Findings - DR - 2009 - DR-03-09 - Convert A Residential Dwelling Into A Bhurch Facility Ad Construct A Buidling Additio
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONVERT A RESIDENTIAL )
DWELLING INTO A CHURCH FACILITY AND )
CONSTRUCT A BUILDING ADDITION FOR )
ABUNDANT LIFE BAPTIST CHURCH FACILITY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-03-09
The above-entitled design review application came before the Eagle Design Review Board for their action
on March 12, 2009. The 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:
Abundant Life Baptist Church, represented by Jim Main with Design West Architects, is
requesting design review approval to convert an existing 2,622-square foot residential dwelling
into a church facility and to construct a 3,207-square foot building addition. The 5.78-acre site is
located on the south side of West Floating Feather Road approximately 1,000-feet east of Park
Lane at 3633 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 4,2009.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 6, 2009, in accordance with the
requirements of the Eagle City Code.
D. IllSTORY OF RELEVANT PREVIOUS ACTIONS:
On February 2, 2009, the Eagle Planning and Zoning Commission recommended approval of an
annexation and rezone application of this site (A-06-08/RZ-12-08).
E. COMPANION APPLICATIONS: DR-04-09 (design review application for a monument sign)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (up to RUT (Rural-Urban Transition Single-family
one dwelling unit per - Ada County designation) dwelling/pasture
acre maximum)
Proposed No Change A-R-DA (Agricultural- Church Facility
Residential with a
development agreement)
North of site Residential Two (up to R-E (Residential-Estates) Cavallo Estates
two dwelling units per Subdivision
acre maximum)
South of site Public/Semi-Public PS (Public/Semipublic) School (Eagle High
School)
East of site Transitional Residential RUT (Rural-Urban Transition Single-family
- Ada County designation) dwellinglPasture
West of site Residential One (up to RUT (Rural-Urban Transition Single-family
one dwelling unit per - Ada County designation) dwellinglPasture
acre maximum)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing 2,622-square foot residential dwelling
and 375-square foot shed located towards the southern portion of the property. There are
numerous trees located around the existing dwelling unit as well as along the western property
line.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 5.78-acres (251,777 -square feet) 4.7-acres (204,732-square feet)
(minimum)
Percentage of Site Devoted to 2% (approximately for this phase) 10% (maximum)
Building Coverage
Percentage of Site Devoted to 93% (approximately for this 10% (minimum)
Landscaping phase)
Number of Parking Spaces 27-parking spaces 25-parking spaces (minimum)
Front Setback 488-feet (north)* 60-feet
Rear Setback 222-feet (south)* 30-feet
Side Setback I 45-feet (west)* 30- feet
Side Setback 31-feet (east) * 30- feet
*Note: Measurements taken from the adjacent property line to the closest building.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a church facility.
Two buildings to be used as a office/storage.
Height and Number of Stories of Proposed Buildings: 20-feet high; one story.
Gross Floor Area of Proposed Buildings:
Existing building:
Proposed addition:
Total:
2,622-square feet
3.207-square feet
5,829-square feet
On and Off-Site Circulation:
A 9,540-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 20-foot wide driveway is proposed to be located on the east side of this site providing
access to Floating Feather Road.
K. BUILDING DESIGN FEATURES:
Roof: Architectural composition Shingles (Timberline-Hickory)
Walls: 6" lap siding (SW 6144 - Dapper Tan), Split Face CMU Veneer (Basalite - Rose Brown
S.F., Shingle siding (SW 6123 - Baguette)
WindowslDoors: Doors (SW 6341 - Red Cent)
FascialTrim: Fiberboard trim (SW 6122 - Camelback)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees on this
site. At least four of the trees located north of the existing structure are to be removed to
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accommodate the building addition and associated parking. Two trees on the west side of the
existing and proposed building addition are not shown on the plans, so staff is unsure if those trees
are to be retained and protected or removed. There are four (4) trees located south of the existing
structure that are not shown on the plans and if these are to be retained and protected or removed.
Tree Replacement Calculations: If the six (6) trees located south and west of the building (noted as
tree numbers 9 - 14 on the City Foresters Tree Valuation Summary sheet) are to be retained and
protected, the total amount that would need to be contributed to the City Tree Fund would be
$31,050.00 or the total caliper inches of tree that would need to be replaced on this site would be
sixty six (66) caliper inches of tree.
