning DeptlEagle Applications\Dr\2002\DR-67-02 drf.doc 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 1.288-acres (56,105-square feet) 0.03-acres (1,300-square feet) (minimum) Percentage of Site Devoted to II % (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 50% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 49-parking spaces 42-parking spaces (minimum) Front Setback 250-feet (north) 0- feet Rear Setback 35-feet (south) O-feet Side Setback 40-feet (east) O-feet Side Setback 50-feet (west) O-feet J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a restaurant and distillery. Height and Number of Stories of Proposed Buildings: 27 Y2-feet high, one story. Gross Floor Area of Proposed Buildings: 6,200-square feet. On and Off-Site Circulation: An 80,538-square foot (approximately) paved parking lot provides parking for vehicles using this site, the Hilton Garden Inn and pad site located at the southeast corner of Rivershore Drive and Eagle Road. One 35-foot wide driveway is proposed to be located on the north side of this site approximately 335-feet east of Eagle Road providing access to Riverside Drive. The applicant has proposed 10-parking spaces on the east side of the hotel for non-exclusive parking spaces for sportsman access to the river. The spaces are required to have signage stating, "River Access Parking" designating these 10-parking spaces are for sportsman access only. K. BUILDING DESIGN FEATURES: Roof: Concrete Tile Walls: EIFS/Stucco Windows/Doors: Wood Fascia/Trim: Wood Other: Columns and Wainscot to be stucco and stone 1. LANDSCAPING DESIGN: Page 3 of 12 K:\Planning DeptlEagle ApplicationsIDr\2002IDR-67-02 drfdoc Retention of Existing Trees and Preservation Methods: There are existing trees along the North Channel of the Boise River which is located south of this site, however there are no trees proposed to be removed with the construction of this building. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: This site does not abut Riverside Drive, however, the street trees required along Riverside Drive have been installed in accordance with the approved landscape plan for Eagle River Development (DR- 70-00). 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: 8% interior landscaping is required. 9% is proposed. M. TRASH ENCLOSURES: One I 50-square foot trash enclosure is proposed to be located near the northwest corner of the building approximately 420-feet south ofthe driveway on Riverside Drive. The enclosure is proposed to be constructed of stucco walls with solid metal gates painted to match the colors of the building. N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units. The roof top mechanical units are proposed to be screened with a mansard roof and parapet wall. No ground mounted mechanical units are proposed with this application. O. OUTDOOR LIGHTING: The applicant is proposing to use a 250-watt high pressure sodium shoebox light fixture mounted on a 20-foot high pole. A 4-inch shield is proposed to be installed around the frame of the light fixture to screen the lamp and lens from view per Eagle City Code. The developer of Eagle River Development has required that all development within this development use this same light fixture. 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: Preliminary approval letters from Central District Health Department, Eagle Fire Department, 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. Page 4 of 12 K:\Planning DeptlEagle Applications\Dr\2002\DR-67-02 drfdoc 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 - Yes - Boise River Floodplain Evidence of Erosion - no Fish Habitat - no Floodplain - Yes - Entire site is located within the 100-year floodplain Mature Trees - Yes - located along the North Channel of the Boise River Riparian Vegetation - No Steep Slopes - no Stream/Creek - Yes - North Channel of the Boise River Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - Yes U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An environmental assessment plan was provided to and reviewed by the City Engineer with the preliminary plat of Eagle River Development (PP-14-00). A copy of the environmental assessment plan is on file with the City Engineer. 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 V. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Commercial. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ARTICLE III - CONDITIONS ON DEVELOPMENT 3.2.17 In addition to the minimum parking spaces required by Eagle City Code provide 10 to 12 non-exclusive parking spaces for the sportsman access shown on the attached concept Page 5 of 12 K:IPlanning DeptlEagle ApplicationsIDr\2002IDR-67-02 drfdoc plan (near hotel). The spaces shall be provided with signage generally stating, "River Access Parkíng". C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-1-2 ROOF-MOUNTED MECHANICALS: 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 through the use of a parapet wall when utilizin~ 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 ofthe 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. D. 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. On Sheet BX-1, date stamped by the City on October 10, 2002, the roof-top mechanical units are shown as being four feet (4') in height and completely screened from view by the parapet wall and/or mansard roof. The applicant should be required to provide a roof plan showing the location of the mechanical units on the roof. The roof plan should be reviewed and approved by staff prior to the City accepting a building permit for this site. Per the Development Agreement and preliminary and final plat approvals for Mixed Use Subdivisions No.1 and 2, 10 to 12 non-exclusive parking spaces are required for sportsman access to be located near the hotel. The spaces are required with signage stating, "River Access Parking". The ten (10) river access parking spaces and the "River Access Parking" signs should be installed prior to the issuance of a certificate of occupancy for the hotel site or this site. Per the master sign plan for the entire Eagle River Development, this site is required to share a monument sign, to be located on Eagle Road, with the Hilton Garden Inn and the pad site located to the north of the Hilton Garden Inn. The applicant should be aware that this site is allowed one monument sign to be shared with the Hilton Garden Inn and the pad site located to the north of the Hilton Garden Inn. The applicant should be required to work with the property owners of the Hilton Garden Inn and the pad site to the north of the Hilton Garden Inn to coordinate a monument sign that will be shared by all three sites. . . . Per the approval of the Hilton Garden Inn (DR-82-01), the applicant was required to complete all parking lot improvements (i.e.: pavement, striping, landscaping, lighting, drainage, etc.) as submitted