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Findings - DR - 2003 - DR-44-02 - Multi-Phased Project/New Construction & Remodeling/350 E State Street BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW FOR A MUTLI PHASED PROJECT) FOR THE EAGLE FIRST BAPTIST CHURCH ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-44-02 The above-entitled design review application came before the Eagle Design Review Board for their action on October 9, 2003. 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: The Eagle First Baptist Church, represented by Randy Haverfield with Architects Northwest, is requesting design review approval of a multi phased project to include constructing a 7,650-square foot church facility, remodeling the existing 2,400-square foot shop building with a 450-square foot building addition, and relocating and changing the use of the existing 1,986-square foot residential dwelling into an office and classroom facility. The site is located on the north side of East State Street approximately 300-feet east of 2nd Street at 350 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the original application for this item on July 2, 2002. On July 8, 2003 a second application was submitted to the City showing the site, landscaping, and building in better compliance with Eagle City Code. C. NOTICE OF MEETING: Requests for agencies' reviews were transmitted on July 18, 2003, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 13, 2003, the Eagle Design Review Board remanded this application to staff to provide the applicant with adequate time to provide revised documentation showing the site, landscaping, and building in compliance with Eagle City Codes. E. COMPANION APPLICATIONS: None Page 1 of 15 K:\Planning DeptlEagle Applications\DrI2002\DR-44-02 dtf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Central Business District CBD (Central Business Residential and Shop District) Proposed No Change No Change Church. office, and classroom facilities North of site Residential Four (up to R-4 (Residential) Residential four units per acre) South of site Central Business District CBD (Central Business State Street/ NAPA Auto District) Parts and Crawford's Auto Repair East of site Central Business District CBD (Central Business Proposed Heritage Square District) Multi-tenant office/retail buildings West of site Central Business District CBD (Central Business Eagle City Hall and District) Community Center G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA (Transitional Development Area). H. EXISTING SITE CHARACTERISTICS: There is an existing 2,400-square foot shop building that is to be converted into a church facility. There is an existing 1,986-square foot residential home that is to be converted into an office and classroom facility. A complete arborist report has been completed for this site which indicates that there are twenty two (22) existing trees on this site. Page 2 of 15 K:\PIanning DeptlEagle ApplicacionslDrl2002\DR-44-02 dtf.doc I. SITE DESIGN INFORMATION PARCEL A: Site Data Proposed Required Total Acreage of 2.94-acres (128,066-square feet - Entire Site) O.OI-acres (500-square feet) Site Parcel A (minimum) 0.73-acres (31,760-sQuare feet) Percentage of Site Parcel A 20% (minimum) Devoted to Building 6% (Phase I Relocated building) 85% (maximum) Coverage 15% (phase II Relocated building with build in!! addition) Percentage of Site Parcel A 10% (minimum) Devoted to 83% (approximately - Phase 1 Landscaping 40% (approximately - Phase II) Number of Parking Parcel A Parcel A Spaces 8-parking space (Phase I) 8-parking spaces 41-parking spaces (Phase II) (minimum - Phase I) 19-parking spaces (minimum - Phase II) Front Setback Parcel A (south) 20-feet (Phase I) lO-feet (minimum) 20-feet (Phase II) 25-feet (maximum) Rear Setback Parcel A (north) O-feet 19-feet (Phase I & II) Side Setback Parcel A (east) O-feet (minimum) 160-feet (Phase I & II) lO-feet (maximum) Side Setback Parcel A (west) O-feet (minimum) 25-feet (Phase I) 10-feet (maximum) lO-feet (Phase II) Page 3 of 15 K:\Planning DeptlEagle ApplicationslDrl2002\DR-44-02 drf.doc J. SITE DESIGN INFORMATION PARCEL C: Site Data Proposed Required Total Acreage of 2.94-acres (128,066-square feet - Entire Site) O.OI-acres (500-square feet) Site Parcel C (minimum) 1.93-acres (84,161-square feet) Percentage of Site Parcel C 20% (minimum) Devoted to Building 13% (Phase I of the church facility, addition and 85% (maximum) Coverage remodeled shop) 26% (Phase II of the church facility) Percentage of Site Parcel C 10% (minimum) Devoted to 60% (approximately - Phase I) Landscaping 47% (approximately - Phase II) Number of Parking Parcel C Parcel C Spaces 62-parking spaces (Phase I & II) 68-parking spaces (minimum - Phase I & II) Front Setback Parcel C (south) lO-feet (minimum) 25-feet 25-feet (maximum) Rear Setback Parcel C (north) O-feet IS-feet Side Setback Parcel C (east) O-feet (minimum) 20-feet lO-feet (maximum) Side Setback Parcel C (west) O-feet (minimum) 147-feet (Phase I) lO-feet (maximum) 141-feet (Phase II) Note: The setbacks are measured from the property line to the closest building. K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Three buildings; church facility, auxiliary church facility (remodeled shop), and office/classroom facility. Height and Number of Stories of