Findings - DR - 2001 - DR-22-99 MOD - Landscaping At The Eagle Church Of The Nazarene
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR)
A DESIGN REVIEW FOR LANDSCAPING AT )
THE EAGLE CHURCH OF THE NAZARENE )
FOR THE EAGLE CHURCH OF THE NAZARENE)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-29-99 MOD
The above-entitled design review application came before the Eagle Design Review Board for their
action on October 18, 2001. The Eagle Design Review Board having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A.
B.
PROJECT SUMMARY:
Eagle Church of the Nazarene, represented by Mark Butler with Land Consultants Inc.,
is requesting design review approval of the existing landscaping at the Eagle Church of
the Nazarene which has been modified from the approved landscape plan for this site.
The site is located on the south side of State Street approximately %-mile west of Eagle
Road at 1001 West State Street.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 12,2001.
c.
NOTICE OF PUBLIC HEARING:
Notice of this public hearing was mailed to property owners abutting the subject
property in accordance with Eagle City Code on August 14,2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 5, 1999, the Eagle City Council approved a building expansion to the Eagle
Church of the Nazarene (DR-29-99).
E.
COMPANION APPLICATIONS: None
F.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: (None)
DISCUSSION:
C.
.
On October 5, 1999, the Eagle City Council approved a building expansion and landscape
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improvements to the Eagle Church ofthe Nazarene site (DR-29-99). The original landscape
plan showed 3-inch caliper trees that were to be planted throughout the site. Some of the
trees that have been planted on site do not meet the 3-inch minimum tree caliper required per
Eagle City Code. Also, several species of plant material have changed from the original
approval of this site. The applicant is requesting a modification to the approved landscape
plan to allow the plant material that has been planted on site be approved. Staff recommends
that the applicant should be required to provide a revised landscape plan showing all
deciduous trees to be a minimum of 3-inch caliper. The revised landscape plan should be
reviewed and approved by staff prior to issuance of a certificate of occupancy.
The applicant is requesting that the 6-foot high fence not be required to be installed. The
abutting neighbors have submitted letters requesting that the requirement of installing the
fence be deleted. Per Eagle City Code a six foot high by five foot wide landscape buffer is
required between a parking lot and a residential activity. Height requirements shall be
accomplished with plant material with a fence of decorative wall. Staff defers comment
regarding the fence 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 HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on October 18,2001,
at which time testimony was taken and the public hearing was closed. The Board made their
decision at that time.
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).
BOARD DECISION:
The Board voted 4 to 0 to approve DR-29-99 MOD for a design review application for landscaping
at the Eagle Church of the Nazarene with the following staff recommended site specific conditions of
approval and standard conditions of approval with text shown with strike thru to be deleted by the
Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The approved landscape plan (date stamped by the City on September 28. 2001) shall be
implemented immediately barring inclimate weather but no later then May 1. 2002. Provide a revised
landscape plan sho'Ning all deeiduous trees to be a minimum of 3 inch caliper. The re'lÏsed landscape
plan shall be revie\ved and approved by staff prior to issuanee of a certificate of o00upancy.
2. The proposed fence as shown on the original plan date stamped by the City on August 26. 1999.
along the east and west property lines. shall be eliminated.
3. The landscaping located on the west side of the building and on the south side of the parking lot (as
shown on the original landscape plan date stamped by the City of August 26. 1999. shall be installed
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as noted in site specific condition number 1 noted above.
4. The existin¡: Flowerin¡: Crab Apple trees located between the parking lot and the east property line
shall remain as installed.
5. -r¡:e Ar~~~ ;~~a~ ~r;und th; !rash enc lo<ure shall be located ,,"thin a planter ""th bark! ¡:round
c- ver. __ed_r --- 1 n_t _ermItCd to be planted around the ArborvItae located around the trash
enclosure.
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.
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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. 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.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and
1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be
verified in writing by the Eagle Fire Department prior to issuance of any building permits or
certificate of Occupancy, 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
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area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
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 Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission
for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. 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.
23. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from the Design Review Board approval date).
24. 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.
25. 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:
1. The application for this item was received by the City of Eagle on July 12,2001.
2. Notice of this public hearing was mailed to property owners abutting the subject property in
accordance with Eagle City Code on August 14,2001.
3. The Board reviewed the particular facts and circumstances of this proposed design review
application (DR-29-99 MOD) with regard to Eagle City Code Section 8-2A-13 Design Review Board
Action, and based upon the information provided concludes that the proposed design review
application is in accordance with the Eagle City Code.
DATED this 8th day of November 2001.
ATTEST:
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Sharon K. Moore, Eagle City lerk
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