with that application. The parking lot improvements included this site, the Hilton Page 6 of 12 K:\Planning DeptlEagle ApplicationsIDr\2002\DR-67-02 drfdoc Garden Inn and the pad site located to the north of the Hilton Garden Inn. The applicant for this site has reconfigured the parking spaces and drive aisles as shown on Sheet L-1 date stamped by the City on October 10,2002, for this site. The applicant should be required work with the owner of the Hilton Garden Inn to complete the parking lot as approved with the Hilton Garden Inn (DR-82-0 1) with the revisions submitted with this application (Sheet L-1 date stamped by the City on October 10,2002). The parking lot improvements (i.e.: pavement, striping, landscaping, lighting, drainage, etc.) should be constructed prior to issuance of a certificate of occupancy for this site or the hotel 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. PUBLIC HEARING OF THE BOARD: A. A public hearing on the application was held before the Design Review Board on November 14, 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 that expressed great satisfaction with the design of this facility utilizing the greenbelt and the natural features the Boise River offers in this location. BOARD DECISION: The Board voted 6 to 0 (Barnes absent) to approve DR-67-02 for a design review application to construct a restaurant and distillery for Bardenay Restaurant and Distillery 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: I. All roof-mounted mechanical units shall be completely screened from view by the parapet wall and/or the mansard roof. Provide a roof plan showing the location of the mechanical units on the roof. The roof plan shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 2. The ten (10) river access parking spaces and the "River Access Parking" signs shall be installed prior to the issuance of a certificate of occupancy for the hotel site or this site. 3. All roof vents protruding through the roof and similar features shall be painted so as to match the color of the roof. 4. No exterior building lighting is proposed with this application and none is approved. 5. Work with the owner of the Hilton Garden Inn to complete the parking lot as approved with the Hilton Garden Inn (DR-82-0 1) with the revisions submitted with this application (Sheet L-1 date stamped by the City on October 10,2002). The parking lot improvements (i.e.: pavement, striping, landscaping, lighting, drainage, etc.) shall be constructed prior to issuance of a certificate of occupancy for this site or the hotel site. 6. Provide a recorded cross access agreement with the property to the west (Hilton Garden Inn) and Page 7 of 12 K:IPlanning DeptlEagle ApplicationsIDr\2002IDR-67-02 drfdoc with the property to the north of the Hilton Garden Inn for this site to access the driveway located on East Riverside Drive. The recorded cross access agreement shall be reviewed and approved by the City Engineer prior to the City accepting a building permit for this site. 7. Install the landscaping around the pump house located on the east side of the entrance to this site prior to a certificate of occupancy being issued for this site. 8. The landscaping which was approved around the pond areas on a previous application (DR- 70-00) shall be installed prior to a certificate of occupancy being issued for this site. 9. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 11. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 12. Comply with any applicable conditions ofRZ-2-98 and the development agreement for Eagle River Development. 13. Comply with any applicable conditions ofPP-14-00 for Eagle River Development. 14. Comply with any applicable conditions ofFP-13-01 for Eagle River Development (Mixed Use Subdivision No.1). 15. Comply with any applicable conditions ofPPIFP-1-01 for Eagle River Development (Mixed Use Subdivision No.2). 16. Provide a revised landsca,pe plan showing additional pedestrian amenities (i.e.: bike rack. benches. bollard lights) alon~ the greenbelt pathway abutting this site. Provide a revised landscape plan showing plant material with weater heiliht near the northwest corner of the buildinll near the Weeping Norway Spruce tree to provide additional relief to the wall of the buildinll. The revised landscape plan shall be reviewed and approved by staff and one member of the DesillO Review Board prior to the City acceptinll a buildinll permit for this site. 17. Provide a revised building elevation plan showing greater detail (i.e.: stone wainscot) on the west elevation and portions of the south and north elevations to provide weater relief and interest. The revised building elevation plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a building permit for this site. 18. Provide a revised building elevation plan showing the east building elevation with the addition of Ledgestone placed on the chimney. The revised buildin~ elevation shall be reviewed and approved by staff and one member of the Desi~ Review Board prior to the City accepting a building permit for this site. 19. The trash enclosure location as shown on sheet L-2 date stamped by the City on November 14.2002. is approved. STANDARD CONDITIONS OF APPROVAL: I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Page 8 of 12 KIPlanning DeptlEagle Applications\Dr\2002\DR-67-02 drfdoc 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 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 Page 9 of 12 K:\Planning DeptlEag1e Applications\Dr\2002\DR-67-02 drfdoc 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 Councilor 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. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. Basements in the flood plain are prohibited. Page 10 of 12 K:\Planning DeptlEagle ApplicationsIDr\2002IDR-67-02 drfdoc 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 prior to construction! installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 23. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on October 10, 2002. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on October 29, 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 October 25, 2002. Requests for agencies' reviews were transmitted on October 17,2002 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-67-02) 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. Page 11 of 12 K:\Planning DeptlEagle ApplicationsIDr\2002IDR-67-02 drfdoc DATED this 12th day of December 2002. DESIGN REVIEW BOARD OF THE CITY OF GLE Ada County, Ida ATTEST: .""""""'" ,...., OF £)\0 ""#. J,'" ~ ~ .-..".".. t~ ~'-' ¡ ,~..~ .. v .... ! CJ l ~YORA.~~"\ '\ : :,.9 : . .v .*. : . _.- ~ : :... \ L ;:. : . . ~.- " .~ S BÂ "',," I' :: ~ ...(\0 ~<:).. ,.:/ :: ~.p ../tPOtl"" ~ð . ~ "'...'¡' ........ " ...." ",,-1l"E of '. ~..." """...1.1"" ~ Page 12 of 12 K:\Planning DeptlEagle ApplicationsIDr\2002IDR-67-02 drfdoc