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Findings - 2018 - DR-10-18 - Construct A Church Building Within Lanewood Church SubdivisionBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO CONSTRUCT A CHURCH ) BUILDING WITHIN LANEWOOD CHURCH ) SUBDIVISION FOR ALLAN CHRISTEAN ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -10-18 The above -entitled design review application came before the Eagle City Council for their action on June 26, 2018. The Eagle City Council 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: Allan Christean, Project Manager, represented by Gene C. Ulmer with Gene C. Ulmer Architecture, is requesting design review approval to construct a 18,326 -square foot church building. The 5.24 -acre site is located on the east side of North Lanewood Road at the northeast corner of North Lanewood Road and West Venetian Drive within Lanewood Church Subdivision (Lot 1, Block 1). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 8, 2018. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on March 13, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with development agreement, planned unit development, and preliminary plat for Lanewood Estates Planned Unit Development (of which the subject property is a portion of) (Ada County File # 200700017 — S/ZC/PUD/DA). On December 11, 2012, the Eagle City Council approved an annexation, rezone, conditional use, preliminary development plan, and preliminary plat applications for Lanewood Subdivision (A-03- 12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12). On February 28, 2013, the Design Review Board approve a design review application for the common area landscaping within Lanewood Subdivision (DR -03-13). On November 26, 2013, the Eagle City Council approved an annexation, rezone, conditional use, preliminary development plan, and preliminary plat applications for Lanewood Subdivision No. 2 (inclusive of 1.58 -acres previously included within Lanewood Subdivision No. 1) (A-03-13/RZ-04- 13/CU-05-13/PPUD-05-13/PP-09-13). On May 13, 2014, the Eagle City Council approved an extension of time application for the preliminary plat for Lanewood Subdivision (PP -01-12) (EXT -02-14). On September 9, 2014, the Eagle City Council approved a final development plan and final plat for Lanewood Subdivision No. 1 (FPUD-06-14 & FP -15-14). Page 1 of 13 K:1Planning Dept Eagle Applications1Dr120181DR-10-18 Lancwood LDS Church ccf.ducx On September 23, 2014, the Eagle City Council approved an extension of time application for the execution of the development agreement for the rezone and the preliminary plat for Lanewood Subdivision No. 2 (RZ-04-13/PP-09-13). On December 13, 2016, the Eagle City Council approved a final development plan and final plat for Lanewood Subdivision No. 2. On January 21, 2016, an Amended and Restated Development Agreement (Instrument #2016-008962) was executed which combined the conditions of development contained within the development agreement associated with RZ-03-12 (Instrument #114026828) and the City Council approved conditions of development associated with RZ-04-13 (pursuant to the owner's request). On April 25, 2018, the Eagle City Council approved a development agreement modification to provide a revised fencing exhibit to the development agreement and allow for a church site to be located within Lanewood Subdivision No. 2. E. COMPANION APPLICATIONS: DR -11-18 (LDS Church Sign) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood R -3 -DA -P (Residential with a Residential (Proposed Residential development agreement - Lanewood Subdivision) PUD) Proposed No Change No Change No Change North of site Neighborhood RUT (Rural -Urban Transition Vacant parcel Residential — Ada County designation) South of site Neighborhood R -2 -DA -P (Residential with a Single-family residential Residential development agreement — (Legacy development) PUD) East of site Neighborhood RUT (Rural -Urban Transition Agriculture Residential — Ada County designation) West of site Neighborhood R -3 -DA -P (Residential with a Residential (Lilac Springs Residential development agreement - Subdivision) and a single - PUD) and RUT (Rural -Urban family residence. Transition — Ada County designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. Page 2 of 13 K:1Planning Deptll?agie Applications1br1201811)R-10-18 Lanewood LDS Church ccidocx I. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 5.24 -acres (228,254 -square feet) 0.23 -acres (10,000 -square feet) Percentage of Site Devoted 8% (approximately) 40% (maximum) to Building Coverage Percentage of Site Devoted 40% (approximately) 10% (minimum) to Landscaping Number of Parking Spaces 245 -parking spaces 63 -parking spaces (minimum) Front Setback 75 -feet (South) 30 -feet (minimum) Rear Setback 238 -feet (North) 25 -feet (minimum) Side Setback 145 -feet (West) 20 -feet (minimum) Side Setback 112 -feet (East) 7.5 -feet (minimum) J. PARKING ANALYSIS: Gross Floor Area of Proposed Church Building: 18,326 -square feet Churches and other places of religious assembly — 1/5 seats 313/5 -square feet = 63 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space per 5 seats for churches and other places of religious assembly: Proposed Parking Spaces: 245 Required Parking Spaces: 63 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Churches and other places of religious assembly") K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a church and one (1) building to be utilized for storage. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-nine foot one inch (29' 1") high single -story church building with a steeple [total building height with steeple is sixty-nine feet (69')] and a nine foot two inch (9' 2") high storage shed. Gross Floor Area of Proposed Buildings: The proposed church is approximately 18,326 -square feet and the proposed storage shed is 190 -square feet. On and Off -Site Circulation: An 88,640 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 25 -foot wide driveway is located on the west property line provides access to North Lanewood Road. Two 25 -foot wide driveways are located on the south property line providing access to West Venetian Street. Page 3 of 13 K:IPlanning DcptUiagle Applications1Dr120181DR-10-18 Lanewood LDS Church ccf.docx L. BUILDING DESIGN FEATURES: Church Building: Roof: Composite shingles (Weather Wood), Roof Valley/Ridge Cap (Slate Gray) Walls: Brick (Barnwood, Old Chicago), EFIS (Dover Sky) Windows/Doors: Aluminum (Kawneer or Arcadia) Fascia/Trim: Pre -cast concrete (Natural Gray), Louvers (Bone White), Soffit/Fascia/Trim (Bone White), Steeple (Bone White) Storage Shed: Roof: Composite shingles (Weather Wood) Walls: Brick (Barnwood, Old Chicago) Windows/Doors: Metal (Bone White) Fascia/Trim: Fascia/Metal Drip (Bone White) M. 