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Findings - DR - 2018 - DR-03-09MOD/ Building Addition - Building AdditionsBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A BUILDING ADDITION FOR RESTORED COMMUNITY CHURCH FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -03-09 MOD The above -entitled design review application came before the Eagle Design Review Board for their action on February 22, 2018. 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: Restored Community Church, represented by James Main with Design West Architects, is requesting design review approval to construct a 2,802 -square foot addition to the 2,622 -square foot existing Restored Community Church (formerly Abundant Life Baptist Church). 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. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 3, 2018. Revised materials (landscape plan, site plan, and building elevation plan) were received by the City on February 5, 2018. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 17, 2018, 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 May 29, 2009, the development agreement associated with the project was executed by both parties and subsequently recorded at the Ada County Recorder's Office on June 2, 2009 (Instrument #109064085). Page 1 of 12 K:\I'lannmg Dept\Eagle Appltcations\Dr\2009\DR-03-09 MOD Restored Community Church addition drfdocx On January 24, 2012, the City Council approved a development agreement modification for Abundant Life Baptist Church (RZ-12-08 MOD). On March 13, 2012, the development agreement modification associated with the project was executed by both parties and subsequently recorded at the Ada County Recorder's Office on April 18, 2012 (Instrument #112035884). On January 23, 2018, the City Council approved a development agreement modification for Restored Community Church to amend and restate the rezone development agreement associated with the rezone previously approved for the property (formerly Abundant Life Baptist Church) (RZ-12-08 MOD2). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood A -R -DA (Agricultural- Church Facility Residential Residential with a development agreement) Proposed No Change No Change Expansion of the church facility North of site Neighborhood R -E (residential -Estates) Cavallo Estates Residential Subdivision South of site Public/Semi-Public PS (Public/Semipublic) School (Eagle High School) East of site Neighborhood RUT (Rural -Urban Transition Single-family Residential — Ada County designation) dwelling/Pasture West of site Neighborhood R -E -DA (Residential -Estates Single-family dwelling Residential with a development (proposed Eusterman agreement) Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. 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 12 K:U'lanning Dept\Eaglc Applications\Dr\2009\DR-03-09 MOD Restored Community Church addition drldocx I. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 5.78 -acres (251,777 -square feet) 4.7 -acres (204,732 -square feet) Percentage of Site Devoted 3.9% (approximately — including the 10% (maximum) to Building Coverage existing church building, addition, office, and shed) Percentage of Site Devoted 70% (approximately) 10% (minimum) to Landscaping Number of Parking Spaces 45 -parking spaces total 31 -parking spaces (minimum) Front Setback 520 -feet (North)* 60 -feet (minimum) Rear Setback 85 -feet (South)* 30 -feet (minimum) Side Setback 30 -feet (East)* 30 -feet (minimum) Side Setback 143 -feet (West)* 30 -feet (minimum) *Note: Measurements taken from the adjacent property line to the closest building. J. PARKING ANALYSIS: Gross Floor Area of Existing Office Building and Addition: 6,600 -square feet Number of seats proposed within the building: 154 seats • Eagle City Code Section 8-4-5 requires 1 parking space per 5 seats: Churches and other places of relisious assembly — 1/5 seats 154 seats/5 = 31 parking spaces Proposed On-site Parking Spaces: 45 parking spaces Required Parking Spaces: 31 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Churches and other places of religious assembly") K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building addition to expand the existing church building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-one foot (21') high single -story addition to the existing church building. Gross Floor Area of Proposed Buildings: The proposed building addition is approximately 2,802 -square feet. There is also a 2,622 -square foot existing church building, 336 -square foot office building, and 840 -square foot shed on the site. 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 12 K:'d'lanning Dept \Eagle Applications\Dr\2009\DR-03-09 MOD Restored Community Church addition drldocx L. BUILDING DESIGN FEATURES: Roof: Asphalt composite shingles (GAF Timberline "Barkwood,"), Gables (SW6150 Universal Khaki) Walls: 6" lap siding (SW7598 Sierra Red Wood, Stucco (SW7709 Copper Pot), Stone Veneer (Harristone — Uintah Ledgestone: "Brown") Windows/Doors: Aluminum (Bronze) Fascia/Trim: Fiberboard trim (SW7709 Copper Pot) M. 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: 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. N. TRASH ENCLOSURES: One (1) 144 -square foot trash enclosure is proposed to be located near the west end of the new gravel parking area. The enclosure is proposed to be constructed of wood, lap siding, wood trim, and wood gates; all of which will match the materials and colors used in the construction of the building. O. MECHANICAL UNITS: The applicant is proposing to use a ground mounted mechanical unit. The ground mounted mechanical unit is proposed to be screened by a 6 -foot tall cedar fence. No roof mounted mechanical units are proposed and none are approved. P. OUTDOOR LIGHTING: The electrical site plan shows the location of proposed parking lot lighting and building wall lighting. The applicant has provided three (3) detailed cut sheets of the proposed lighting. Q. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be submitted for the approval of signs proposed on the site. R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is currently on septic system and will connect to central sewer as a part of this application. The applicant has applied for annexation into the Eagle Sewer District boundaries. A preliminary approval from the Eagle Sewer District has not been received by the City. The site is serviced by a potable well and is not required to connect to central water until a new church building is constructed. S. PUBLIC USES PROPOSED: None. Page 4 of 12 K:\Planning Dept\Eagle Applicalions\DA2009\DR-03-09 MOD Restored Community Church addition drldocx T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes 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 V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: Ada County Highway District Andeavor (formerly Tesoro Logistics NW Pipeline) Drainage District #2 Eagle Fire Department Eagle Parks and Recreation Idaho Transportation Department Republic Services X. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. 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 Page 5 of 12 KAPlanning Dept \Eagle Applications\DA2009\DR-03-09 MOD Restored Community Church addition drf.docx SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 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, 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. 3.3 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. 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 any height exception. • Church 3.5 The existing church facility may continue to be served by the potable well located on site. Prior to construction of the addition to the existing church facility (planned 2,802 square -foot addition to the existing 2,622 square foot existing building) Owner shall provide a fire hydrant (utilizing potable water from a central water system) located in proximity to the existing church facility. The existing church facility may be served by the septic system until such time the existing church facility is expanded at which time the existing church facility (and addition) shall be connected to central sewer. Owner shall be required to provide a sewer permit with the building permit application for the addition to the existing church facility. A certificate of occupancy for the addition to the existing church facility will not be issued prior to Owner providing a fire hydrant internal to the site and connecting the existing church facility (and addition) to central sewer. 3.8 All outdoor events shall comply with Eagle City Code Section 4-9 Loud Amplification Devices; Noise Ordinance. 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. Page 6 of 12 K:Wlannmg Dept\Eagle Applications \Dr\2009\DR-03-09 MOD Restored Community Church addition drfdocx 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 area shall be reviewed and approved by the Eagle Fire Department prior to issuance of a certificate of occupancy for a future expansion of the existing church facility. The gravel all-weather surface is only approved for the expansion of the existing church facility. 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. D. DISCUSSION: • The applicant is proposing to construct a 2,802 -square foot addition to the existing 2,622 -square foot church building. The applicant's justification letter states that the architectural style of the addition will be Craftsman style to match the existing church facility. Staff defers comment regarding the building design and colors to the Design Review Board. • The proposed addition to the existing church building is needed to accommodate the current growth of the church. The church has plans to construct a new church building when the need arises in the future and funding is available. The development agreement associated with this site allowed for the site improvements (i.e. landscaping adjacent to Floating Feather, parking lot landscaping, a paved drive aisle, and paved parking areas to be deferred until the new church building is proposed (development agreement conditions provided on page 6 herein for reference). STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on February 22, 2018. 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 01:30) • The Board was in agreement with this application and the application was moved to the Consent Agenda for approval. Page 7 of 12 K\planning Dept \Eagle Applications\DA2009\DR-03-09 MOD Restored Community Church addition dr1docx BOARD RECOMMENDATION: The Board voted 5 to 0 (Grubb and Brasher absent) to approve DR -03-09 MOD for a design review application to construct a 2,802 -square foot addition for Restored Community Church, with the following staff 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 a sewer permit from the Eagle Sewer District prior to the issuance of a building permit. 3. Provide an approval letter for construction of sewer improvements from Eagle Sewer District prior to the issuance of a building permit. 4. Provide an approval letter for completion of sewer improvements from Eagle Sewer District prior to the issuance of a certificate of occupancy. 5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 6. 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. 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 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. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system Page 8 of 12 K:Wlanning Dept\Eaglc Applications\Dr\2009\DR r'3 ,9 MOD Restored Community Churt.h addnt n drf d:•,x 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) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the Page 9 of 12 K:Nlanning Dept \Eagle Applications\Dr\2009\DR-03-09 MOD Restored Community Church addition drl docx 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 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. Page 10 of 12 K:Wlanning Dept \Eagle Applications\Dr\2009\DR-03-09 MOD Restored Community Church adduum drf docx 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 and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -03-09 MOD) 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 Board 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 building addition is permitted with the approval of a design review application within the A -R -DA (Agricultural Rural 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 proposed building addition is designed to match the existing building and complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site meets the required parking for a church facility and the drive aisles have been designed in conformance with Eagle City Code Section 8-4- 5; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, will enhance the continuity of thematically common landscape architectural features since the proposed building addition has been designed with quality materials and matching features utilized on the existing building and will enhance the character of the area; Page 11 of 12 K:U'lanning Dept\Eagle Applications\Dr\2009\DR-03-09 MOD Restored Community Church addition drtldocx 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 proposed building addition has matching features utilized on the existing building and is in conformance with the Eagle Architecture and Site Design book; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed building addition is in conformance with the required setbacks and height restrictions; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential and commercial area; 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 subdivision, and will not cover or detract from desirable architectural features. DATED this 8th day of March 2018. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Cow tai riIdaho Robelrt'6rubb, Chairman ATTEST: Sharon K. Bergmann, Eagle City Cler ,,,s'•••••H••,,,, �.•`*.t OF EAC •••, G • lig o R,1,p.•:',, cd es% SEAL,! .,��••• •• /E OF `OP,•,,. Page 12 of 12 K' \Planning Dept\I agle Applications\Dr\2009\DR-01-09 MOD Restored Community Church addition drl:docx