Proposed Buildings: Church facility = 27-feet to top of church facility roof, 35-feet to top of cross; one story. Auxiliary church facility = 20-feet; one story. Gross Floor Area of Proposed Buildings: Church facility: Phase I = 7,650-square feet Phase II = 11, ISO-square feet Auxiliary church facility: 2,850-square feet Office/classroom facility: Phase I = 1,986-square feet Phase II = 2,648-square feet On and Off-Site Circulation: A 22,890-square foot (approx.) paved parking lot will provide parking for vehicles using this site. Page 4 of 15 K:\Planning DepclEagle ApplicationslDrl2002\DR-44-02 dtf.doc One 30-foot wide driveway will be located on the south side of Parcel C approximately 64-feet east of the west property line providing access to State Street. Two 25-foot wide driveways will be located on the north property line of Parcel C approximately 54-feet and 119-feet east of the west property line providing access to the future road extension of Idaho Street. One 24-foot wide driveway will be located on the south property line of Parcel A approximately 119-feet east of the west property line providing access to the future road extension of Idaho Street. L. BUILDING DESIGN FEATURES: Roof: Asphalt Composition Shingles (Dark Gray) Walls: Hardboard lap siding and E.I.F.S (Light Gray) Windows/Doors: White vinyl extruded with tinted glazing FascialTrim: White pre-finished metal fascia, trim and soffit M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are twenty two (22) existing trees. The landscape plan indicates that seven (7) of the existing trees on this site will be retained and fifteen (15) of the existing trees on this site will be removed. Tree Replacement Calculations: The applicant will remove fifteen (15) of the twenty two (22) trees from this site. Per Eagle City Code, the applicant is required to replace one hundred and seventy six (176) inches of tree caliper on site or provide a monetary value to the Tree Fund. Proposed Tree Mix (Species & Number): Reviewed and approved by the Design Review Board Street Trees: The applicant will install five (5) Redspire pear trees spaced 25-feet to 35-feet meandering on the north and south sides of the meandering sidewalk on State Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping will be installed around the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required. 11 % will be installed. N. TRASH ENCLOSURES: One 100-square foot trash enclosure will be located near the west property line of Parcel C approximately 200-feet north of State Street. The enclosure will be constructed of split face CMU painted to match the building and solid metal gates painted to match the color of the building. O. MECHANICAL UNITS: The applicant will install mechanical units that will be placed inside the building. No ground mounted or roof mounted mechanical units are approved with this application. P. OUTDOOR LIGHTING: The applicant will install three (3) historic light fixtures to illuminate the parking lot and three (3) historic light fixtures along State Street. Page 5 of 15 K:\Planning DepclEagle Applicacions\Drl2002\DR-44-02 dtf.doc Q. SIGNAGE: No signs are permitted with this application. A separate design review application is required for the approval of any signs. R. PUBLIC SERVICES A V AILABLE: 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. S. PUBLIC USES PROPOSED: None T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists U. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain-no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - yes Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Division of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power Company Ringert Clark Chartered Lawyers (Drainage District No.2) X. LETTERS FROM THE PUBLIC: Letter from Linda Jarsky (certified arborist) dated July 22, 2002. Page 6 of 15 K:\Planning DeptlEagle ApplicationslDrl2002\DR-44-02 dtf.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. Chapter 8 - Transportation 8.6 Implementation Strategies" . e. Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in accordance with the City of Eagle Transportation/Pathway Network Maps #1 and #2, adopted local and regional pathway plans, as may be needed for intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. r. Encourage planning of local roadway systems which will provide for intra- neighborhood connectivity, The connecting roadways should be designed to not become collectors and to discourage traffic from cutting through neighborhoods to go from a collector or arterial to another collector or arterial. Such intra-neighborhood connectivity is for emergency and delivery vehicles and for local intra-neighborhood access. . The TransportationlPathway Network Map # 2 of 2 shows the extension of a proposed road right- of-way through this site connecting Idaho Street to Stierman Way, B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-6(C)(3)(b) Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten feet (10') maximum where ties to adjoining structures are not desirable. . Section 8-2A-6(C)(3)(d) Front, side and rear setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. . Section 8-2A-6(C)(3)(f) Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%) and a maximum of eighty five percent (85%) in which case off-site parking shall be provided for. . Section 8-2A-6(C)(6)(c) Vehicular And Pedestrian Use: Extensions of Idaho Street and 1st Street for vehicular and pedestrian use should be considered. . Section 8-2A-7(C)(I) 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: Page 7 of 15 K:\Planning DeptlEagle ApplicationslDrl2002\DR-44-02 dtf.doc Existing Tree 1 inch to 6 inches cal. 61/4 inches to 12 inches 121/4 inches or more Replacement 2x cal. of tree removed 1.5x cal. of tree removed Ix cal. 