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Findings - DR - 2002 - DR-48-02 - Construct Addition Create Plaza Area With Deck And Change Use Of Part Of Building To Include Coffee Bar BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN) REVIEW TO CONSTRUCT AN ADDITION, CREATE) A PLAZA AREA WITH THE CONSTRUCTION OF A ) DECK, AND TO CHANGE THE USE OF A PORTION) OF THE BUILDING TO INCLUDE A COFFEE BAR ) (WITHIN THE OLD BAPTIST CHURCH FACILITY) ) FOR JEREMIAH PROPERTIES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-48-02 The above-entitled design review application came before the Eagle Design Review Board for their action on October 10, 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: Jeremiah Properties, represented by Bruce Poe with Cole Associates Architects, is requesting design review approval to construct a 3,412-square foot addition to the existing building, to create a plaza area with the construction of a deck, and to change the use of a portion of the building to include a coffee bar (within the Old Baptist Church facility). The site is located at the northwest corner of Eagle Road and Aikens Road at 93 South Eagle Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 5, 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 September 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 September 20, 2002. Requests for agencies' reviews were transmitted on September 20,2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: V AC-03-02 (vacation of public alley right-of-way north of site) Page 1 of 16 KIPlanning DeptlEagle ApplicationsIDrI2002IDR-48-02 drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business District CBD (Central Business Church facility District Proposed No Change CBD (Central Business Church facility and coffee District bar for assembly related functions North of site Central Business District CBD (Central Business Vacant service station District South of site Central Business District R-4 (Residential) Single family residence East of site Central Business District CBD (Central Business Single family residences District West of site Central Business District CBD (Central Business Vacant gravel lot District G. DESIGN REVIEW OVERLAY DISTRICT: This site is within the DDA (Downtown Development Area). H. EXISTING SITE CHARACTERISTICS: There is an existing 4,9l4-square foot building on this site with a paved parking area located on the south side of the building. Nine trees exist on this site (see attached arborist report from Linda Jarsky date stamped by the City on July 23, 2002). Page 2 of 16 K:IPlanning DeptlEagle ApplicationsIDrI2002IDR-48-02 drfdoc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.46-acres (20,380-square feet) O.Ol-acres (500-square feet) (minimum) Percentage of Site Devoted to 20% (approximately) 40% (minimum) Building Coverage 92% (maximum) Percentage of Site Devoted to 33% (approximately) 10% (minimum) Landscaping Number of Parking Spaces l8-parking spaces l8-parking spaces (minimum) Front Setback 33-feet (east) O-feet 10-feet (maximum) Rear Setback 46 Y2-feet (west) O-feet (minimum) Side Setback 44 Yz-feet (south) O-feet Side Setback O-feet (north) O-feet J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One existing building to be used as a church facility. Height and Number of Stories of Proposed Buildings: Existing spire = 46- feet Existing building = 33-feet, two stories Proposed building = 33-feet, two stories Gross Floor Area of Proposed Buildings: Existing = 4,9l4-square feet Proposed = 4,4l2-square feet Total = 9,326-square feet On and Off-Site Circulation: A 5,950-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 east side of this site approximately 21- feet north of the northwest corner of the intersection of Eagle Road and Aikens Road providing access to Eagle Road. One 21 Yz-foot wide driveway is proposed to be located on the west side of this site approximately 5-feet east of the west property line providing access to Aikens Road. K. BUILDING DESIGN FEATURES: Roof: Asphalt shingles (Gray) (to match existing) Walls: Lap siding (White) (to match existing) Windows/Doors: Solid Core Wood Doors (White) Vinyl Windows Fascia/Trim: Wood Trim (White) Page 3 of 16 K:IPlanning DeptlEagle ApplicationsIDr\2002IDR-48-02 drfdoc L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The arborist report from Linda Jarsky date stamped by the City on July 23, 2002, indicates that there are nine (9) existing trees on this site (one (1) catalpa, one (1) norway maple, two (2) walnut, three (3) siberian elm, one (1) red maple, one (1) black locust). The site and landscape plans indicate that there are only five (5) existing trees on this site. The applicant is proposing to retain the five (5) trees shown on the site and landscape plans. Tree Replacement Calculations: The site and landscape plans do not indicate that the three (3) siberian elm trees or the black locust tree located on or near the north property line are to be retained. If these four (4) trees are removed from this site the applicant would be required to replace forty one (41) inches of tree caliper on this site per Eagle City Code. