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Findings - DR - 2005 - DR-62-05 - Construct A 9934 Sq' Building Addition To The 36,330 Sq' Church Facility/1001 W. Stat BEFORE THE EAGLE DESIGN RIWlEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO CONSTRUCT A BUILDING ADDITION ) TO THE EAGLE CHURCH OF THE NAZARENE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-62-05 The above-entitled design review application came before the Eagle Design Review Board for their action on August 11,2005. The Eagle Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: The Eagle Church of the Nazarene, represented by Paul Tjelta with Design West Architects, is requesting design review approval to construct a 9,934-square foot building addition to the 36,330-square foot church facility. The site is located on the south side of West State Street approximately 3,200-feet west of Eagle Road at 1001 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle recei ved the application for this item on July 7, 2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on July 21, 2005, In accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 26, 1999, the Eagle City Council approved a conditional use permit to construct a building expansion to the Eagle Church of the Nazarene building (CU-6-99). On October 5, 1999, the Eagle City Council approved a design review application to construct a building expansion to the Eagle Church of the Nazarene building (DR-29-99). On November 27, 2001, the Eagle City Council approved a design review application to modify the approved landscape plan for the Eagle Church of the Nazarene (DR-29-99 MOD). E. COMPANION APPLICATIONS: CU-1O-05/V-I-05 (conditional use permit and variance applications) Page 1 of 12 K:\PlmmiIIY Ikpt\Eagk Arr1i<:atiolls\Dr\2005\DR-62.05 urf <.1<1<; F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA nON Existing Residential Four (up to R-4 (Residential) Church four units per acre) Proposed No Change No Change No Change North of site Residential Four (up to R-4 (Residential) Residential! Agricu I tu ral four units per acre) South of site Residential Four (up to R-4 (Residential) State Highway 44 four units per acre) East of site Residential Four (up to R-4 (Residential) Residential four units per acre) West of site Residential Four (up to R-4 (Residential) Residential four units per acre) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: There is an existing 36,330-square foot building on the site with recreation fields to the east and south of the building. 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 21.3S-acres (931,312-square feet) O.lS-acres (S,OOO-square feet) (minimum) Percentage of Site Devoted to 4% (approximately) 40% (maximum) Building Coverage Percentage of Site Devoted to 67% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 54-parking spaces for this 54-parking spaces for this addition addition 233-parking spaces total 234-parking spaces total Front Setback 220-feet (north) 20-feet (minimum) Rear Setback nO-feet (south) 25-feet (minimum) Side Setback 210-feet (west) 7.5-feet (minimum) Side Setback 215-feet (east) 7.5-feet (minimum) Page 2 of 12 K:\PlaJUling Ikpt\Eaglt: Applil:atiolls\Dr\2005\DR-62-0S urf.dllc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building, church facility. Height and Number of Stories of Proposed Buildings: 35-feet, two stories. Gross Floor Area of Proposed Buildings: Existing Proposed 1 sl floor = 28, 130-square feet 7,290-square feet 2nd floor = 8,200-sQuare feet 2,644-square feet Total = 35,420-square feet 10,844-square feet Total square footage of building = 46,264-square feet On and Off-Site Circulation: A 106,320-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 30-foot wide driveway is located approximately 30-feet west of the eastern property line and a 30-foot wide driveway is located 360-feet east of the western property line to provide this site access to West State Street. K. BUILDING DESIGN FEATURES: Roof: Membrane and asphalt shingle Walls: 16% - Split face eMU (beige), 84% - Smooth face CMU painted (beige), 44% - Stucco Windows/Doors: Dark Bronze frames Fascia/Trim: Metal (color a shade darker than accent CMU color) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are numerous trees on this site that the applicant is proposing to retain. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant has approximately six hundred-sixty five (665) linear feet of frontage of which three hundred-eighty five (385) linear feet has had street trees installed on both the north and south sides of the meandering sidewalk. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required. 10% is proposed. M. TRASH ENCLOSURES: Existing Page 3 of 12 K:\Plullllillg rkpt\Eagle Arrlil.:atioll~\Dr\2005\DR-6~-05 JrfUoI: N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units. The roof top mechanical units are proposed to be screened by the parapet wall of the building. No ground mounted mechanical units are proposed and none are approved. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGN AGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES A V AILABLE: Preliminary approval letters from Central District Health Department and Eagle Fire Department 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 majority of this area is designated as a Hazard Area and Special Area in the Comprehensive Plan Evidence of Erosion - no Fish Habitat - Not known Floodplain - 100 year Floodway - Yes Mature Trees - Yes Riparian Vegetation - Yes Steep Slopes - no Stream/Creek - Dry Creek Unique Animal Life - Unknown Unique Plant Life - Unknown Unstable Soils - Unknown Wildlife Habitat - Yes U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ada County Highway District BFI Central District Health Chevron Pipeline Page 4 of 12 K:\Planlling Dl:pl\ElIgk Applil'UtillllS\Dr\2005\DR-62-0S urfu.m,: Department of Environmental Quality Eagle Fire Department Idaho Power Company W. LETTERS FROM THE PUBLIC: Letter from Keith Atkins, City Forester, dated July 28, 2005 (incorporated herein by reference). STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 7 - Natural Resources and Hazard Areas 7.8 Hazard Areas The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within the Eagle Impact