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 Cl of this Section. . Section 8-2A- 7(J)(2)(a) When a commercial or industrial use abuts a residential use, a ten foot (10) wide by six foot (6) high landscaped buffer is required. . Section 8-3-3(D) Side And Rear Yards For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40) to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the council is provided. Such screening shall be a masonry or solid fence between four (4) and eight feet (8) in height, maintained in good condition and free of all advertising or other signs, Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20) in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4) in height at the time of planting. C. DISCUSSION: . This site is located at the eastern terminus of Idaho Street and to the west of the three multi-tenant commercial/office/retail buildings proposed on the property to the east of this site. The Transportation/Pathway Network Map # 2 of 2 shows the extension of a proposed road right-of- way through this site connecting Idaho Street to Stierman Way. The applicant has designed this site with the expectation that Idaho Street will be constructed from the current terminus (at this site's west property line) through this site, and the proposed development to the east, and continuing on to Stierman Way. The alignment ofIdaho Street extension through this site would divide this property into three separate parcels, upon the dedication of right of way, two buildable parcels and one parcel to be dedicated for the Idaho Street right of way extension. For the purpose of this staff report, staff has calculated lot coverage, set backs, parking requirements, and landscaping for the two buildable parcels separately (labeled as Parcel A and Parcel C), The applicant has agreed to donate the land shown on the attached plan (Parcel B), date stamped by the City on July 8, 2003, for the future extension of Idaho Street, consisting of a 42-foot wide strip on this site. Documentation necessary for the transfer of ownership of this segment of land to the City should be determined between the applicant and the City Council and should be finalized prior to the issuance of a building permit for the site. The streetscape improvements along this future extension of Idaho Street are not proposed to be constructed until the entire right of way is obtained and the roadway designed. This is a multi phased project for the Eagle First Baptist Church. The fmt phase of this project includes remodeling the existing 2,400-square foot shop building and adding a 450-square foot building addition to the shop and using this building as the church facility for approximately one Page 8 of 15 K:\Planning DeptlEagle ApplicationslDrl2002\DR-44-02 dtf.doc . year. The existing 1,986-square foot residential home is proposed to be converted into an office and classroom facility and remain in its current location until the first phase of the church facility is constructed, at which time the office and classroom facility will be moved to parcel A and the required parking will be constructed. Upon completion of phase one, consisting of a 7,650-square foot church building, the shop will become an auxiliary building to the church. The future building expansions for the church facility and the office and classroom facility will be constructed when funds become available to the church. All future building additions to the church and office and classroom facilities will be required to be reviewed and approved by the Design Review Board prior to the City accepting any building permits for the second phase of the church facility or office and classroom building addition. The property to the west of the subject site is Eagle City Hall and the Arboretum. It is the applicant's desire to expand the theme of the Arboretum within their site along the west property line while retaining existing trees and incorporating the drain ditch with its natural vegetation. Recently the Eagle City Council reviewed and approved three (3) multi-tenant buildings on the property to the east of the subject site. One of the multi-tenant buildings is proposed to be constructed ten feet (10') east of the subjects east property line. All of the tenant entrances to this multi-tenant building will be located on the east building elevation providing access to the plaza areas and parking lot proposed with that development. The applicant is proposing to construct the new 7,650-square foot church facility twenty feet (20') west of the east property line and one hundred and forty seven feet (147') east of the west property line. The applicant has designed this phase of the church facility to incorporate several of the existing trees located on this site. A plaza area, while incorporating an existing twenty eight inch (28") walnut tree, has been