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: There is an existing S-inch red maple tree located within the five foot (S') wide landscape strip abutting Eagle Road. The applicant is proposing to install three (3) Bowhall maple trees within the five foot (S') wide landscape strip abutting Eagle Road just to the north of the red maple tree. Two (2) Deborah maple trees are proposed to be planted within tree wells with City of Eagle street tree grates on Aikens Road between the existing catalpa and norway maple trees. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed on the west and east sides of the parking lot. Landscaping is proposed on the south side of the parking lot, however this landscaping does not meet the minimum landscaping required by Eagle City Code. b. Interior Landscaping: 5% interior landscaping is required. 8% is proposed. M. TRASH ENCLOSURES: One 55-square foot trash enclosure is proposed to be located along the west side of the site approximately 16-feet north of the driveway on Aikens Road. The enclosure is proposed to be constructed of split face CMU. The gates are to be constructed of cedar on metal frames. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with a six and one half foot (6 Y2') high screen wall located near the southwest corner of the building. The applicant is proposing to construct the screen wall to match the materials used on exterior of the existing church facility. The existing ground mounted mechanical units located on the west side of the building are proposed to be removed with the new building addition on the west elevation. Page 4 of 16 K:\Planning Dept\Eagle ApplicationsIDrI2002IDR-48-02 drfdoc O. OUTDOOR LIGHTING: The applicant has submitted several different types of light fixtures that are proposed to be installed to accent the building (see attached justification letter from Bruce Poe for noted locations). The proposed light fixtures use different types ofluminaries (i.e.: incandescent, metal halide, halogen). A site plan showing location, height, wattage, and light distribution has not been submitted. No parking lot light fixtures have been submitted with this application. 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: A preliminary approval letter from Eagle Fire Department has 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 - yes - see arborist report Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Eagle Fire Department W. LETTERS FROM THE PUBLIC: Letter from Linda Jarsky (certified arborist) dated July 23,2002. Page 5 of 16 K:\Planning DeptlEagle ApplicationsIDrI2002IDR-48-02 drf.doc 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 designates this site as Central Business District. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-3: EFFECT OF OTHER PROVISIONS: If any provision of this chapter is found to be in conflict with any other provision of any zoning, building, fire safety or health ordinance or other provision of this code, the provision which establishes the higher and/or more restrictive design standard shall prevail. However, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts, the city council may, at their discretion, suspend or relax some or all requirements found in this code, if the city council determines a particular site, setting, or use to be of historical significance. . Section 8-2A-6(A)(S)(a) Electrical and telephone service systems shall be installed underground. . Section 8-2A-6(A)(S)(b) The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); . Section 8-2A-6(A)(6)(g)(3) Roof mounted mechanicals, all vents protruding through the roof, and similar features shall be painted so as to match the color of the roof. . Section 8- 2A -6(B )(2)( f) Facade: All buildings shall include a "store-front" on the ground floor consisting of a minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five percent (25%) glass. The front of any building is the facade that fronts upon any street. . Section 8-2A-6(B)(2)(h) Building Entries: Building entries facing a street shall be recessed a minimum of four feet (4'). Exceptions may be permitted if another building entry design feature can meet the intent of this requirement and is approved by the design review committee and the planning and . . . zomng commISSIOn. . Section 8-2A-6(B)(3)(a) Front building setbacks from the property line shall be a minimum of zero feet (0') to a maximum often feet (10') or fifteen feet (1S') at the comers. . Section 8-2A-6(B)(3)(b) Page 6 of 16 KIPlanning DeptlEagle ApplicationslDr\2002IDR-48-02 drfdoc Side building setbacks shall be zero feet (0') so as to tie into adjoining structures. . Section 8-2A-6(B)(3)(f) Lot coverage by the footprint of the structure shall be a minimum of forty percent (40%) and a maximum of ninety five percent (9S%) in which case off site parking shall be provided for. The lot coverage requirement may be waived if development of the lot as a parking lot is reviewed by the design review committee and is approved by the planning and zoning commISSIon. . Section 8-2A- 7(C)(l) Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree 1 inch to 6 inches caliper 6 1/4 inches to 12 inches 12 1/4 inches or more Replacement 2x caliper of tree removed 1.5x caliper of tree removed Ix caliper of tree removed . Section 8-2A- 7(C)(2) Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C 1 of this section. . Section 8-2A- 7(1)(2)( c) . To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (S') wide by six foot (6') high landscaped buffer is required. 