Area. Future areas may be added to the Comprehensive Plan when deemed necessary. Areas of flooding consists of two parts: (I) the flood way which is the most severe area of flooding characterized by deep and fast moving water; and (2) the floodplain which is less severe than the flood way and is characterized by shallower and slower moving waters at the time of flooding. Chapter 9 - Parks, Recreation and Open Spaces 9.5 Pathways and Greenbelts Pathways are nonmotorzed multi-use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. Greenbelts are typically land areas that border scenic features or hazard areas (i.e.: the Boise River and Dry Creek) and are designed B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-5(E) Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show, through the use of pictures and text, specific period architectural styles, themes, and elements envisioned through the requirements of this article. The EASD book. established through a resolution of the city council and as may be amended through future resolution(s), contains all exhibits referenced in this article and is incorporated herein by reference. However, exhibit A- I may only be modified through an ordinance amendment. The architecture styles found in the EASD book are permitted styles. Architectural styles not shown within the EASD book will not be considered. . Eagle City Code Section 8-2A-6(A)(5) Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground, and the design review board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; 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 Page 5 of 12 K:\Plalllling Ikpt\E.ugk Appliwtilllls\Dr\2005\OR-6l-05 tlrf.um: wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); . Eagle City Code Section 8-2A-6(A)(6)(c, d, and e) 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; d. Relationship Of Exterior Materials: The design review board shall determine the appropriateness of materials as they relate to building mass, shadow relief, and existing area development. Use of color to provide blending of materials with the surrounding area and building use, and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered; and e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. . Eagle City Code Section 8-2A-6(B)(I)(g) Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block for accent only, ten percent (10%) maximum wall coverage (per each facade); . Eagle City Code Section 8-2A-7(C)(2) Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl of this section. . Eagle City Code Section 8-2A-7(M)(1 and 2) 1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Meandering sidewalks shall be required when space permits. An average five foot (5') wide minimum parkway planter strip planted with shade class (class II or class III) trees shall be required between the sidewalk and street to provide a canopy effect over streets. 2. In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. . Eagle City Code Section 8-3-6(B) Curb, Gutter And Sidewalks: Construction of standard six inch (6") vertical curb and gullet', and five foot (5') sidewalks meeting the department, or district standards, whichever is applicable, shall be constructed. C. DISCUSSION: . The existing church facility is constructed of smooth and split face CMU block, with stucco accents. The applicant is proposing to utilize those same construction materials in the new building addition. Within the applicant's justification letter date stamped by the City on July 7, Page 6 of 12 K:\PJUlIllillg Dept\Eagl~ Applil.:utions\Dr\2005\DR-62-05 lbi.Juc 2005, the applicant indicates that the proposed building addition fits within the Prairie School architecture as outlined within the EASD book. It is staff's opinion that while a few of the building characteristics of the Prairie School architecture are proposed to be used in the building addition that there are numerous design elements that have not been proposed that would give this building the look of a Prairie School building. The building is predominately parapet walls, with no windows, or horizontal projections. Per the Prairie School architecture outlined within the EASD book, roof types include gabled, broad hipped, low pitched, and wide, overhanging eaves; windows include casement (typically in rows) or typically are glass is used; stories include two stories, first story projection, compressed upper story. The applicant should be required to provide revised building elevations showing the addition of roof types, windows, and story projection as describe within the Prairie School architecture. The revised building elevations should be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. . One hundred percent (100%) of the building addition will consist of smooth or split face CMU block. Per Eagle City Code, smooth face block for accent only, may cover a maximum of ten percent (10%) of the building fa~ade per each elevation. The applicant should be required to provide revised building elevations showing that the amount of smooth face block on this building addition does not exceed ten percent (10%) per building elevation. The revised building elevations should be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. . A five foot (5') wide meandering sidewalk was been constructed along West State Street abutting the eastern three hundred-eighty five (385) linear feet of this site with the building expansion approved October 4, 1999 (DR-29-99). Per Eagle City Code, a six inch (6") vertical curb is required with all development adjacent to State Street. The City of Eagle has been working with the applicant to accomplish the installation of the six inch (6") vertical curb abutting this site and with this new building addition vertical curb is proposed along West State Street abutting the eastern three hundred-eighty five (385) linear feet of this site. The applicant is proposing to construct the six inch (6") vertical curb and gutter with five foot (5') meandering sidewalk with a future building addition on the remaining two hundred-eight (280) linear feet of frontage. However, the ACHD staff report date stamped by the City on August 1,2005, indicates that a rive foot (5') concrete sidewalk is required to be constructed from the existing sidewalk