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Findings - CC - 2020 - DR-03-09 MOD2 - Mod 2 Restored Community ChurchBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MODULAR BUILDING ) FOR RESTORED COMMUNITY CHURCH ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-03-09 MOD2 The above -entitled design review application came before the Eagle City Council for their action on December 17, 2020. 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: Restored Community Church, represented by Pastor Ben Harris, is requesting design review approval for an 1,800-square foot modular building. The 5.78-acre site is located on the south side of West Floating Feather Road approximately 1,000-feet east of North Park Lane at 3633 West Floating Feather Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 23, 2020. Supplemental information (lighting cutsheet) was received November 18, 2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 10, 2020, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 26, 2005, the City Council made a recommendation to Ada County Board of County Commissioners to approve a Conditional Use Permit and Master Site Plan for West Valley Baptist Church (05-03-CU/05-04-MSP — Ada County application). On March 10, 2009, the City Council approved an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to A-R-DA (Agricultural -Residential — up to one (1) dwelling unit per five (5) acres with a development agreement) for Abundant Life Baptist Church (A-06-08/RZ- 12-08). On April 14, 2009, the City Council approved a design review application to convert a residential dwelling to a church facility and construct a building addition for Abundant Life Baptist Church (DR- 03-09). On April 14, 2009, the City Council approved a design review application to allow one (1) monument sign for the Abundant Life Baptist Church (DR-04-09). On January 24, 2012, the City Council approved a development agreement modification for Abundant Life Baptist Church (RZ-12-08 MOD). On February 13, 2018, the City Council approved a development agreement modification for Restored Community Church (RZ-12-08 MOD2). On March 13, 2018, The City Council approved a modification of a design review application for a Page 1 of 14 K:\Planning Dept\Eagle Applications\Dr\2009\DR-03-09 MOD2 Restored Community Church modular ccf.docx building addition for Restored Community Church (DR-03-09 MOD). On October 23, 2018, the City Council approved a design review application for a monument sign for Restored Community Church (DR-46-18). On August 25, 2020, the City Council approved a development agreement modification for Restored Community Church for a modular building (RZ-12-08 MOD3). E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION Existing Neighborhood Residential ZONING DESIGNATION A-R-DA (Agricultural - Residential with a development agreement) Proposed No Change No Change North of site South of site Neighborhood Residential Public East of site Neighborhood Residential Neighborhood Residential West of site Neighborhood Residential R-E (Residential -Estates) PS (Public/Semi-public) R-3-DA (Residential with a development agreement) R-E-DA (Residential -Estates with a development agreement) LAND USE Church Facility Addition of modular building for a daycare center (preschool) Cavallo Estates Subdivision School (Eagle High School) Single-family dwelling/Single-family residential subdivision (Creek Water Subdivision) Single-family residential subdivision (Eusterman Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. URBAN RENEWAL DISTRICT: No. I. EXISTING SITE CHARACTERISTICS: The site is developed with an existing 2,622-square foot church building, 336-square foot office building, 840-square foot shed, gravel parking area, and amphitheater area. There is also mature landscaping on the site. Page 2 of 14 K:u'lanning Dept\Eagle Applications\Dr\2009\DR-03-09 MOD2 Restored Community Church modular ccfdocx J. SITE DATA: SITE DATA Total Acreage of Site Percentage of Site Devoted to Building Coverage PROPOSED 5.78-acres (251,777-square feet) 3% (approximately) Percentage of Site Devoted 69% (approximately) to Landscaping Number of Parking Spaces 45-parking spaces Front Setback (North) 508-feet Rear Setback (South) 187-feet Side Setback (West) 105-feet Side Setback (East) 109-feet REQUIRED 4.7-acres (204,832-squre feet) 10% (maximum) 10% (minimum) 40-parking spaces (minimum) 60-feet (minimum) 30-feet (minimum) 30-feet (minimum) 30-feet (minimum) K. PARKING ANALYSIS: Gross Floor Area of Existing Church Building: 6,600-square feet, 154 seats Gross Floor Area of Proposed Modular Building: 1,800-square feet Churches and other places of religious assembly — 1 for every 5 seats 154 seats/5 = 31 parking spaces Childcare — daycare center — 1 for each classroom but not less than 9 for the building = 9 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking spaces per 5 seats for churches and 1 parking space for each classroom but not less than 9 for the building for childcare — daycare center: Proposed Parking Spaces: 45 Required Parking Spaces: 40 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Church and other places of religious assembly" and "Childcare — daycare center") L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a daycare center. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 15' 5" high single -story structure. Gross Floor Area of Proposed Buildings: The proposed modular building is approximately 1,800-square feet. On and Off -Site Circulation: A 5,676-square foot existing gravel parking lot and a 5,184-square foot (approximately) proposed gravel parking lot provide parking for vehicles using this site. One 24-foot wide gravel driveway is located on the east property and provides access to West Floating Feather Road. Page 3 of 14 K:\Planning Dept\Eagle Applications \Dr\2009\DR-03-09 MOD2 Restored Community Church modular ccfdocx M. BUILDING DESIGN FEATURES: Roof: Asphalt composite shingles (GAF Timberline "Barkwood,") Walls: Lap siding (SW7598 Sierra Red Wood) Windows/Doors: Aluminum (Bronze) Fascia/Trim: Lap siding (SW7709 Copper Pot) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are mature trees on this site. The applicant is proposing to protect and retain all existing trees on the site. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Landscaping proposed along the frontage of the property, adjacent to Floating Feather, will be reviewed and approved with a future phase. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: No Change a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 8% interior landscaping is required, 8% is proposed. O. TRASH ENCLOSURES: No Change One existing 144-square foot trash enclosure is located near the west end of the new gravel parking area. The enclosure is constructed of wood, lap siding, wood trim, and wood gates; all of which match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: The applicant is proposing to use wall mounted mechanical units. The wall mounted mechanical units are proposed to be painted to match the color of the lap siding. No ground mounted or rooftop mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A lighting plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to issuance of any sign permits. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Depar tinent has been received by the City. The site is located within the Suez Water Service Area and Eagle Sewer District Service Area. T. PUBLIC USES PROPOSED: None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. Page 4 of 14 K:1Planning Dept\Eagle Applications\Dr\2009\DR-03-09 MOD2 Restored Community Church modular ccfdocx V. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. X. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Eagle Park, Pathway, and Recreation Historic Preservation Commission Y. LETTERS FROM THE PUBLIC: None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a. The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c. The actions, if any, that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site; 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; d. Will not interfere with the visual character, quality, or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\2009\DR-03-09 MOD2 Restored Community Church modular cc£docx 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; f. 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 commercial center in the area; and i. Will have signs, if proposed, that are harmonious with the architectural design of the building and the adjacent buildings, and will not cover or detract from desirable architectural features. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.2 Owner shall submit a design review application showing at a minimum: 1) proposed signage, 2) planting details within the proposed and required landscape buffer areas adjacent to W. Floating Feather Road, and the eastern and western boundaries, 3) detached sidewalk adjacent to W. Floating Feather Road, 4) useable amenities such as picnic pavilion, structures associated with the amphitheater, and storage building, and/or similar amenities, and 5) location of future building expansions, new buildings, modular buildings, and associated parking area(s). The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the issuance of a building permit. 3.4 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Agricultural - Residential District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the A-R zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the A-R zoning designation shall require a conditional use permit. Page 6 of 14 K:\Planning DepAEagle Applications\Dr\2009\DR-03-09 MOD2 Restored Community Church modular ccf docx The following use which is shown as "C" conditional use under the A-R zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be a permitted use on the Property. A separate application shall be submitted for a conditional use permit for a height exception. • Church • Daycare center (preschool) 3.5 The existing church facility may continue to be served by the potable well located on site until the time of construction of a new church facility on the northern portion of the property. At this time the Owner shall provide central water and sewer to the existing and newly constructed church facilities. After construction of the new church facility on the northern portion of the property and a certificate of occupancy is issued, the Owner shall be required to remove the modular building within sixty (60) days. 3.9 The required improvements (i.e. curb, gutter, detached sidewalk, etc.) located adjacent to West Floating Feather Road may be deferred until a new church is constructed within the northern half of the Property. 3.10 The access driveway and parking areas associated with existing church facility shall be improved with a gravel all-weather surface material. The access driveway and parking areas shall be reviewed and approved by the Eagle Fire Department. The gravel all-weather surface is only approved for the previously approved expansion of the existing church facility approved by the Eagle City Council on January 9, 2018, (RZ-12-08 MOD2). Should the Owner terminate the agricultural use occurring within the northern half of the Property, the Owner shall pave the access driveway and parking areas, located internal to the Property within one (1) year of the termination of the agricultural use. 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 8-4-4-2: Additional Design and Maintenance Regulations and Requirements: A. Site And Building Lighting: 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens 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. Page 7 of 14 K:\Planning Dept\Eagle Applications\ Dr\2009\DR-03-09 MOD2 Restored Community Church modular ccf.docx 6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved equivalent) shall be the only type of site and building lighting permitted. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. D. DISCUSSION: • The applicant is requesting design review approval for an 1,800-square foot modular building that will be used for daycare center and church. The applicant is proposing to paint the modular building to match the colors on the main church building. The applicant is proposing to remove the grass where the modular building is located. No additional landscaping is proposed. The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be designed to 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, and 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. Staff defers comment of the proposed building regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. • The building elevations do not show a skirting board proposed around the base of the modular building. The applicant should be required to provide revised building elevations showing a skirting board around the base of the modular building to conceal the supports for the building. The revised building elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The lighting cutsheets received by the City on November 18, 2020, do not shield the light downward and exceed the maximum Kelvin allowed for LED illumination. Pursuant to Eagle City Code Section 8-4-4-2, the building lighting is required to be recessed or shielded to direct all light downward and LED lighting is allowed to be a maximum of 3000K. The applicant should be required to provide revised lighting cutsheets showing the style, color, illumination type, wattage, etc. that is in compliance with Eagle City Code Section 8-4-4-2. The revised lighting cutsheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, if the requested design review application is approved, staff recommends the following site specific conditions of approval and 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 December 10, 2020, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. 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 — 21:49) Upon completion of the applicant's and staff s presentations, the Board discussed during deliberation that: • The Board determined the modular building should be approved as proposed since it is a temporary structure, is not visible from the roadway, and the structure will match the colors of the existing Page 8 of 14 K.\Planning Dept\Eagle Applications \Dr\2009\DR-03-09 MOD2 Restored Community Church modular ccf.docx buildings. BOARD DECISION: The Board voted 5 to 0 (Duperault absent) to recommend approval of DR-03-09 MOD2 for a design review application for an 1,800-square foot modular building for Restored Community Church, 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 December 10, 2020. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on December 17, 2020, 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 3 to 0 (Pike abstained) to approve DR-03-09 MOD2 for a design review application for an 1,800-square foot modular building for Restored Community Church, 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 RZ-12-08 MOD2. 2. Provide revised building elevations showing a skirting board around the base of the modular building to conceal the supports for the building. The revised building elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. Provide revised lighting cutsheets showing the style, color, illumination type, wattage, etc. that is in compliance with Eagle City Code Section 8-4-4-2. The revised lighting cutsheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 5. 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. 6. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 8. No ground mounted or rooftop mechanical units are proposed with this application and none are approved. 9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 10. No signs are proposed with this application and none are approved. 11. Provide revised building elevations showing the detail of the accessibility ramp. 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. 12. Provide revised building elevations showing the wall mounted mechanical units to be painted to Page 9 of 14 K:1Planning Dept\Eagle Appiications\Dr12009\DR-03-09 MOD2 Restored Community Church modular ccf.docx match the surface attached to. 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. 13. Provide revised building elevations showing the correct orientation (N, S, E, and W) of the building. 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. 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. b. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) Page 10 of 14 K:\Planning Dept\Eagle Applications \Dr\2009\DR-03-09 MOD2 Restored Community Church modular ccf.docx 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 peiinits 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. 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 Page 11 of 14 K:\Planning Dept\Eagle Applications \Dr\2009\DR-03-09 MOD2 Restored Community Church modular ccf.docx 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 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 Page 12 of 14 K:\Planning Dept\Eagle Applications \Dr\2009\DR-03-09 MOD2 Restored Community Church modular ccf docx 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-03-09 MOD2) 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 modular building is permitted with the approval of a design review application within the A-R-DA (Agricultural -Residential with a development agreement) zoning district; 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 building is designed to complement the other buildings on the site; 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 has adequate parking for the proposed daycare center (preschool) use and complies with Eagle City Code Section 8-4-4-5; 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 building is designed to match the existing buildings on the site; 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 building is designed to complement the existing buildings on the site; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed building height does not exceed the 35-feet permitted within Eagle City Code; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with walkways and has an existing parking lot; 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 center in the area since the walkways will provide access to the modular building and existing buildings on the site; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the buildings, and will not cover nor detract from desirable architectural features. Page 13 of 14 K:1Planning DeptlEagle Applications\ Dr\2009\DR-03-09 MOD2 Restored Community Church modular cc£docx DATED this 17th day of December 2020. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Vasari Pierce, Mayor ATTEST: ,*0-cy OFF k.. 6; (cog P 0 aag1e City C1eec s • �"� r`' ,:i CAL , OF m Ada ••. Page 14 of 14 K:\Planning Dept\Eagle Applical on WrL0091DR-03-09 MOD2 Restored Community Church modular ccf docx