Loading...
Findings - DR - 2003 - DR-56-03 - Construct 16,800' Flex Space Building For The Bagmaker BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A FLEX SPACE BUILDING FOR OWYHEE CAPITAL CORPORATION ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-56-03 The above-entitled design review application came before the Eagle Design Review Board for their action on November 13,2003. The Board continued the item to December 11, 2003, and made their decision at that time. 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: Owyhee Capital Corporation, represented by Clinton Yaka with BRS Architects, is requesting design review approval to construct a 16,800-square foot flex space building for The Bagmaker. The site is located on the south side of State Highway 44 approximately Y2-mile west of State Highway 55 within the proposed Ancona Business Park. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 8, 2003. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on October 21, 2003, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 22, 2002, the Eagle City Council approved a conditional use permit and preliminary plat application (CU-9-01 & PP-6-0l) for Ancona Business Park. On May 21, 2002, the Eagle City Council approved a design review application for the common area landscaping within Ancona Business Park (DR-7-02). This application has since expired. On September 9, 2003, the Eagle City Council approved a preliminary plat extension of time application for Ancona Business Park. E. COMPANION APPLICATIONS: DR-57-03 (building wall sign for The Bagmaker) Page 1 of 11 K:\Plallning DeptlEagl< Applicatiolls\Dr\2003\DR-56-03 drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Mixed Use MU (Mixed Use) Vacant Proposed No change No change Flex space building North of site Business Park BP (Business Park) State Highway 44/Yacant/ Mobile residences South of site Mixed Use MU (Mixed Use) VacanúPasture East of site Mixed Use MU (Mixed Use) VacanúPasture West of site Mixed Use MU (Mixed Use) VacanúPasture G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: N/A I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 38,27 I-square feet (O,88-acres) 7,000-square feet (0.16-acres - minimum) Percentage of Site Devoted to 31 % (approximately) 50% (maximum) Building Coverage Percentage of Site Devoted to 10% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 33-parking spaces 30-parking spaces (minimum) Front Setback 33-feet 20-feet (minimum) Rear Setback 29-feet 20-feet (minimum) Side Setback 47-feet (north) 7.5-feet (minimum) Side Setback 14-feet (south) 7.5-feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One flex space building. Height and Number of Stories of Proposed Buildings: 35-feet in height; two stories. Page 2 of 11 K:\Plamllng DepclEagle Applicacions\DrI2003\DR-56-03 drfdoc Gross Floor Area of Proposed Buildings: First floor = 12,000-square feet Second floor = 4,800-square feet Total = 16,800-square feet On and Off-Site Circulation: A 19,600-square foot (approximately) paved parking lot will be constructed for vehicles using this site. One 24-foot wide driveway access drive will be located on the north side of this site providing access to McGrath Road. Cross access between the abutting parcels will provide access to the north, east, and south. K. BUILDING DESIGN FEATURES: Roof: Concrete tile roofing at the entries (Northwest Grey), single ply on the flat roof areas Walls: Tilt-up concrete (Softer Tan and Cocoon), River rock wainscoting around columns (Stream Stone - Rainier) Windows/Doors: Aluminum Fascia/Trim: EIFS 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: No street trees are required with this application. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is not proposed around the perimeter of the parking lot because this site will be integrated with the surrounding properties providing cross access between parcels. b. Interior Landscaping: 8% interior landscaping is required. 12% will be installed. M. TRASH ENCLOSURES: One 54-square foot trash enclosure will be located near the southwest corner of the building, approximately 360-feet west of the driveway on McGrath Road. The enclosure will be constructed of CMU walls with metal gates, all of which will be painted to match the color of the building. N. MECHANICAL UNITS: The applicant will use roof-top mechanical units. The roof-top mechanical units will be screened by the parapet walls. No ground mounted mechanical units are proposed with this application and none area approved. Page 3 of 11 K:\Plamùng o.,ptlEagl< Applicacions\Drl2003\DR-S6-03 drt'.do< O. OUTDOOR LIGHTING: The applicant will use a total of eight (8) accent light fixtures on the north, south, and east building elevations, and three (3) wall mounted light fixtures will be used on the west building elevation. Six (6) historic light fixtures will be located throughout the parking lot. Two (2) bollard light fixtures will be located within the plaza area at the main entrance to the building located on the east side of the building. All site and building lighting as submitted with this application will be high pressure sodium. P. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-57-03) has been submitted and is required for the approval of any signage for this building. The design review sign application shall be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. Q. PUBLIC SERVICES A V AILABLE: Preliminary approval letters from Central District Health Department and 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 - The Boise River floodplain is designated a Hazard Area and Special Area in the Comprehensive Plan. The Plan specifies additional development criteria and calls for special consideration relating to any proposed development within the Boise River Floodplain. NOTE: A Floodplain Development Permit is required. Evidence of Erosion - no Fish Habitat - no Floodplain - yes - Boise River Floodplain (100 year) Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An environmental assessment plan has been submitted for review. V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which Page 4 of 11 K:\Plamung DeptlEagle Applicacions\Drl2003\DR-56-03 urfuoc appear to be of special concern, are noted below: Ada County Highway District Central District Health Eagle Sewer District Idaho Power Company Idaho Transportation Department W. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Mixed Use. B. 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 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), Section 8-2A-6(A)(6)(a) Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; Section 8-2A-6(A)(6)(b) Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; . . Section 8-2A-6(A)(6)(c) Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment, to provide shadow relief. A void monotonous flat planes; 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. Page 5 of 11 K:\Plwllling DepclEagle Applicacions\Drl2003\DR-56-03 drf.doc . Section 8-2A-7(K)(3) Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . 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. All buildings shall be designed and constructed with architectural features and materials that enhance the entry corridor into the City. Metal buildings shall be prohibited. Architectural elevations and materials for all buildings shall be reviewed and approved by the Design Review Board prior to issuance of any building permits. All loading docks and trash containers shall be screened from view from State Highway 44. Screening materials and location of the loading docks and trash containers shall be reviewed and approved by the Design Review Board prior to issuance of any building permits. All roof mechanical units shall be screened from view. Screening materials shall be reviewed and approved by the Design Review Board prior to issuance of any building permits. . . . D. DISCUSSION: . This site is located within the Ancona Business Park, located adjacent to a highly visible roadway (State Highway 44) and the entryway into the City of Eagle. Eagle City Code requires that the mass of a building be reviewed for its relationship with existing development in the immediate surrounding area. This building will be the first building constructed in this area and special attention should be given to the architecture of this building as it will set the character for all future buildings within this development. The applicant has proposed a one hundred sixty foot (160') long by thirty foot (30') high concrete tilt-up wall on the west building elevation with a six inch (6") undulation in the parapet wall for a distance of ninety six (96) linear feet. The applicant should be required to provide revised elevation plans that provide greater relief on the north, south. and west building elevations through the use of columns, varied building materials, an undulating parapet wall, windows, ledges, or awnings, The revised elevation plans should be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. The loading docks for this building are proposed to be located on the west building elevation which is highly visible from State Highway 44. Per the preliminary plat approval for Ancona Business Park, all loading docks are required to be screened from State Highway 44. The landscape plan, date stamped by the City on October 8,2003, indicates that one (1) deciduous tree and ten (10) shrubs will be planted every thirty five feet (35') on center within the perimeter landscaping abutting this site's west property line. Staff defers comment regarding the screening of the loading docks from State Highway 44 to the Design Review Board. The applicant has not proposed continuous landscaping around the perimeter of the parking lot because this site will be integrated with the surrounding properties providing cross access between parcels. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is required between the property lines and the parking lot and should be planted with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staff s opinion . Page 6 of 11 K:\Plallllillg D<ptlEagl< Appli.aliulls\Drl2003\DR-56-03 dli.do. . that because this site will be integrated with the surrounding properties providing cross access between parcels that the applicant should not be required to provide a perimeter landscape strip on the north, south, or east property lines. This site is located abutting the west property line of Ancona Business Park with no direct street access to McGrath. A common access driveway is proposed to be constructed from the northeast corner of this site, along the common lot lines of Lots I and 7, Lots 2 and 7, Lots 3 and 4, Block I of Ancona Business Park (as shown on Sheet SD-IA date stamped by the City on November 4, 2003). The applicant has indicated that the site is to be accessed by a twenty four foot (24') wide asphalt access drive providing access to McGrath Road. The applicant should work with the developer to complete all the asphalt as shown on the site access plan date stamped by the City on November 4, 2003, to provide a consistent pavement area. . 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 shown details (i.e.: height and size) and the location of the mechanical units in relation to the parapet wall as shown on the elevation plans date stamped by the City on October 8, 2003. The roof-top mechanical units are shown to be completely screened from view by the parapet wall. No ground mounted mechanical units are proposed with this application and none are approved, Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: . Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on November 13, 2003. The application was continued to December 11, 2003, 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 4 to 0 (Floegel, McCullough, and Stanger absent) to approve DR-56-03 for a design review application to construct a flex space building for Owyhee Capital Corporation 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. The roof-top mechanical units are shown to be completely screened from view by the parapet wall as shown on the elevation plans date stamped by the City on October 8,2003. No ground mounted mechanical units are proposed with this application and none are approved. 2. Work with the developer to complete all the asphalt as shown on the site access plan date stamped by the City on November 4, 2003, to provide a consistent pavement area. 3. Provide a complete drainage plan of the twenty four foot (24') wide asphalt access drive located on Lots 1,2,3,4,5, and 7, Block I, Ancona Business Park prior to the City issuing a zoning certificate Page 7 of 11 K:\Plaruung DepclEagle Applicatiolls\Drl2003\DR-56-03 <irf.Joc for this site. 4. Proviàe ftr;ised eleyatiofl plaRs tHat provide gFeater r-eHef OR tHO BortH, SOl::ltH, aRE! west I3l::lildiRg øle';atiofls tHrOligh tHe I::lse of COhUÐI1S, varied Ðl::lildiBg materials, an I::lßdl::llatiBg parapet wall, windows, ledges, or awRiRgs. Tke revised elevatioR plaRs sflol::lld be re'liewed aRd approved by tHe DesigR Re"'¡el,v BoaFd prior to tHe City isSl::liBg a zofliBg eertifieate for tkis site. 5. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 6. No signs are proposed with this application. A separate design review application (DR-57-03) has been submitted and is required for the approval of any signs for this site. The sign application shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 7. Provide revised colored elevation plans showing the paint schemes on the east building elevation alternating and consistent on all three (3) entries. The revised colored elevation plans shall be reviewed and approved bv staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 8, Provide revised elevation plans showing vertical relief to emphasize the column locations on the north, south, and west elevations. The columns shall be painted from the ground up to the highest horizontal revel so as to terminate below the main entry on the east building elevation. The revised elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 9. The location of the windows and columns, as shown on the elevation plan date stamped by the City on December 3, 2003, are approved. 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 Page 8 of 11 K:\PlaJUting Dt:pclEagl< Appücatiolls\Drl2003\DR-56-03 JrfJ,," 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 (I) 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. Page 9 of 11 K:\Plamting DeptlEagle Applications\Drl2003\DR-56-03 dtf.ùoc 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. 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. Page 10 of 11 K:\Planning DeptlEagle Applicacions\Drl2003\DR-S6-03 drf.do< 24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the 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 8, 2003. 2. Requests for agencies' reviews were transmitted on October 21, 2003, 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-56-03) 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 8th day of January 2004. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ~Y'ldMO Eric R. McCullough, ATTEST: ",1111"'" """, F E IIII ~" -<{. 0 A. (') I"~ ~.. «.. ........ v./ " ~ ,..'), ... o.~'-1' '- : "-I." <>J'°P,1.,.,*. '-. : : 10 ':\ ~ ':. ..,v .. :*: P.'- :*: S ~ -,--~..-.: 11.1 " c .. .. -:. "~;", ',',", :: -"p.' ,0',1)" .... /> 00. .' ~.. ..~ '" .A . - 0, '. ' .." ,,'~~":' ..' ~..~ "" " I. .' . ~~~ ,........."" Page 11 of 11 K:\Planning DeptlEagle Applications\Drl2003\DR-56-03 drf.doc