If the six (6) trees located south and west of the building (as noted in the City Foresters Tree
Valuation Summary sheet) are removed, the total amount that would need to be contributed to the
City Tree Fund would be $54,570.00 or the total caliper inches of tree that would need to be
replaced on this site would be one hundred seventy-four (174) caliper inches of tree.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: No landscaping has been proposed along the frontage of this property adjacent to
Floating Feather Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed on the east and south sides of the parking lot.
No landscaping is proposed on the north or west side of the parking lot.
b. Interior Landscaping: 14% interior landscaping is required, 8% is proposed.
M. TRASH ENCLOSURES:
One 20-square foot trash enclosure is proposed to be located along the west side of the site of the
building approximately 25-feet south of the parking lot for this site. The enclosure is proposed to
be constructed of 6" lap siding and fiberboard trim all painted to match the color of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping.
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. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-04-09) has
been submitted for the review of a monument sign for this site.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
have been received by the City. Although water is located within Floating Feather Road adjacent
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to this site, a water service approval has not been received to date because the applicant is
requesting approval to use the existing well. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit or approval from Central District Health
Department allowing the existing well to service this site will be required.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - see City Foresters report
Riparian Vegetation - yes - adjacent to Dry Creek Canal
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - Improvements required along Floating Feather Road: dedicate
right of way, construct a 5-foot wide sidewalk, and relocate the irrigation ditch outside of the
right of way.
Central District Health - If property is served by a septic system an accessory application is
required to be submitted to CDHD.
Chevron Pipeline - No conflict with the Chevron pipeline.
Eagle Fire Department - Comply with fire hydrant spacing and required road width. A complete
set ofbuilding plans is required to be reviewed and approved prior to any building permits being
issued.
Idaho Transportation Department - No comments
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Memo from City Forester, dated February 17, 2009 (see attached).
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WIllCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
· The Comprehensive Plan Land Use Map (adopted 11-27-07) designates this site as:
Residential One
Suitable primarily for single-family residential development within areas that are rural in character.
An allowable density of up to one unit per acre.
B. ZONING CODE PROVISIONS, WIllCH ARE OF SPECIAL CONCERN REGARDING TillS
PROPOSAL:
. 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.
· Eagle City Code Section 8-2A-6(B)(3) Fences
e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted.
· Eagle City Code Section 8-2A-7(A)
Landscape Plan Required: A landscape plan is required for all developments requiring a
design review, including, but not limited to, all subdivisions. The landscape plan shall be
drawn to scale (no smaller than 1 inch equals 30 feet) and shall indicate the following:
2. Existing trees and vegetation identified by species and size.
· Eagle City Code Section 8-2A-7(C)(1)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
from with an species is as follows:
1 inch to 6 inches caliper
inches to 12 inches
inches or more
2x caliper of tree removed
1.5x caliper of tree removed
I x caliper of tree removed
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
. 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 C 1 of this section.
. Eagle City Code Section 8-2A-7(K)(1)
Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
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Parking should be located to the side and rear of buildings and shall be screened so that it does
not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen
parking areas (chain link fencing shall not be permitted). In the design of large parking areas,
arrange bays of parking spaces to be separated by landscaping. When parking lots occur on
sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to
extend above natural grade.
· Eagle City Code Section 8-2A-7(J)(2)
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six
foot (6') high landscaped buffer is required.
· Eagle City Code Section 8-3-3(D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40')
to any lot line of a residential district; except that the minimum yard requirements may be
reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening
approved by the council is provided. Such screening shall be a masonry or solid fence between
four (4) and eight feet (8') in height, maintained in good condition and free of all advertising or
other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land
not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of
evergreen shrubs not less than four feet (4') in height at the time of planting.
. Eagle City Code Section 8-4-4-2(A) Site Lighting
2. Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
3. Except as noted in subsection A4 of this section, all site lighting shall be recessed or
shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque materiaVlens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially
zoned parcel of land or parcel of land used for residential purposes.
C. DISCUSSION:
· There is an existing 2,422-square foot dwelling unit, two (2) accessory structures, and numerous
trees located throughout the site. The applicant is requesting to convert the existing dwelling unit
into a church facility and to add a 3,207-square foot building addition to the north side of the
existing building. The church facility, with the existing building and proposed building addition,
would total 5,829-square feet. The proposed architectural style of the building addition is
Craftsman Style, so as to blend with the existing structure. A low bungalow style roof with wide
overhanging eaves is proposed to be used. Gables with braces and shingle siding are to be used in
the gables. Square tapered columns with split faced masonry veneer are to be used at the main
entry to the church facility.