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: Street trees are proposed along North Lanewood Road and West Venetian Road. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed. N. TRASH ENCLOSURES: One (1) 190 -square foot trash enclosure is proposed to be located near the east property line approximately 310 -feet north of West Venetian Street. The enclosure is proposed to be constructed of CMU with Brick Veneer and metal gates; all of which will match the materials and colors used in the construction of the building. O. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened by brick screen walls. No rooftop mechanical units are proposed and none are approved. P. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage has been submitted. The parking lot light cut sheets shows 4000 Kelvin LED lighting. Eagle City Code Section 8-4-4-2 limits the light use to a maximum of 3000 Kelvin LED. Q. SIGNAGE: No signs are proposed with this application. A separate design review application (DR -11-18) has been submitted for the approval of a sign proposed on this building. Page 4 of 13 K:1Planning Dept\E3aglc ApplicationssDr120181DR-10-18 Lancwood LDS Church ccf.docx R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has 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. S. PUBLIC USES PROPOSED: None. T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Fire Department Eagle Park, Pathway, and Recreation Idaho Transportation Department Republic Services X. 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 (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.3 The Concept Plan (Exhibit B-1 — B-2) represents the Owner's current concepts for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public Page 5 of 13 K:1Planning Dcp111:agle ApplicationssDr120181DR-10-181anewood LDS Church ccf.docx comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibits (Exhibit E-1 — E-2). All other fencing (i.e. chainlink) shall be prohibited. A requirement that the stained cedar fencing located adjacent to the subdivision boundary and the entry corridors shall be maintained in an attractive manner. 3.8 The residential lots and landscape buffer located adjacent to North Lanewood Road at the northwest corner of the Property may be converted to a church site. A church use which is shown as "C" — Conditional Use under the R (Residential) zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be a permitted use on the Property. Owner shall submit a design review application for the site and shall comply with all conditions required by the City of Eagle as a part of the design review prior to issuance of a zoning certificate. The action does not proposed modification to the approved preliminary plat (PP -09-13) or deletion of the references lots. In the event that construction of a church does not occur, the residential lots will be developed as proposed, approved, and depicted on Exhibit B-1. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-6(B)(6)(a): Architectural Appurtenance Height Restrictions: All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a maximum of forty feet (40') within the DDA and TDA and thirty five feet (35') in all other locations. Additional height may be permitted if a conditional use permit is approved by the city council. • Eagle City Code Section 8 -2A -7(J)(2): Buffer Areas/Common Lots: Minimum Requirements: c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscape buffer is required. Page 6 of 13 K:1Planning DeptlEagle AApplications1Dr120181DR-10.18 Lanewood LDS Church ccrdocx • Eagle City Code Section 8 -2A -7(M): Parkway Strips, Separated Sidewalks, and Street Trees: 1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Sidewalks shall be required when space permits. An eight foot (8') wide minimum parkway planter strip planted with shade class (class II) trees shall be required between the sidewalk and street to provide a canopy effect over streets. D. DISCUSSION: • The building elevation plans submitted show a twenty-nine foot one inch (29' 1") church building with a steeple that reaches a height of sixty-nine feet (69'). Eagle City Code Section 8-2A- 6(B)(6)(a) states that a steeple shall be limited to a maximum of thirty-five feet (35'), however, additional height may be permitted if a conditional use permit is approved by the city council. The applicant should be required to submit a conditional use permit application requesting a height exception for the steeple prior to the issuance of a zoning certificate. • The landscape plan shows a trash enclosure and storage shed located 25 -feet west of the east property line with a 3 -foot wide area of mulch to the north of the storage shed, 1 -foot wide area of mulch to the south of the trash enclosure, mulch between the storage shed and trash enclosure, and sod to the east of both structures. Eagle City Code Section 8-2A-7(J)(2)(c) states that to conceal the outdoor storage areas and trash receptacles from residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscape buffer is required. The applicant should be required to provide a revised landscape plan showing a five foot (5') wide by six foot (6') high landscape buffer north, east, and south of the trash enclosure and storage shed. The revised landscape plan should be reviewed by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan shows street trees adjacent to North Lanewood Road located on the east side of the sidewalk however, no street trees are shown on the west side of the sidewalk due to the powerlines being located above the eight foot (8') wide parkway planter strip. Eagle City Code Section 8 -2A -7(M) requires an eight foot (8') wide minimum parkway planter strip with a shade class II tree between the sidewalk and street. The applicant should be required to provide a revised landscape plan showing class I street trees located within the parkway planter strip between the sidewalk and street. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The Eagle Fire Department transmittal response states that the drive aisle with access to the fire hydrant is required to be a minimum of twenty-six feet (26') wide. The site and landscape plans currently show the drive aisle at twenty-five feet (25') wide. The applicant should be required to provide a revised site and landscape plan showing the drive aisle east of the building to be a minimum of twenty-six feet (26') wide. The revised site and landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on April 12, 2018, at which time the Board made their recommendation. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. Page 7 of 13 K:IPlanning DeptTagle Applications1Dr120181DR-10-18 Lanewood LDS Church ccf.docx C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 55:21) Upon completion of the applicant's and staff s presentations, the Board discussed during deliberation that: • The Board is in favor of the proposed architecture and colors of the building. • The Board is concerned with the height of the steeple in relation to the building. The building height is twenty-nine feet, one inch (29' 1") with the proposed steeple reaching a height of sixty-nine feet (69'). The Board discussed a ten foot (10') reduction to the steeple height in order to be more in scale with the building (this discussion did not result in a site specific condition of approval). • The Board is in favor of relocating the street trees adjacent to Lanewood Road to the east side of the sidewalk due to the conflict with the power lines. BOARD DECISION: The Board voted 6 to 0 (Schafer absent) to recommend approval of DR -10-18 for a design review application to construct a church building within Lanewood Church Subdivision for Allan Christean, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated April 26, 2018. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on June 26, 2018, at which time the Council made their decision. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve DR -10-18 for a design review application to construct a church building within Lanewood Church Subdivision for Allan Christean, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of DR -03-13 and DR -03-13 MOD. 2. In accordance with Eagle City Code Section 8 -2A -6(B)(6), the applicant shall submit a conditional use permit (CUP) application for an architectural appurtenance height exception request for consideration by the City for the proposed sixty-nine foot (69') tall steeple. If the CUP application is approved, then this condition shall be considered satisfied. If the CUP application is not approved, then the applicant shall submit a revised building elevation showing the steeple reduced in height to a maximum of thirty-five feet (35'). The revised plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide a revised landscape plan showing a five foot (5') wide by six foot (6') high landscape buffer north, east, and south of the trash enclosure and storage shed. The revised landscape plan shall be reviewed by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 4. Provide a revised site and landscape plan showing the drive aisle east of the building to be a minimum of twenty-six feet (26') wide. The revised site and landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 8 of 13 K:'Planning DeptlEagle Applications1Dr120181DR-10-18 Lancwood LDS Church ccf.docx 5. Provide a revised lighting cut sheet showing the parking lot lighting at a maximum of 3000 Kelvin LED. The revised cutsheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 6. Comply with Republic Services requirements for trash enclosure bollard placement. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 12. No signs are proposed with this application and none are approved. 13. If downspouts are used, provide revised building elevations showing the location and the color that is consistent with the adjacent building materials. The revised building elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 14. The landscape plan, date stamped by the City on March 8, 2018, showing the street trees adjacent to Lanewood Road on the east side of the sidewalk is approved. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and 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 Page 9 of 13 K:11'lanning IhpA agh: Applications1Dr120181DR-10-181.ancwood LDS Church ccf.docx 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. Page 10 of 13 K:1Planning DeptlEiaglc Applicationc1Dr120181DR-10-18 Lanewood LDS Church ccf.docx 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to Page 11 of 13 K:U'lanning Dept'Eagle Applications Dr12018\DR-10-18 Lanewood LDS Church ccf.docx comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR -10-18) 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. 2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a church building is permitted within the Lanewood development agreement and the approval of a design review application; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed church building is designed to complement the general vicinity and a conditional use permit (CUP) application for an architectural appurtenance height exception has been approved for the proposed sixty-nine foot (69') tall steeple; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site meets the required parking for a church building; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed church building has been design with quality materials and will enhance the character of the area; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the church building is in conformance with the Eagle Architecture and Site Design Book; Page 12 of 13 K:1Planning Dept\ iagle Applications11h120181DR-10.18 Lancwood LDS Church ccf.docx F. (1) With regard to the building, will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations. (2) With regard to the steeple, a height exception has been granted and it was determined the steeple will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential area; and I. No signs are proposed with this application. A separate design review application (DR -11-18) has been submitted for the building and the sign will be required to be harmonious with the architectural design of the building and will not cover or detract from desirable architectural features. DATED this 26th day of June 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: f -/24 Sharon K. Bergmann, Eagle City erk Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within fourteen (14) days of the final written decision. Page 13 of 13 K:\planning Dept Eagle Applications \DA?OIS\DR- 10 -IK Lanewood LDS Churchccl.docx \Fl/dill :A• ‘k) (/ 11'••• —'11• .•• 1 •ti -. • *. \i • �•i1lii Rte•+`'� •• •