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Findings - DR - 2002 - DR-66-02 - Construct School Facility For North Charter School At 1355 N Park Lane BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A SCHOOL FACILITY FOR NORTH STAR CHARTER SCHOOL ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-66-02 The above-entitled design review application came before the Eagle Design Review Board for their action on November 14,2002. 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: North Star Charter School, represented by Gale Pooley, is requesting design review approval to construct a 14,400-square foot school facility. The site is located on the east side of North Park Lane approximately 350-feet north of Floating Feather Road at 1355 North Park Lane (Lot 1, Block 1, Cavallo Estates Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 10, 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 October 29,2002. 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 October 25, 2002. Requests for agencies' reviews were transmitted on October 17, 2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 12, 2002, the Eagle City Council approved a conditional use permit application for the North Star Charter School (CU-8-02). On November 27, 2001, the Eagle City Council approved a preliminary plat application for Cavallo Estates Subdivision (PP-6-0 1). E. COMPANION APPLICATIONS: None Page 1 of 13 K:\Planning DeptlEagle ApplicationsIDrI2002IDR-66-02 drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Estates (up to R-E (Residential-Estates) Cavallo Estates residential one dwelling units per subdivision two acres max.) Proposed No Change No Change Charter School Facility North of site Residential Estates (up to Rl (Residential- Ada Residential Subdivision one dwelling units per County designation) two acres max.) South of site Residential Estates (up to R-E (Residential-Estates) Proposed church facility one dwelling units per two acres max.) East of site Residential Estates (up to R-E (Residential-Estates) Cavallo Estates one dwelling units per Residential Subdivision two acres max.) West of site Residential Estates (up to RUT (Residential- Ada Park Lane & Pasture one dwelling units per County designation) two acres max.) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: The site is vacant with evidence of past agricultural uses (farming) occurring upon the parcel. Page 2 of 13 K:\Planning Dept\Eagle ApplicationsIDr\2002IDR-66-02 drfdoc 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 2 .21-acres (96,267 -square feet) 1.8-acres (78,408-square feet) (minimum) Percentage of Site Devoted to 15% (approximately) 24% (maximum) Building Coverage Percentage of Site Devoted to 70% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 19-parking spaces 18-parking spaces (minimum) Front Setback 140-feet (west) 50-feet (minimum) Rear Setback 60-feet (east) 30-feet (minimum) Side Setback 30-feet (south) 20-feet (minimum) Side Setback I 50-feet (north) 20-feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a school facility. Height and Number of Stories of Proposed Buildings: 35-feet high (top of cupola), 22 Y2-feet high (top of balustrade), one story. Gross Floor Area of Proposed Buildings: 14,400-square feet. On and Off-Site Circulation: A 13,914-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 146-feet north of the south property line providing access to Park Lane. An access drive is proposed to be located on the south property line approximately 41- feet east of the west property line providing access to the property to the south (Eagle Family Worship) which has a driveway on Park Lane. K. BUILDING DESIGN FEATURES: Roof: Metal (Red) Walls: Brick (Red), Stucco (Antique White) Windows/Doors: Metal Doors and Windows (White) Fascia/Trim: Wood, Steel and Vinyl (White) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: N/ A Page 3 of 13 K:\Planning DeptlEagle ApplicationsIDr\2002IDR-66-02 drfdoc Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing to install six (6) Autumn Purple Ash trees spaced fifty feet (50') to sixty five feet (65') on center along Park Lane. Per Eagle City Code, one shade tree per thirty five (35) linear feet of frontage is required along Park Lane. 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: 5% interior landscaping is required. 5% is proposed. M. TRASH ENCLOSURES: One 100-square foot trash enclosure is proposed to be located near the southwest corner of the school facility approximately 170- feet southeast of the driveway on Park Lane. The enclosure is proposed to be constructed of CMU walls with a stucco finish painted to match the color of the building. The gates are proposed to be constructed of solid metal painted to match the color of the building. N. MECHANICAL UNITS: The applicant is proposing to install roof-top mechanical units. A cross section showing the roof-top mechanical units in relation to the parapet wall and balustrade has been provided. The roof-top mechanical units are proposed to be screened from view by the parapet wall and the balustrade. No ground mounted mechanical units are proposed with this application and none are approved. O. OUTDOOR LIGHTING: The applicant has submitted cut sheets of the proposed light fixture to be used in the parking lot of the school facility. The cut sheets indicate that a 250-watt high pressure sodium, shoe box style light fixture is proposed to be used. The height of the light fixture has not been specified, however the applicant has indicated that the height of the light fixture will not exceed twenty feet (20') in height. 