to the west property line (approximately two hundred-eighty (280) linear feet of frontage). The applicant should be required to provide a revised landscape plan showing six inch (6") vertical curb and gutter with a five foot (5') wide meandering sidewalk along West State Street for the entire frontage of this site abutting West State Street (six hundred-sixty five (665) linear feet). The revised landscape plan should be reviewed and approved by staff prior to the City issuing zoning certificate for this site. . Staff defers to the Design Review Board if the applicant should be permitted to postpone the construction of the curb, gutter and sidewalk adjacent to West State Street abutting the western two hundred-eighty (280) linear feet of frontage or if they should be required to install these improvements with this building addition. . The 2000 Comprehensive Plan Transportation/Pathway Network Map #1 of 2 shows a pathway to be constructed along the Dry Creek. The applicant should be required to incorporate a pathway along the Dry Creek within their master site plan. This pathway should be reviewed and approved by the Eagle Parks and Pathway Committee for location and construction standards. The pathway should be designed and constructed with the next building addition constructed on this site. . Staff defers comment regarding building design and colors to the Design Review Board. Page 7 of 12 K:\P1UlUlillg Ikpt\Eugk Applil.:utiolls\Dr\2005\DR-Il:!-OS Jrf.dul.: 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 August 11, 2005, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 5 to 0 (Barnes and Floegel absent) to approve DR-62-05 for a design review application to construct a building addition to the Eagle Church of the Nazarene, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable requirements of CU-1O-05. 2. Comply with the requirements of V-OI-05. 3. Provide revised building elevations showing vertical banding on the west and south building elevations (similar to the east building elevation but without the windows). Provide revised building elevations showing the split face CMU wainscoting on the new building addition to match the height of the split face CMU wainscoting on the existing building. tile additioll sf roof t),13es, win6sws, and story projection as aeseribe witkin tile Prairie Sek8sl arckitectlire. The revised building elevations shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the City issuing a zoning certificate for this site. 4. Provide revised building elevations showing that the amount of smooth face block on this building addition does not exceed ten percent (10%) per building elevation. The revised building elevations shall be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. 5. Provide a revised landscape plan showing a total of two hundred-thirty four parking spaces to be located on this site. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 6. Provide a revised landscape plan showing six inch (6") vertical curb and gutter with a five foot (5') wide meandering sidewalk along West State Street for the entire frontage of this site abutting West State Street (six hundred-sixty five (665) linear feet). The revised landscape plan shall be reviewed and approved by staff prior to the City issuing zoning certificate for this site. 7. The applicant shall be required to incorporate a pathway along the Dry Creek within their master site plan. This pathway shall be reviewed and approved by the Eagle Parks and Pathway Committee for location and construction standards. The pathway shall be designed and constructed with the next building addition constructed on this site. 8. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees prior to the commencement of any construction or grading of the site. Page 8 of 12 K:\PIUlllling ~pl\Etlgl~ Applil,;ali()J\~\Dr\2005\DR.6!-05 urf.Joc 9. Any eXistIng trees that are damaged during the construction process shall be replaced with, new healthy trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester. 10. No ground mounted mechanical units are proposed with this application and none are approved. 11. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 12. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 13. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 14. No signs are proposed with this application and none are approved. 15. Provide a revised landscape plan showing the addition of trees and shrub material to be located on the west and south building elevations of the new addition. The revised landscape plan shall identifv the three (3) conifer trees proposed to be planted on the west side of the existing building as Columnar Eastern White Pine trees. The revised landscape plan 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. 16. All non-conforming light fixtures shall be removed from the site prior to the City issuing a Certificate of Occupancy. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy. whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Page 9 of 12 K:\PlwlIlillg Dt:pt\Eagk: Applicatiolls\Dr\2U05\DR-62-05 JrfJol.: 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 Cel1ificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. 'The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings. 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, Page 10 of 12 K:\Plalluing Dt:pl\ElIgk Aprli.:atiol\~\Dr\2005\DR-61-05 Jt1',Joc 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. IS. 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 changc. 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 propelty 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. 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). Page 11 of 12 K:\Plullllillg IXpt\Eugll: Aprli<.:atioll~\Dr\2005\DR-6!-05 JrfJ<l<.: 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 July 7, 2005. 2. Requests for agencies' reviews were transmitted on July 21, 2005, 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-62-05) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the Residential Four (RA) zoning district. DA TED this 25th day of August 2005. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho ATTEST: Page 12 of 12 K:\Plalllling Dt::pl\Eagk Applir.:atiolls\Dr\2005\DR-62-05 Jrfd,}!;