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 (3S) 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 (S) shrubs per thirty five (3S) 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 (3S) 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 8-4-4-2(A)(1) Page 7 of 16 K:lPlanning DeptlEagle ApplicationsIDr\2002IDR-48-02 drfdoc All parking areas shall be illuminated in accordance with the provisions of this chapter. C. DISCUSSION: . The church was originally constructed in 1896 on Edgewood Lane. In the fall of 1906 the church facility was moved to its present location on Eagle Road on land donated by Tom Aiken. This building is considered a historic landmark within the City of Eagle. It is the applicant's intent to preserve the historical character of the original church. The applicant is proposing to remove two older building additions that do not fit with the architecture of the original building; the kitchen on the west elevation and the entry vestibule on the east elevation. Two new additions are planned; one on the north elevation and one on the west elevation. These two building additions will match the existing design, materials, and colors of the original building. The applicant should be required to obtain approval from the Eagle Historical Commission. The entire east building elevation (existing and proposed) has approximately twenty percent (20%) glass. The south building elevation has approximately thirteen percent (13%) glass. Eagle City Code requires all buildings within the DDA (Downtown Development Area) to include a "store-front" on the ground floor consisting of a minimum of fifty percent (50%) glass. The existing building is located thirty three feet (33') from the east (front) property line and forty four and one half feet (44 Yz') from the south side property line. Eagle City Code requires buildings in the downtown development area (DDA) to have front building elevations setback from the property line a minimum of zero feet (0') to a maximum of ten feet (10') and side building setbacks from the property line to be zero feet (0') so as to tie into adjoining structures. The footprint of the existing building and proposed building additions covers approximately twenty percent (20%) of the lot. Eagle City Code requires buildings in the downtown development area (DDA) to have a minimum lot coverage of forty percent (40%) and a maximum of ninety five percent (95%) by the footprint of the structure. Per Eagle City Code, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay district, the City Council may, at their discretion, suspend or relax some or all requirements found in this code, if the City Council determines a particular site, setting, or use to be of historical significance. The location of this building is nestled in an area that maybe considered unique due to its location in the downtown and its close proximity to Orville Jackson's, located less than two hundred feet (200') to the northeast. Previous City Council action has determined, on similar applications, that the Design Review Ordinance regarding setbacks, lot coverage, and glazing was to apply to new structures and additions, and that it was not the intent of the City to require existing historic structures to be rebuilt to meet the setback and lot coverage requirements. Pursuant to past action of the City Council, setbacks, lot coverage, and glazing for existing structures have been waived in order to maintain the distinctive look of the downtown of Eagle. The Design Review Board should determine whether the setbacks, lot coverage, and glazing as required by Eagle City Code should be complied with the renovation of this structure or if they should be waived to accommodate the existing historic structure. . . The existing spire on the east side of the building is forty six feet (46') in height. Eagle City Code requires all spires to be limited to a maximum of thirty five feet (35') in height. Additional height may be permitted if a conditional use permit is approved by the City Council. Per Eagle City Code, in order to foster rehabilitation of old districts and comply with unforeseen future needs of the overlay districts, the City Council may, at their discretion, suspend or relax some or all requirements found in this code, if the City Council determines a particular site, setting, or use to be of historical significance. As previously mentioned in the discussion regarding Page 8 of 16 K:\Planning DeptlEagle ApplicationslDr\2002IDR-48-02 drfdoc . setbacks, lot coverage, and glazing it may be considered that