proposed near the southwest corner of the church facility. The parking lot with a drop-off area has been designed so as to retain three (3) of the existing trees located within this development. Per Eagle City Code, side building setbacks within the Transitional Development Area may be a maximum of ten feet (10') from the property line. It is staffs opinion that the applicant proposing to retain several of the existing trees located on this site holds a higher standard than the required setback for this site. If the development to the east of this site was designed so that pedestrian interconnectivity between these two sites could be utilized, the ten foot (10') side setback should have been imposed on this site. The Design Review Board should determine if the ten foot (10') maximum side setbacks from the east and west property lines are required. . There are twenty two (22) existing trees on this site. The applicant is proposing to remove fifteen (15) of these trees. Per Eagle City Code, existing trees are required to be retained unless removal is approved by the City. Where trees are approved to be removed by the City, replacement of the tree with an acceptable species is required, or a monetary amount is required to be paid to the City Tree Fund. Per Eagle City Code, the applicant should be required to replace one hundred and seventy six (176) caliper inches on site or provide a monetary amount of $8,850.00 to the City Tree Fund. The revised landscape plan or monetary amount shall be reviewed and approved by staff and one member of the Design Review Board or the money submitted to the City prior to the City accepting a building permit for this site. The floor plan of the church building indicates two man doors located on the east elevation of the building. The elevation plan of the church building only shows one man door on the east building elevation. The applicant should be required to provide a revised floor or elevation plan showing the correct number of man doors concur with the floor or elevation plans. The revised floor or elevation plan should be reviewed and approved by staff prior to the City accepting a building permit for this site. . . The applicant is proposing to locate the classroom facility approximately forty feet (40') south of Page 9 of 15 K:\Planning DeptlEagle ApplicationslDrl2002\DR-44-02 dtf.doc the north property line of Parcel A. The site plan date stamped by the City on July 8, 2003, indicates that a future building expansion is proposed to be constructed on the north and west sides of the classroom facility. The building expansion to the north is proposed to be constructed within twenty feet (20') of the north property line. The north property line of this site abuts residential uses. Per Eagle City Code, nonresidential buildings or uses may not be located nor conducted closer than forty feet (40') to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening is provided and approved by the council. The applicant should be required to provide a revised site and landscape plan showing the classroom facility and future building expansions a minimum of forty feet (40') south of the north property line or a minimum of a twenty foot (20') wide landscape buffer with a masonry or solid fence abutting the north property line. The revised site and landscape plans 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. 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 MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on August 14,2003, at which time the Board continued this item. The Board continued the item to August 28, 2003, September 11, 2003, September 25, 2003, and to October 9, 2003, at which time they made their decision. 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/representative). BOARD DECISION: The Board voted 6 to 0 (Floegel absent) to approve DR-44-02 for a design review application to construct a church facility, remodel the existing shop with a building addition, and to relocate and change the use of the existing residential dwelling into an office and classroom facility for the Eagle First Baptist Church, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The applicant agrees to donate the land shown on the attached plan, date stamped by the City on July 8, 2003, for the future extension of Idaho Street which consists of a 42-foot wide strip on this site. Documentation necessary for the transfer of ownership of this segment of land to the City shall be determined between the applicant and the City Council and shall be finalized prior to the issuance of a building permit for the site. 2. All future building additions to the church and office and classroom facilities shall be reviewed and approved by the Design Review Board prior to the City accepting any building permits for the second phase of the church facility or office and classroom building addition. 