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, 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. Page 4 of 13 K:\Planning DeptlEagle Applications\Dr\2002\DR-66-02 drfdoc 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: Ada County Highway District Central District Health Department of Environmental Quality Eagle Fire Department Eagle Sewer District W. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Residential Estates. Chapter 4 - Schools, Public Services and Utilities . 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population comes the need for increased public services and the necessity to improve existing service delivery Page 5 of 13 K:IPlanning DeptlEagle ApplicationsIDr\2002IDR-66-02 drfdoc 4.3 systems. Goal a. Encourage the provision of public utilities, services, and schools. Support the enhancement of the public educational system with emphasis on promoting quality school facilities. B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: b. . Place a note on the plat which states that the 35-foot wide buffer areas abutting Floating Feather Road and Park Lane are to be located within an easement to be owned and maintained by the homeowner's association. Provide a statement in the CC&R's that one homeowners association in perpetuity shall maintain the common lots. Construct a minimum 6-foot wide asphalt pathway within the Chevron Pipeline easement as generally_depicted on the City of Eagle's 2000 Comprehensive Plan Transportation / Pathway Network Map #1 of 2. The path shall commence from Floating Feather Road northerly along the Chevron Pipeline easement (abutting the northern edge of Lot 2, Block 3) to Selvaggio Way. The path shall then follow Sella Way westerly to its western terminus to travel along the southern edge of Lots 1,2 and 3, Block 1, to Park Lane. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the required 35-foot wide buffer areas along Floating Feather Road and Park Lane abutting this site for review and approval by the Design Review Board prior to City approval of a final plat. The landscaping and berm along Floating Feather Road and Park Lane shall be installed prior to the issuance of any occupancy permits within the subdivision. Extend the landscaping within the buffer areas along Floating Feather Road, Meridian Road, and Park Lane to within 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. Provide a license agreement from ACHD approving the landscaping located within the public right-of-way abutting the western, southern, and eastern boundaries of the site prior to the City Clerk signing the final plat. . . . . C. CONDITIONAL USE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The school site shall be annexed into the Eagle Sewer District's boundaries and connected to the sewer service. Documentation showing annexation into the district shall be provided to the City prior to the issuance of any building permits for the site. The 5-foot wide concrete sidewalk and landscaped buffer area on Park Lane abutting the western property line of this site shall be designed and constructed to be compatible with the approved buffer area landscaping on Park Lane for the Eagle Family Worship site, located to the south of this subject parcel. Design Review Board approval of the landscaping is required prior to issuance of any building permits. The minimum 6-foot wide asphalt pathway along the southern property line of this parcel shall be constructed (as required with the approval of Cavallo Estates Subdivision), prior to the issuance of a Certificate of Occupancy for the school facility. . . Page 6 of 13 K:IPlanning DeptlEagle ApplicationsIDr\2002IDR-66-02 drfdoc All mechanical units proposed for the site shall be screened from view pursuant to Eagle City Code 8-2A-6 (A) (5) (b). Building elevations showing the proposed screening method shall be submitted for review and approval by the Design Review Board prior to the issuance of a building permit. The applicant should be encouraged to allow the public use of any playground equipment or ball fields that the school may provide. D. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . . . Section 8-1-2 ROOF-MOUNTED MECHANICALS: All equipment mounted above the roof plane of a building, including, but not limited to, heating and air conditioning equipment, antennas, satellite dishes, and other equipment necessary to establish a controlled interior environment. All roof-mounted mechanicals shall be screened from view. . Section 8-2A-6(A)(5)(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- 7(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. E. DISCUSSION: . A condition of approval for the Cavallo Estates Subdivision required that a thirty five foot (35') wide landscaped buffer area be installed on Park Lane abutting this site. This requirement is to protect residential subdivisions from adjacent noisy roadways and for beautification of the roadway corridor. With the approval of the conditional use permit application (CU-8-02), the Eagle City Council required that a five foot (5') wide concrete sidewalk with a landscape buffer on Park Lane abutting the western property line of this site be designed and constructed to be compatible with the approved landscape buffer area on Park Lane for the Eagle Family Worship site (located abutting the south property line of this site). The proposed landscape buffer along Park Lane for this site is similar in design and plant material reviewed and approved with the Eagle Family Worship Church facility (located abutting the south property line of this site). With the approval of the preliminary plat for Cavallo Estates Subdivision, the Eagle City Council required that the landscaping within the buffer area along Park Lane 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) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. The applicant is proposing to use roof-top mechanical units with the construction of this building. The size and location of the roof-top mechanical units has not been specified, however, a cross section showing the roof-top mechanical units in relation to the parapet wall and the balustrade has been submitted with this application (Sheet A 1.3). Per Eagle City Code, all roof- . . Page 7 of 13 K:\Planning DeptlEagle ApplicationsIDr\2002IDR-66-O2 drfdoc . top mechanical units are required to be completely screened from view through the use of a parapet wall or be enclosed within the building. It is staffs opinion that the balustrade will not completely screen the proposed roof-top mechanical units. The applicant should be required to provide details showing specific height and size of the mechanical units and provide revised building elevations showing the roof-top mechanical units are completely screened by the parapet wall. The applicant should be required to provide a roof plan showing the location of the mechanical units on the roof. The revised building elevations and roof plan should be reviewed and approved by staff prior to the City accepting a building permit for this site. The applicant has indicated on the site and landscape plans that a multi-purpose building it to be constructed in the future just north of the parking area. No plans showing the size or materials to be used in the construction ofthe future multi-purpose building have been submitted with this application. A separate design review application is required for the approval of the future multi-purpose building. The applicant has indicated on the site and landscape plans that an open play area with playground equipment is to be located north of the proposed classroom facility. The playground equipment is not proposed to be installed with the completion of the classroom facility. The applicant has not determined when the playground equipment is to be installed or if the equipment will be open to the general public to use. The applicant has proposed to use a shoebox type light fixture to illuminate the parking lot. Per Eagle City Code, the lamp and lens of these light fixtures are required to be completely screened from view from the property line. Shoebox type light fixtures have been approved within other commercial developments within the City of Eagle, however, shields have been added to most of these light fixtures to screen the lamp and lens from view. A few light manufactures have a pre- manufacture shield to screen the lamp and lens from view, however, it appears that most light manufactures do not. If the proposed shoebox type light fixture does not have a pre- manufactured shield available, then a custom made shield to screen the lamp and lens from view is required to be reviewed and approved by the City prior to installation. 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 November 14, 2002, at which time testimony was taken and the public hearing was closed. The Board made their decision at that time. R 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. Written testimony in favor of this proposal was presented to the Design Review Board by one individual that supports the learning environment and one-on-one interaction that a smaller school facility like this one will provide to the patrons. BOARD DECISION: The Board voted 6 to 0 (Barnes absent) to approve DR-66-02 for a design review application to Page 8 of 13 K:IPlanning DeptlEagle ApplicationsIDr\2002\DR-66-02 drfdoc construct a school facility for the North Star Charter school with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of PP-6-0 1 (Cavallo Estates Subdivision). 2. Comply with all applicable conditions ofCU-8-02. 