because this building is of historic significance and since the spire is an existing feature on the building, a height exception may be considered without requiring the applicant to obtain a conditional use permit for the height exception. Currently, on the east elevation of the church facility there is an entry vestibule with a covered entry. The applicant is proposing to remove the vestibule and covered entry from the east elevation since it is the applicant's opinion that this entry vestibule and covered entry do not fit with the character and architecture of the original building. By removing this vestibule and covered entry the building will not meet Eagle City Code, which requires building entries facing a street to be recessed a minimum offour feet (4'). The applicant should be required to provide a revised building elevation showing a four foot (4') recessed entry into the building on the east building elevation. The revised building elevation should be reviewed and approved by staff and one member of the Design Review Board prior to submitting for a building permit. Eighteen (18) parking spaces have been proposed with this application. This calculation is based on eighty seven (87) seats in the assembly area. The parking calculations used were based on an assembly use as described in Eagle City Code, which requires one parking space per five (S) seats. The office and coffee barlkitchen facilities are auxiliary to the main use of assembly. If the use of this site were to intensify into a retail use, additional parking requirements would be required on this site. Retail sales of goods and services (e.g. coffee) and any restaurant use is prohibited. There are nine (9) existing trees on this site (one (1) catalpa, one (1) norway maple, two (2) walnut, three (3) siberian elm, one (1) red maple, one (1) black locust). The site and landscape plans indicate that there are only five (S) existing trees on this site. The applicant is proposing to retain the five (S) trees shown on the site and landscape plans. Per the arborist report by Linda Jarsky date stamped by the City on July 23, 2002, eight (8) of the trees should be retained and pruned and one (the black locust tree) should be removed because it is diseased. The applicant should be required to retain and protect the eight (8) existing trees during construction of the building additions and street improvements. . . . The applicant is proposing to vacate the public right-of-way of the alley located abutting this site's north property line. The vacation of this public alley right-of-way will not affect the traffic circulation on this site. It is the applicant's intention to purchase the full fourteen foot (14') wide right-of-way and incorporate that land into the design of this site. The site plan date stamped by the City on September 27, 2002, shows a portion of the alley right-of-way improved with the proposed deck and gazebo. As noted in the arborist report by Linda Jarsky date stamped by the City on July 23, 2002, there are several existing trees on this north property line that should be retained and pruned. If the applicant is successful in vacating the alley and purchasing the entire alley width, the applicant should be required to provide a revised landscape plan that incorporates the trees on the north property line with this development. The revised landscape plan should be reviewed and approved by the Design Review Board prior to submitting for a building permit. The trash enclosure is proposed to be located within the parking lot on the east side of the driveway providing access to Aikens Road. A landscape buffer is proposed on the northeast and southwest sides of the trash enclosure, however no landscape buffer has been proposed on the southeast side (back) of the trash enclosure. Per Eagle City Code, the applicant is required to provide a five foot (S') wide by six foot (6') high landscape buffer to screen the trash enclosure. The applicant should be required to provide a revised landscape plan showing the trash enclosure screened by a five foot (S') wide by six foot (6') high landscape buffer. The revised landscape . Page 9 of 16 K:IPlanning DeptlEagle ApplicationsIDrl2002IDR-48-02 drfdoc . plan should be reviewed and approved by staff prior to submitting for a building permit. The applicant has submitted an alternative method of compliance application requesting that the required landscape buffer between the parking lot and Aikens Road be reduced due to space limitations on this site. The Ada County Highway District is requiring an additional six feet (6') of right-of-way be dedicated from this site for Aikens Road. Per Eagle City Code, the applicant is required to provide a ten foot (10') wide minimum sidewalk abutting Aikens Road. The above mentioned street improvements greatly impact this site which reduces the amount of space the applicant has on site to provide parking improvements. The applicant has proposed planters between the back of sidewalk and the south parking spaces within the parking lot to provide a small landscape