· One of the accessory structures is located northwest of the existing building appears to be used as
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an office because it has ingress/egress doors, windows, and a covered walkway. The accessory
structure was not identified in the application; however, the applicant's justification letter indicates
the building will be painted to match the new color scheme of the church facility. If the building is
permitted to remain, the architecture and colors of the building should reflect those used on the
church facility. The other accessory structure located southeast of the existing building is not
shown on the plans nor is it addressed what is to happen to this structure. Similar to the other
accessory structure, the architecture and colors of this building should reflect those used on the
church facility. The applicant should be required to provide detailed elevation plans showing how
the architectural style of the two accessory structures will match the Craftsman Style architecture
and colors of the church facility. The detailed elevation plans should be reviewed and approved
by staff and two members of the Design Review Board prior to the City issuing a zoning certificate
for this site.
· There are numerous trees located throughout this site that are to be protected and retained. There
are four (4) trees located north of the existing structure that are to be removed to accommodate the
building addition and associated parking. There are two (2) trees on the west side of the existing
building and four (4) trees located south of the existing structure that are not shown on the plans,
thus staff is unsure if those trees are to be protected and retained or if they are to be removed.
If the six (6) trees located south and west of the building (noted as tree numbers 9 - 14 on the City
Foresters Tree Valuation Summary sheet) are to be retained and protected, the total amount that
would need to be contributed to the City Tree Fund would be $31,050.00 or the total caliper
inches of tree that would need to be replaced on this site would be sixty six (66) caliper inches of
tree.
If the six (6) trees located south and west of the building (as noted in the City Foresters Tree
Valuation Summary sheet) are removed, the total amount that would need to be contributed to the
City Tree Fund would be $54,570.00 or the total caliper inches of tree that would need to be
replaced on this site would be one hundred seventy-four (174) caliper inches of tree.
The applicant should be required to provide a revised landscape plan showing the six (6) trees
located south and west of the existing structure to be protected and retained or noting they are to
be removed. If the six (6) trees are to be protected and retained, the applicant should be required
to pay $31,050.00 to the City Tree Fund or replace on site sixty six (66) caliper inches of tree on
this site. If the six (6) trees are to be removed, the applicant should be required to pay $54,570.00
to the City Tree Fund or replace one hundred seventy-four (174) caliper inches of tree on site. The
revised landscape plan and/or contribution to the City Tree Fund should be reviewed and approved
by staff and two members of the Design Review Board prior to the City issuing a zoning certificate
for this site.
. Eagle City Code indicates that parking should be located to the side or rear of building and that it
should be screened with landscaping so that it does not dominate the streetscape. The parking for
this phase of the church is proposed to be located north of the church facility which is
approximately 420-feet south of Floating Feather Road. Per the site and landscape plans date
stamped by the City on February 4, 2009, a new church facility is proposed to be constructed in
the northern section of the property adjacent to Floating Feather Road. So, the parking lot
proposed to be constructed with this phase would end up being located behind a new church
facility. Staff defers comment regarding the required parking lot landscape screen to the Design
Review Board.
· The existing dwelling unit that is to be converted to a church facility is located approximately
thirty one feet (31 ') west of the east property line. The proposed building addition is proposed to
be located in alignment with the existing structure, thirty one feet (31) west of the east property
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line. Per Eagle City Code, nonresidential buildings or uses shall not be located nor conducted
closer than forty feet (40') to any lot line of a residential district; except that the minimum yard
requirements may be reduce to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the Council is provided. There are a few existing trees located along the
east property line and the applicant is proposing to installed a small planter bed adjacent to the east
side of the structure. Eagle City Code goes on to say that landscaping provided in lieu of a wall or
fence is to consist of a strip of land not less than twenty feet (20') in width and planted with an
evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting. The applicant should be required to provide a revised landscape plan showing a
twenty foot (20') wide strip of land planted with an evergreen hedge or dense planting of
evergreen shrubs not less than four feet (4') in height at the time of planting. The revised
landscape plan should be reviewed and approved by staff and two members of the Design Review
Board prior to the City issuing a zoning certificate for this site.
· There is an existing wood pole, with a cobra style light fixture and antenna, located near the
southeast corner of the existing structure. The light fixture, antenna, and wood pole should be
removed prior to the City issuing a certificate of occupancy for this site.
. Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on March 12,2009, 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 3 to 0 (Barnes, Grubb, McCullough, and Niblett absent) to approve DR-03-09 for
a design review application to covert a residential dwelling to a church facility and construct a
building addition for Abundant Life Baptist Church, 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 conditions of A-06-08/RZ-12-08.
2. Provide detailed elevation plans showing how the architectural style of the one twe accessory
structures located northwest of the church facility will match the Craftsman Style architecture and
colors of the church facility. The detailed elevation plans shall be reviewed and approved by staff and
two members of the Design Review Board prior to the City issuing a zoning certificate for this site.
3. Provide a revised landscape plan showing all trees that are to be removed or retained. the revised plan
shall indicate the species and sizes of each tree. If the applicant is unable to retain all trees. the
monetary value (as indicated on the Tree Valuation Summary Sheet) shall be paid to the City Tree
Fund or the caliper inches proposed to be removed shall be provided on-site. Provide a revised
landseape plan showing the six (6) trees loeated sOHth and "lest of the existing strueture to be proteoted
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and retained or noting they are to be remo','ed. If the six (6) trees are to be protected afld retained, the
applicaflt shall be required to pay $31,050.00 to the City Tree Fund or replace OR site sixty six (66)
caliper inches of tree on this site. If the six (6) trees are to be removed, the applicaflt shall be required
to pay $51,570.00 to the City Tree FURd or reJ3laee one hundred seventy four (171) ealiper inches of
tree on site. The revised landscape plan and/or contribution to the City Tree Fund shall be reviewed
and approved by staff and two members of the Design Review Board prior to the City issuing a zoning
certificate for this site.
4. Provide a revised landscape plan showing a twenty foot (20') wide strip of land between the building
and the east property line planted with all evergreen trees he6ge or dense planting of evergreen shrubs
not less than four feet (4') in height at the time of planting. The revised landscape plan shall be
reviewed and approved by staff afld two members of the Design Review Board prior to the City issuing
a zoning certificate for this site.
5. The existing light fixture, antenna, and wood pole located at the southeast corner of the structure shall
be removed prior to the City issuing a certificate of occupancy for this site.
6. If the accessory structure located northwest of the proposed church facility is to remain and be used for
an office, the applicant shall be required to provide all Ada County building and occupancy permits
allowing this structure to be used as an office. All permits shall be submitted to the City prior to the
City issuing a certificate of occupancy for this site.
7. All vehicles parked behind the proposed church facility shall be removed from the site prior to the City
issuing a certificate of occupancy for this site.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
12. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
13. Paint all roof vents to match the color of the roof.
14. No signs are proposed with this application. A separate design review application (DR-04-09) has been
submitted for the approval of a monument sign for this site. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
15. Upon the redevelopment of the properties to the east and west of this site. the applicant should
provide/allow pedestrian access to and from this site to provide interconnectivity between the church
and future developments.
16. The storage shed located southeast of the church facility is permitted to remain on-site until future
development of this property occurs. Upon the submittal ofa design review application. the need for
this storage shed will be evaluated.
17. Provide a revised landscape plan showing the minimum required plantings along Floating Feather
Road as required within Eagle City Code Section 8-2A-7(L)(l )(a). The revised landscape plan shall
be reviewed and approved bv the Design Review Board prior to the City issuing a zoning certificate
for this site.
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18. The main entry drive shall be a minimum of twenty six feet (26') wide unless approved in writing by
the Eagle Fire Department to be less. If allowed to be less. the driveway shall not be less than twenty
feet (20') wide. Pavement tapers with a minimum fifteen foot (15') radius where the driveway meets
the existing edge of pavement of Floating Feather Road are required per the Ada County Highway
District.
19. Any future development ofthis site requires the submittal of a design review application to be
reviewed and approved by the Design Review Board prior to any improvements being installed or
complete on this site.
20. The undeveloped land between Floating Feather Road and the proposed parking lot shall be
maintained and kept free of weeds and debris.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
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organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever 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.
II. 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 (Le.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City 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.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
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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.
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 City
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 the City Council 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.
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 City Council 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.
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CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on March 12, 2009.
2. Requests for agencies' reviews were transmitted on February 4, 2009, 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-03-09) 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 A-R-DA (agricultural- residential with a development agreement) zoning district.
DATED this 26th day of March 2009.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
~ldahO
Eric R. McCullough, Chairman
ATTEST:
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