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Findings - DR - 2002 - DR-30-02 - Church Facility For Eagle Family Worship 3838 Floating Feather Rd BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO A CHURCH FACILITY FOR EAGLE F AMIL Y WORSIDP ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-30-02 The above-entitled design review application came before the Eagle Design Review Board for their action on July 11, 2002. The Eagle Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Eagle Family Worship, represented by Shawn Nickel with Land Consultants Inc., is requesting design review approval to construct two phases of a three phased church facility. This application is for the review and approval of a 23,200-square foot building and to convert a 1,300-square foot residential home into an office. This 4.9-acre site is located on the northeast corner of Floating Feather Road and Park Lane at 3838 Floating Feather Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 11, 2002. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on April 24, 2002. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Eagle City Code on April 19, 2002. Requests for agencies' reviews were transmitted on April 19, 2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 23, 2002, the Eagle City Council approved an annexation and rezone from RUT to R-E for this site (A-1-02/RZ-1-02). E. COMPANION APPLICATIONS: CU-1-02 (Height exception to allow a 50-foot high cross). Page 1 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-30-0Z drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Estates (up R-E (Residential) Residence/Pasture to one-unit per two acres max.) Proposed No Change No Change Church facility North ofsite Residential Estates (up R-E (Residential) Cavallo Estates to one-unit per two Subdivision acres max.) South of site Residential One (up to RUT (Residential - Ada Residential /Pasture one-unit per acre max.) County Designation) East of site Residential Estates (up R-E (Residential) Cavallo Estates to one-unit per two Subdivision acres max.) West ofsite Residential Estates (up RUT (Residential- Ada Residence/Pasture to one-unit per two County Designation) acres max.) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There is an existing 1,300-square foot residential home on this site that is proposed to be converted into church offices. Prior to the City of Eagle annexing this property into the City a number of large trees were removed from the site. Page 2 of 14 K\Planning Dept\Eagle Application,\Dr\200Z\DR-30-0Z drf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 4.9-acres (approximately) (213,444- 1.8 - acres (minimum) (78,408- square feet) square feet) Percentage of Site Devoted to 8% (approximately) 24% (maximum) Building Coverage Percentage of Site Devoted to 75% (approximately) 10% (minimum) Landscaping Number of Parking Spaces Ill-parking spaces 1O0-parking spaces (minimum) Front Setback 91-feet (to church) 50-feet 47-feet (existing house) Rear Setback ll6-feet (north) 30-feet Side Setback 154-feet (west) 35-feet Side Setback 330-feet (east) 20-feet Note: The above noted setback distances were calculated from the perimeter property line boundary of the entire lot (from property line to closest building within phase 1 and 2). J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Phase one = one 8,850-square foot church facility with the existing 1,300-square foot single- family dwelling to remain and be used as office. A 2, 160-square foot maintenance building. Phase two = one 14,400-squre foot addition to the church facility. Phase three = one 10,200-square foot addition to the church facility. Height and Number of Stories of Proposed Buildings: Thirty five feet (35') high, two stories (phase two). Gross Floor Area of Proposed Buildings: Phase one = 8,850-square feet Phase two = 14,400-square feet Phase three = 10,200-square feet On and Off-Site Circulation: A 34,375-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 24-foot wide driveway is proposed to be located on the west side of this site approximately 252-feet north of the northeast corner of Park Lane and Floating Feather Road providing access to Park Lane. A 40-foot wide gravel driveway exists on the south side of this site approximately 100-feet east of the northeast corner of Floating Feather Road and Park Lane providing access to Page 3 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-30-0Z drf.doc Floating Feather Road. This gravel driveway is proposed to be used as an emergency access driveway only until phase two of the church facility is constructed. Once phase two of the church facility has been constructed this gravel driveway is proposed to be removed and a 50- foot wide main entrance driveway is proposed to be constructed approximately 365-feet east of the northeast corner of Floating Feather Road and Park Lane providing access to Floating Feather Road. K. BUILDING DESIGN FEATURES: Roof: Asphalt Shingle (Sherwood Green) Walls: Cultured Stone Wainscot, Timbers, Stucco (Saddleback), Vinyl Siding (Moneterey Sand). Windows/Doors: Vinyl Windows (Almond), Front doors are to be wood (Stained) all other doors are to be metal painted to match the building. Fascia/Trim: Dark Green L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: N/ A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant has proposed some evergreen trees and flowering trees along Park Lane and Floating Feather Road. However, per Eagle City Code, one shade tree per thirty five (35) linear feet of frontage is required along Park Lane and Floating Feather Road. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required. 