3. Provide details showing specific height and size of the mechanical units and provide revised building elevations showing the roof-top mechanical units are completely screened by the parapet wall. The applicant shall be required to provide a roof plan showing the location of the mechanical units on the roof. The revised building elevations and roof plan shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 4. Provide a revised landscape plan showing the landscape buffer area along Park Lane 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) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. 5. Provide a license agreement from ACHD approving the landscaping located within the public right- of-way abutting this site prior to the City accepting a building permit for this site. 6. The school site shall be annexed into the Eagle Sewer District's boundaries and connected to the sewer service. Documentation showing annexation into the district shall be provided to the City prior to the City accepting a building permit for the site. 7. The six foot (6') wide asphalt pathway along the southern property line of this parcel shall be constructed (as required with the approval of Cavallo Estates Subdivision), prior to the issuance of a Certificate of Occupancy for the school facility. 8. Provide a cross access agreement between this site and the property to the south (Eagle Family Worship). The cross access agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded prior to the City accepting a building permit for this site. 9. All roof vents protruding through the roof (and similar features) shall be painted so as to match the color of the roof. 10. The height of the flag pole shall not exceed thirty five feet (35') in height. 11. If the proposed shoebox type light fixture does not have a pre-manufactured shield available, a custom made shield to screen the lamp and lens from view shall reviewed and approved by the City prior to installation. 12. No plans showing the specific size or materials to be used in the construction of the future multi- purpose building have been submitted with this application. A separate design review application is required for the approval of the future multi-purpose building. 13. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 14. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 15. No signs are proposed with this application. A separate design review application is required for the approval of any signs. Page 9 of 13 K:\Planning DeptlEagle Applications\Dr\2002\DR-66-02 drfdoc 16. Provide additional architectural detail on the north. south. and east elevations of the buildin~. The revised building elevations shall show ip"eater depth in the monolithic plane. identify any roof drainage conduits. and any building wallli~ht fixtures. The revised buildin~ elevations shall be reviewed and approved by the Design Review Board prior to the City accepting a buildin~ permit for this site. 17. Provide a revised landscape plan showing the addition of plant material around the perimeter of the building to provide additional relief to the continuous pavin~ around the building. Consider using undulatinll berms within the play areas to provide Ilfeater interest to a flat site. The revised landscape plan shall be reviewed and ap¡>roved by the Design Review Board prior to the City accepting a building permit for this site. 18. Provide detailed information showinll the internally illuminated clock over the main entry to the school facility will not contribute any errant light outside of the property line of this site. The detailed information shall be reviewed and approved by staff prior to the City accepting a buildin~ permit for this site. STANDARD CONDITIONS OF APPROVAL: I. 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 Page 10 of 13 K\Planning DeptlEagle Applications\Dr\2002\DR-66-02 drfdoc 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. II. 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 Page 11 of13 K:\Planning DeptlEagle ApplicationsIDr\2002\DR-66-02 drfdoc 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 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 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). Page 12 of 13 K:\Planning DeptlEagle ApplicationsIDrI2002IDR-66-02 drfdoc 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 October 10,2002. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on October 29, 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 October 25, 2002. Requests for agencies' reviews were transmitted on October 17, 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-66-02) 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. DATED this 12th day of December 2002. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada C unty, Id ATTEST: """""""'. .' eAGr .'. ,., ~ ~ ~ i'. ~~ ~".~ 0 .."..... ~ ~'" :; -.. , ..-~ i t..,j' ~O\tA7'~... ... \ :Ù'~ .?, :.0 -- , .. . i'. --". . ....,. 1.."'. . : \ ~v~: 0 E \ '" "'A. 'J ~ kCJl :r: I ;e . 'V: ...'" '. - .. ~ ...C'ORPO~f'".. L"I"o :; ,~ J' ........ ,\v...." ~'#, 1'-1 TE O~ ,...." """11"""" ~ ~ ~ , gq C9-ð+-L- \-Sharon~K. Moore, agle City Clerk - Page 13 of 13 K:\Planning Dept\Eagle ApplicationsIDr\2002IDR-66-02 drf doc