buffer. These proposed landscape planters do not meet Eagle City Code, yet do provide a small landscape buffer between the right-of-way and the parking lot. Due to the historic significance of this building, it is staffs opinion that the reduced landscape buffer between the parking lot and Aikens Road should be approved. The applicant has submitted several different types of light fixtures that are proposed to be installed to accent the building. The proposed light fixtures use different types of luminaries (i.e.: incandescent, metal halide, halogen). No parking lot light fixtures have been submitted with this application. A site plan showing location, height, wattage, and light distribution has not been submitted. Per Eagle City Code, all parking areas are required to be illuminated in accordance with the provisions of this chapter. The applicant should be required to provide a site plan showing the location, height, wattage, and light distribution of all lighting proposed on this site including parking lot lighting. The site plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a building permit for this site. . . The applicant indicates that a future building addition is proposed on the west side of the church facility. No building elevations showing that future building addition have been submitted with this application. The applicant should be required to provide a separate design review application for any future building additions to the church facility. Staff defers comment regarding building design and colors to the Design Review Board. . STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE BOARD: A. A public hearing on the application was held before the Design Review Board on October 10, 2002, 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). D. Oral testimony neither in favor or in opposition to this proposal was presented to the Design Review Board by one individual with concerns about construction traffic during the construction of the building addition and plaza area. Page 10 of 16 K:\Planning DeptlEagle ApplicationsIDrI2002IDR-48-02 drf.doc BOARD DECISION: The Board voted 6 to 0 (Christensen absent) to approve DR-48-02 for a design review application to construct a building addition, plaza area, and to change the use of a portion of the building to include a coffee bar (within the Old Baptist 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 written approval from the Eagle Historical Commission for the proposed building additions and alterations prior to issuance of a building permit. 2. Retail sales of goods and services (e.g. coffee) and any restaurant use is prohibited 3. Proyiae a reyisea hailaiøg eleyatiøø showiøg a fear foot (4') fesessea eøtry iøtø the BailaiRg OR the east BailGiøg eleyatieR. The rl!l'liseEt BailaiRg elevatiøR sàall Be reyiewea aREt afJfJroyed by staff aød eRe memBer øftJie Desiga Review ßøaFa fJriør te sahmittiøg for a Ðailaiøg f)ermit. 4. A plan showing construction fencing around the existing trees (a minimum of 10- feet from the trunk of the tree or at the drip line of the tree whichever is closest) to prevent any damage within the drip line of the trees shall be submitted to the City. The construction fencing shall be installed prior to issuance of a building permit. A cup or a dam shall be built within the drip line of each tree in order to retain water and the trees shall be watered on a regular basis. No construction activity whatsoever shall take place within the drip line of the trees. 5. If the public alley right-of-way is vacated, provide a revised landscape plan that incorporates the trees on the north property line with this development. The revised landscape plan shall be reviewed and approved by the Design Review Board prior to submitting for a building permit. 6. Provide a revised landscape plan showing additional 300% euonvmus and grasses around the trash enclosure and within the planters ofthe four (4) western parking spaces adjacent to the trash enclosure. sereeRea hy a MV!! feet (5') ,viae ~' six feot «(í') high hæ.aseape haffer. The revised landscape plan shall be reviewed and approved by staff prior to submitting for a building permit. 7. Provide a site plan showing the location, height, wattage, and light distribution of all lighting proposed on this site including parking lot lighting. The site plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a building permit for this site. 8. All electrical and telephone service lines associated with providing utility service directlv to this building shall be installed underground. The utility poles and overhead power (that are not transmission lines belonging to the utility company) and phone lines shall be removed and installed underground prior to issuance of a certificate of occupancy for this building. 9. All roof vents protruding through the roof and similar features shall be painted to match the color of the roof. 10. Provide a revised landscape plan showing the ditch that is parallel to the alley is tiled and landscaped with sod. The revised landscape plan shall be reviewed and approved by staff prior to issuance of a building permit. The applicant shall be required to work with the appropriate ditch company to acquire the necessary permits to complete the tiling of this ditch or provide documentation that this ditch is no longer a functioning irrigation source. 