10% is proposed. M. TRASH ENCLOSURES: One 72-square foot trash enclosure is proposed to be located in the northeast corner of the parking area located on the west side of the proposed church facility approximately 130- feet east of the driveway on Park Lane. The enclosure is proposed to be constructed of stucco walls with wood gates with metal frames (colors to match the building). N. MECHANICAL UNITS: The applicant is proposing to locate the air handlers in the attic of the proposed buildings and the condenser units are proposed to be ground mounted units located on the north side of the buildings. The ground mounted mechanical units are proposed to be screened with landscaping. O. OUTDOOR LIGHTING: A picture of a shoebox light fixture not to exceed 20-feet in height has been submitted with this Page 4 of 14 KIPlanning DeptlEagle Application,\Dr\200Z\DR-30-0Z drf.doc application. However, the type of luminaries and wattage of the fixtures has not been specified. A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, and Eagle Sewer District have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Central District Health Eagle Fire Department Eagle Sewer District United Water Company W. LETTERS FROM THE PUBLIC: None received to date. Page 5 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-30-0Z drf.doc STAFF ANALYSIS PROVIDED WITIDN 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: . Section 8-2A- 7(K)(2)(a-d) a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3: 1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. . Section 8-2A- 7(M)(1) In all required applications one street tree, selected from the approved tree list in subsection Q of this Section, shall be planted per thirty five (35) linear feet of right-of-way frontage. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. . Section 8-4-4-2(A)(1) Any parking area which is intended to be used during nondaylight hours shall be illuminated. . Section 8-4-5 SCHEDULE OF PARKING REQUIREMENTS: COMMERCIAL: Churches and other places of religious assembly C. CONDITIONAL USE PERMIT, ANNEXATION AND REZONE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The applicant shall provide an approval letter from the Central District Health Department approving the usage of an on-site septic system prior to the issuance of a building permit. . The existing dwelling unit may be used as an accessory structure (to be called the "Annex") and shall be removed from the site upon completion of the construction of Phase II. . Design Review Board approval of a "Master Landscape Plan" for the entire church facility site is required prior to issuance of any building permits. 1 for each 5 seats . Design Review Board approval of individual buildings is required. Page 6 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-30-0Z drf.doc No signs are proposed with this application. A separate design review application is required for the approval of any signs. The applicant shall coordinate with the developer of Cavallo Estates Subdivision (north of the subject property) to provide a connection to the pathway proposed to be constructed abutting the northern boundary of the church property. A plan showing this pathway connection shall be submitted to the City for review and approval prior to the issuance of a building permit. D. DISCUSSION: . . . On April 9, 2002, the Eagle City Council reviewed and approved the annexation and rezone application for this site (A-I-02 and RZ-I-02). However, on April 9, 2002, the Eagle City Council continued the approval of the conditional use application (CU -1-02) for the church use in the R-E zone and the height exception of a fifty foot (50') high cross until the Design Review Board has been able to review the height of the cross in relation to the overall construction of the church facility. As stated in a letter from the company representing the applicant, dated April 11, 2002, the applicant has decided to not propose a cross over the thirty five foot (35') limit. A twenty five foot (25') wide landscape buffer is proposed to be constructed between the right- of-way of Park Lane and the proposed parking lot. The applicant has proposed four (4) evergreen trees and three (3) flowering trees within this two hundred and thirty (230) linear feet of frontage. Per Eagle City Code, a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage is required. For design flexibility, half of the required shade trees may be substituted on a two to one (2:1) basis with ornamental and evergreen trees. The applicant should be required to provide a revised landscape plan showing a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage. If the applicant desires half the required shade trees may be substituted on a two to one (2: 1) basis with ornamental and evergreen trees. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. A twenty foot (20') wide landscape buffer is proposed to be constructed between the right-of- way of Floating Feather Road and the proposed parking lot. The applicant has proposed four (4) evergreen trees and three (3) flowering trees with this three hundred and sixty (360) linear feet of frontage. Per Eagle City Code, a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage is required. For design flexibility, half of the required shade trees may be substituted on a two to one (2: 1) basis with ornamental and evergreen trees. The applicant should be require to provide a revised landscape plan showing a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage. If the applicant desires half the required shade trees may be substituted on a two to one (2: 1) basis with ornamental and evergreen trees. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. . . . On both Park Lane and Floating Feather Road the applicant has shown a twelve foot (12') wide gravel shoulder between the landscaping and the edge of pavement. In past action by the Eagle City Council, the landscape buffer was required to be extended to within nine feet (9') from the edge of pavement. The nine feet (9') between the landscaping and edge of pavement along the entire frontage of this site should be graveled as approved by the ACHD. The gravel shoulder area should be maintained and kept free of weeds and debris. A picture of a shoebox light fixture not to exceed 20- feet in height has been submitted with this application. However, the type of luminaries and wattage of the fixtures has not been specified. The applicant should be required to provide a site and parking lot light plan showing location, height, and wattage. The site and parking lot lighting plan should be reviewed and approved by . Page 7 of 14 K\Planning DeptlEagle Application,\Dr\200Z\DR-30-0Z drf.doc . the Zoning Administrator prior to issuance of any building permits. The applicant has indicated that five hundred (500) seats will be constructed with phase one and two of this church facility, therefore, one hundred (100) parking spaces are required. With the completion of phase three an additional nine hundred (900) seats are proposed to be constructed, therefore, an additional one hundred and eighty (180) parking spaces are required. A total of two hundred and eighty (280) parking spaces are required to be constructed by the completion of phase three of this church facility. The applicant shows one hundred and twenty seven (127) parking spaces are to be constructed by the completion of phase two of this church facility an additional sixty five (65) parking spaces are to be constructed by the completion of phase three. The applicant should be aware that an additional eighty eight (88) parking spaces will be required with the completion of phase three (based on a 10,200-square foot church addition with nine hundred (900) seats). The existing dwelling unit may be used as an accessory structure (to be called the "Annex") and should be removed from the site no later than April 23, 2007 (per the approval of the rezone for the site). . . The applicant has submitted a landscape plan that shows the landscape improvements abutting phases one and two of the proposed church facility. However, the applicant has not indicated any landscape improvements for the remaining two hundred and forty (240) linear feet on Floating Feather between the east property line and the "Future Main Entrance". No landscape improvements have been indicated on the north property line between the future sanctuary (phase three). A "Master Landscape Plan" for the entire church facility site is required to be reviewed and approved by the Design Review Board prior to issuance of any building permits. The applicant should be required to provide a revise landscape plan showing a "Master Landscape Plan" for the entire church facility site. The revised landscape plan should be reviewed and approved by the Design Review Board prior to issuance of a building permit. The applicant is proposing to locate the air handlers in the attic of the proposed buildings and the condenser units are proposed to be ground mounted units located on the north side of the buildings. The ground mounted mechanical units are proposed to be screened with landscaping. The applicant should be required to provide detailed elevations showing the overall height of the ground mounted units located on the north side of the buildings in relation to the landscaping. The elevations should show that the mechanical units are completely screened from view with landscaping. The detailed elevations should be reviewed and approved by staff prior to issuance of a building permit. Staff defers comment regarding building design and colors to the Design Review Board. . . STAFF RECOMMENDATION PROVIDED WITIDN 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 May 16, 2002, at which time testimony was taken and the public hearing was closed. The Board continued the application to the July 11, 2002, Design Review Board meeting. 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. Page 8 of 14 K:\Planning DeptlEagle ApplicationsIDr\200Z\DR-30-0Z drf.doc 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 5 to 0 (Christensen absent) to approve DR-30-02 for a design review application to construct the Eagle Family Worship Church facility 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. Provide a revised landscape plan showing a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage abuttinl: Park Lane. Half the required shade trees may be substituted on a two to one (2:1) basis with ornamental and evergreen trees. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. 2. Provide a revised landscape plan showing a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage abuttinl: Floatin~ Feather Road. Half the required shade trees may be substituted on a two to one (2:1) basis with ornamental and evergreen trees. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. 3. Provide a revised landscape plan showinl: the landsca¡>e buffer extended to within nine feet (9') of the ed~e of pavement alon~ the entire fronta~e of the site alon~ Park Lane and Floatin~ Feather Road (includinl: phase 2 and 3). The revised landscape plan shall show the nine feet (9') between the landscaping and edge of pavement along the entire frontage of this site shall be graveled as approved by the ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. 4. Provide a building, site, and parking lot light plan showing location, height, and wattage. The building, site, and parking lot lighting plan shall be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. 5. A total of one hundred (100) parkinl: spaces are reQJlired with the completion of phase 1 and 2 of this church facility. The applicant shall provide a master floor plan of the church facility showinl: total sq:uare foota~e of the entire buildinl: at full build-out and how each portion of the buildinl: is to be used. prior to submittinl: for a buildin~ permit for phase 3. Upon review of the master floor plan. the total parkinl: spaces required with the com,pletion of phase 3 of this church facility shall be evaluated to ensure that one use (i.e.: office. classroom, sanctuary) does not com,pete with other uses. Aft aààitioflal eighty eight (gg) parking spaees shall ee re~ired with the eompletioH of phase tl1ree (Ðased OR a 1O,2GO s~are feet elæreh addition with HiRe hw:1èred (gaG) seats). 