3. Provide a revised landscape plan showing the addition of one hundred and seventy six (176) caliper inches on site or provide a monetary amount of $8,850.00 to the City Tree Fund. The revised landscape plan or monetary amount shall be reviewed and approved by staff and one member of the Design Review Board or the money submitted to the City prior to the City accepting a building permit Page 10 of 15 K:\P1anning DeptlEagle ApplicationslDrl2002\DR-44-02 drf.doc for this site. 4. Provide a rc"áseè floor or elevatioø plan sho,tViRg the eorr-ect R\iFl'iàer of ffiftR doors COReer v,'ith the floor or elevatioB plans. The reviseè floor or elevatioB plan shall be re'¡ievt'ed aDd appmved by staff prior to the City acceptiRg a lmildiBg permit for this sire. 5. Provide a revised site and landscape plan showing the classroom facility and future building expansions a minimum of forty feet (40') south of the north property line or a minimum of a twenty foot (20') wide landscape buffer with a masonry or solid fence abutting the north property line. The revised site and landscape plans 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. 6. Work with the City of Eagle to continue the five foot (5') wide sidewalk located within the Arboretum to the proposed sidewalk on State Street. 7. Provide detailed cut sheets showing style, color, and size of the proposed pedestrian amenities (i.e.: trash receptacles, benches, bike rack, etc.). The detailed cut sheets shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 8. Provide a revised b\iildiRg elevatioB plan of tfie Borth elevatioB of the remodeled shop sHovlÌRg greater architectural iRterest (i.e.: wiRdows, cokmms, VlaÏÐ.scot, etc.). The r-evisecl b\iildiRg ele','atioB shall be reviev/ed and approved by staff and ODe meFl'iàer of the DesigB Revie\v Board prior to tHe City accepting a büildiBg permit for this site. 9. Provide a r0'lised landsca13e plaR shovlÍRg all decideoüs tr-ees are a mÌRilllilm of three iRch (3") caliper. The revised landscape plaR shall be r0viev.cd and approved by staff 13rior to the City aeceptiRg a büildiRg permit for this site. 10. Provide a reciprocal cross access agreement with the property owners to the east. The reciprocal cross access agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded in the Ada County Recorder's office prior to the City accepting a building permit for this site. 11. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 12. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer (i.e.: drainage). 13. Submit payment to the City for the arborist fees incurred for reviewing this project prior to issuance of a building permit. 14, No signs are proposed with this application. A separate design review application is required for the approval of any signs prior to the City accepting a building permit for this site. 15. Provide revised landscape plans for each individual phase showing the installation of planter beds adjacent to each of the buildings as follows: Phase I, the east side of the shop building: Phase 2, the east side of the church facility: and Phase 3, the entire east side of the church facility. The revised landscape plans shall be reviewed and approved by staff and one member of the Design Review Board member prior to the City accepting a building permit for this site. 16. Provide a revised landscape plan showing the driveway access on State Street reconfigured in order to retain the three walnut trees located to the west of the existing residential dwelling (shown on Sheet L- 1.0 and date stamped by the City on September 24. 2003. to be removed), The revised landscape plan shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the City accepting a building permit for this site. Page 11 of 15 K:\Planning DeptlEagle Applications\Drl2002\DR-44-02 dtf.doc STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system. curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy. whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs flfSt. 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 flfSt. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Page 12 of 15 K:\P1anniog DeptlEagle ApplicationslDrl2002\DR-44-02 dtf.doc Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris, 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c, Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fITe 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 fITe 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 Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs fmt. 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 Page 13 of 15 K:\Planning DeptlEaglt: Applications\Drl2002\DR-44-02 wt.do" 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 prior to construction! installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 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. 24. 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 original application for this item was received by the City of Eagle on July 2, 2002. On July 8, 2003, a second application was submitted to the City. 2. Requests for agencies' reviews were transmitted on July 18,2003 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-44-02) 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. Page 14 of 15 K:\Planning DeptlEagle ApplicationslDrl2002\DR-44-02 dtf.doc DATED this 23rd day of October 2003. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ?~~ Eric R. McCullough, Ch rman "~I """"""" ~~~" OF E<4. '###. ~.. ~~ ........0(. ,#. I ,~ ... ... ~ " ~ v.. ~l'OR.-1¡... ~ . . 0 .(¡>' ~ :.", . II . : :*: : * . _.- . .. . - _8 : \ \~ SEAL~: : ill! ..'" '.. 0 .. ~ -.('0 ~..: ~ <P» ..!ÞOR¡"-<';.- ~ .: ~ .., ......- <"\ ~ ", '##" '1'£ of \v"'~' """",,""'~ ATTEST: Page 15 of 15 K:\Planning DeptlEngle Applications\Drl2002\DR-44-02 drf.doc