11. Comply with any applicable conditions of V AC-03-02. Page 11 of 16 K:\Planning Dept\Eagle ApplicationslDr\2002IDR-48-02 drf.doc 12. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 13. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 14. Submit payment to the City for arborist fees incurred for reviewing this project prior to issuance of a building permit. 15. Provide a separate design review application for any future building additions to the church facility. 16. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 17. Provide a revised buildin~ elevation showing the east elevation (Eagle Road) of the church facility with additional glass. (It is not the intent to require 50% glass on the east elevation but to maintain the historic character of the church facility and merely introduce more jilass to the church facility.) The revised building elevation shall be reviewed and approved by the Desi¡p1 Review Board prior to the City accepting a building permit for this site. 18. If the vacation of the alley is approved. provide a revised landscape plan showin~ the addition of trees in the proposed deck area on the north side of this project. The revised landscape plan shall be reviewed and approved by the Desi¡p1 Review Board prior to the City accepting a buildin¡: permit for this site. 19. If the four existin¡: trees located within the alley ri¡:ht-of-way are removed from this site. the applicant shall be required to provide a revised landscape plan showin¡: thirty three inches (33") of tree replacement caliper on site. The revised landscape plan shall be reviewed and approved by staff and one member of the Desi~ Review Board prior to the City accepting a building permit for this âÌk 20. All construction activity associated with this prQject shall be maintained on site to the weatest extent possible. All accesses to the adjacent properties shall remain open and unobstructed during the construction on this site. 21. The east entrance to the church facility (main entrance on Ea~le Road) shall be restored to its original twin jiothic door desi¡p1 as shown in the picture submitted by the Historic Commission and date stamped by the City on October 10. 2002. The revised desi¡p1 shall be reviewed and ap,proved by staff and one member of the Desi¡p1 Review Board prior to the City accepting a buildin¡: permit for this site. 22. The applicant shall be required to hire a tree surgeon to remove and thin the existing tree canopies that are intended to remain prior to the issuance of a certificate of occtWancy. ST ANDARD 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 fÌ"om 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 fÌ"om 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. Page 12 of 16 KIPlanning DeptlEagle ApplicationslDr\2002IDR-48-02 drfdoc 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an 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. Page 13 of 16 K:\Planning DeptlEagle ApphcationsIDr12002IDR-48-02 drfdoc 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 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 Page 14 of 16 K:lPlanning DeptlEagle ApplicationslDr\2002IDR-48-02 drf.doc 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 modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prim: to construction! installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 23. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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 September 5, 2002. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on September 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 September 20, 2002. Requests for agencies' reviews were transmitted on September 20, 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-48-02) 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. Regarding Eagle City Code Section 8-2A-3, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay district, the City Council may, at their discretion, suspend or relax some or all requirements found in this code, if the City Council determines a particular site, setting, or use to be of historical significance. The Board has determined that this building is of historical significance to the City of Eagle and recommends a reduction of the required glass on the front (east) elevation of this building, the required lot coverage, and the required Page 15 of 16 K:\Planning DeptlEagle ApplicationsIDr\2002IDR-48-02 drf.doc setbacks. DATED this 14th day of November 2002. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Ida ATTEST: ."""""". .~..~ 01' BAO"'" / f/:"""" ~. {~~o~~O~~~ * . .. , -. -: \ ~ SEAL.;:O "..c'o ~Q..."Io: ~ ~ .p'>o, ..I?PORÞ>"'.. ..."T ~ " "'~ .".."... <'" ~ .." '#### 1'£ Of \v ~~~.." #"""'11 II""~ Page 16 of 16 K:\Planning Dept\Eagle ApplicationslDr\2002IDR-48-02 drfdoc