6. The existing dwelling unit may be used as an accessory structure (to be called the "Annex") and shall be removed from the site no later than April 23, 2007 (per the approval ofthe rezone for this site). +-. Previde a revise laHdseape plan sßowiHg a "Master Laaàseape PlaR" fer the eRtire elæreh faeility site. The revised laßdseape plaR shall ee nwiewed aRd appro'led by the Desiga RevieYl Board prior to isooanee of a eældiag permit. 8. Provide detailed elevations showing the overall height of the ground mounted units located on the north side of the buildings in relation to the landscaping. The elevations shall show that the mechanical units are completely screened from view with landscaping. The detailed elevations shall be reviewed and approved by staff prior to issuance of a building permit. Page 9 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-30-0Z drf.doc 9. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 11. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 12. Provide detailed drawin~s showin~ the materials and colors of maintenance buildin~ proposed to be constructed with phase 1. The details of the maintenance buildin~ shall be reviewed and approved by staff prior to issuance of any buildin~ permits within phase 1. 13. Provide a revised landscape plan showin~ the play area (located to the east of the pro.,posed church facility within phase 1) to be ~aded. landsca.,ped with ~ass. watered with an automatic under~ound irri~ation system. The revised landscape plan shall show a meanderin~ five foot (5') wide asphalt pathway connectin~ the required concrete sidewalk within phase 2 to the five foot (5') wide concrete sidewalk prQPosed to be constructed within Cavallo Estates Subdivision on Floatin~ Feather Road. The revised landsca¡>e plan shall be reviewed and approved by staff prior to issuance of any buildin~ permits within phase 1. The play area. with all required improvements. shall be completed prior to issuance of a certificate of occupancy for the church facility in phase 1 and maintained in a healthy ~owin~ condition. These requirement are in lieu of the ten foot (10') wide landscape buffer required alon~ Floatin~ Feather Road from the ed~e of phase 1 to the east property line (Cavallo Estates Subdivision). 14. Provide a revised landscape plan and time line addressin~ the proposed landscape improvements within the courtyard area for phase 2 showin~ a balanced look with the proposed landscapin~ within the courtyard area for phase 1. The revised landscape plan shall be reviewed and approved by staff and one member of the Desi~ Review Board prior to issuance of any buildin~ permits within phase L 15. The revised buildin~ elevations, date stamped by the City on June 10.2002. are approved. However. the a¡>¡>licant shall be required to provide revised bui1din~ elevations showin~ ~eater detail with re~ard to the buildin~ materials and contrast in color. The revised buildin~ elevations shall be reviewed and allproved by the Desi~ Review Board prior to issuance of any buildin~ permits within phase 1. 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 Page 10 of 14 K:\Planning DeptlEagle Applications\Dr\200Z\DR-30-0Z drf.doc to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an 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. Page 11 of 14 K:\Planning DeptlEagle Applications\Dr\200Z\DR-30-0Z drf.doc 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 area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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 Page 12 of 14 K:\Planning DeptlEagle Application,\Dr\200Z\DR-30-0Z drf.doc required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 22. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved priQr to construction! installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 23. Any change by the applicant in the planned use ofthe 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). 25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 26. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on April 11, 2002. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on April 24, 2002. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Eagle City Code on April 19, 2002. Requests for agencies' reviews were transmitted on April 19, 2002 in accordance with the requirements of the Eagle City Code. 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-30-02) with regard to the Eagle City Code Title 8, Chapter 2, Article A. DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 4. The Board recognizes per Eagle City Code, the applicant is required to provide a ten foot (10') wide landscape buffer with a five foot (5') wide concrete sidewalk along the entire road frontage of Floating Feather Road. In lieu of the ten foot (10') wide landscape buffer along Floating Feather Road (from the entrance on Floating Feather Road to the east property line) the Board has required the applicant to provide a five foot (5') wide meandering asphalt pathway and a useable play area to the east of the proposed church facility to be graded, landscaped with grass, watered with an automatic underground irrigation system and maintained. 5. The Board accepts the phasing of this development. However, the landscape plan indicates the same plant material is proposed to be planted on the west side of the main sidewalk to the entry as is Page 13 of 14 K:\Planning DeptlEagle Applications\Dr\2002\DR-30-02 drf.doc proposed to be planted on the east side of the main sidewalk to the entry. The Board has indicated that the similar look that the applicant is proposing on the landscape plan will not be achieved due to the plant material being planted at different times. The Board has required a revised landscape plan and time line addressing the proposed plant material to provide a balanced look within the courtyard regarding the plant growth. DATED this 8th day of August 2002. James G. Murray, Chairman ATTEST: jR Ú 4-- P ~;m $&-L- ""'Sharon K. Moore, Eagle City Cle k Page 14 of 14 K:\Planning DeptlEagle Application,\Dr\2002\DR-30-02 drf.doc