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Findings - DR - 2022 - DR-99-05 MOD - Galileo Stem Academy Field Modification BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE GALILEO ) STEM ACADEMY FIELD MODIFICATION FOR ) GALILEO STEM ACADEMY ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-99-05 MOD The above-entitled design review application came before the Eagle Design Review Board for their action on April 28, 2022. 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: Galileo Stem Academy,represented by Melissa Drew with The Land Group,Inc.,is requesting design review approval to modify the existing lawn field and play area mulch to a synthetic turf.The 2.61-acre site is located on the southeast corner of North Linder Road and West Saguaro Drive at 4735 West Saguaro Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 24,2022. Revised information(site and landscape plans)was received April 6,2022. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 6,2022,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 10, 2006, the City Council approved a design review application for an elementary and junior high school(DR-99-05). On January 10, 2006, the City Council approved a design review application for a building wall sign and monument sign for Galileo Math and Science Magnet School(DR-100-05). E. COMPANION APPLICATIONS:None. Page 1 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drf docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Public/Semi-Public PS-DA(Public/Semi-Public Galileo Stem Academy with a development agreement) Proposed No Change No Change No Change North of site Neighborhood Residential, R-3-DA(Residential with a Senora Creek Subdivision Transition Overlay development agreement) South of site Neighborhood Residential, R-2-DA(Residential with a Sedona Creek Subdivision Transition Overlay development agreement) East of site Neighborhood Residential, R-3-DA(Residential with a Senora Creek Subdivision Transition Overlay development agreement) West of site Neighborhood Residential R-2-DA-P(Residential with North Star Charter School, a development agreement— North Linder Road PUD) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA. H. URBAN RENEWAL DISTRICT:No. I. EXISTING SITE CHARACTERISTICS: The site has been developed with an elementary and junior high school, parking lot, playground, field area,and landscaping adjacent to North Linder Road and West Saguaro Drive. J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 10.66-acres(464,420-square feet) N/A Percentage of Site Devoted 18%(approximately) N/A to Building Coverage Percentage of Site Devoted 53%(approximately) 10%(minimum) to Landscaping K. PARKING ANALYSIS:N/A L. GENERAL SITE DESIGN FEATURES:N/A M. BUILDING DESIGN FEATURES:N/A N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are 37 trees located within the field area on the site. The applicant is proposing to retain 34 trees and remove 3 trees. Below is a list of existing trees that are proposed to be removed from the site as identified on the landscape plan, date stamped by the City on April 6, 2022. Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drf docx Tree Specie Caliper/ Condition Remove/R Replacement Height etained Inches/Feet per ECC Platanus(2) 10" Good condition Remove 10" 12" 12" Acer 8" Broken/dead Remove 0" Total caliper inches/feet of trees required to be replaced on site 22" Total caliper inches removed from the site 22" Total caliper inches proposed for mitigation 22" Tree Replacement Calculations: The applicant is proposing to remove 3-existing trees from the site.The applicant is proposing to plant 11, 2-inch caliper trees around the perimeter of the field area to mitigate for the trees. No additional mitigation is required. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Existing street trees are located along North Linder Road and West Saguaro Avenue. Maintenance Provisions and Proposed Irrigation Methods:Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping:No change. O. TRASH ENCLOSURES:No change. P. MECHANICAL UNITS:No change. Q. OUTDOOR LIGHTING:No change. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to the issuance of any building permits. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within Suez Water Company water service area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. V. 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 Page 3 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drf docx Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Eagle Fire Department Eagle Park,Pathway,and Recreation Eagle Sewer District Idaho Transportation Department Y. LETTERS FROM THE PUBLIC:None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a. The ordinance and standards used in evaluating the application; b.The reasons for the approval or denial; c. The actions,if any,that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator,Design Review Board, or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned development in the vicinity of the site; c. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; d. Will not interfere with the visual character,quality,or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; e. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; Page 4 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drf docx h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and i. Will have signs, if proposed,that are harmonious with the architectural design of the building and the adjacent buildings,and will not cover or detract from desirable architectural features. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING 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 (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable primarily for single family residential.Densities range from 2 units per acre to 4 units per acre. Transition Overlay Suitable development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density,lot sizing,and building scaling with a specific parcel or project. Base densities may be reduced, or units may be clustered to increase open space within a portion of a site when property is in this overlay.Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-6(B)(3): Fences: e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. However,powder coated chain link fencing may be permitted for use on school sites. • Eagle City Code Section 8-2A-7(C): RETENTION, REMOVAL, AND REPLACEMENT OF TREES: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed,replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree Page 5 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drfdocx removed,an equivalent amount of caliper inches shall be replanted.For each vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall be replanted. Example:An eight inch(8")caliper deciduous tree is removed,an acceptable replacement would be four(4)two inch(2")caliper deciduous trees.A twelve foot(12')tall coniferous tree is removed,an acceptable replacement would be two(2)six feet(6')tall coniferous trees. b. When a homeowners association or its agent removes tree(s)from a subdivision common area to appropriately thin an overgrown canopy,replacement shall not be required provided the site remains in compliance with subdivision's approved landscape plan as determined by the city. c. Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat,removal of the following trees shall not otherwise require replacement: black locust,poplar,cottonwood,willow,tree of heaven,elm,and silver maple. Trees which are weak wooded,weak branched,suckering, damaged,diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. d. In cases where the condition of the tree(s)constitutes an "emergency" as defined in section 8-1-2 of this title,the tree(s)may be removed without approval provided that the city is notified after the tree's removal and provided with documentation indicating the tree's condition at time of removal. e. Planting within public rights of way shall be with approval from the city and the public entity owning the property. 3. 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 shall be replaced in accordance with subsection C2 of this section. 4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'),or to the drip line,whichever is furthest from the trunk. 5. Minimum Landscaping:Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. C. DISCUSSION: • The applicant is requesting design review approval to modify the existing lawn field and play area mulch to a synthetic turf. The applicant's justification letter states that the existing lawn field is in poor condition due to both school and community use.Factors such as heat,soils,youth sports team use, and foot traffic/student use have contributed to the poor condition. Staff defers comment regarding the synthetic turf to the Design Review Board. • The site plan shows a new chainlink fence and gate at the northeast corner of the field;however,a detail for the chainlink fence and gate and color was not received. Pursuant to Eagle City Code Section 8-2A-6(B)(3), powder coated chainlink fencing may be permitted for use on school sites. The applicant should be required to provide a detail for the chainlink fence and gate including the color(required to be powder coated). The detail should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The applicant is proposing to remove three trees from the site.Two trees are located within the area Page 6 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drfdocx the synthetic turf is proposed and one tree is along the southern perimeter around the field. Two of the trees are in good condition and require 22-caliper inches of mitigation. The applicant is proposing to add 11, 2-inch caliper trees to the perimeter landscaping around the field area to mitigate for the trees. If the Design Review Board approves the removal of the three trees, no additional tree mitigation is required. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the site specific conditions of approval and standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on April 28,2022,at which time the Board made their decision. B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is in favor of the synthetic turf proposed for the field and play area and requested a material sample of the turf be submitted. • The Board discussed concerns regarding irrigation for the field for removing dust and for cleaning bacteria from the turf. The applicant explained the proposed irrigation methods and the school district has the same irrigation at several other schools. • The Board is in favor of the proposed tree removal and tree mitigation. BOARD DECISION: The Board voted 2 to 0(Duperault abstained; Grubb,Germano,Lindgren,and Merrill absent)to recommend approval of DR-99-05 MOD for a design review application to modify the existing lawn field and play area mulch to a synthetic turf for Galileo Stem Academy,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 and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of DR-99-05. 2. Provide a detail for the chainlink fence and gate including the color (required to be powder coated). The detail shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. 1€4The Design Review Board approves the removal of the three trees,and no additional tree mitigation is required. 4. A separate design review application is required for the review and approval by the City for the future modular noted on the site and landscape plans. 5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 6. The applicant shall be required to comply with any applicable conditions placed on this application by Page 7 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drf docx the City Engineer. 7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 8. No signs are proposed with this application and none are approved. 9. Provide a material sample of the synthetic turf proposed for the field and play areas. The material sample shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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 a Zoning Certificate for this site. 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 and 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 Page 8 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drf docx 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. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. 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 issuance of any Certificate of Occupancy. 11. 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. 12. 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. 13. 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 be 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. Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drf docx 14. 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 Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. 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. 17. 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. 18. 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. 19. Basements in the flood plain are prohibited. 20. 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 City Council. 21. 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 the City Council for review and approval. 22. 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. 23. 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. 24. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations", and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to submit a Zoning Permit application to the City and 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 changes 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. 25. 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 approval date). 26. 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 Page 10 of 12 K:\Planning Dept\Eagle Applications\Dr`2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drf docx Code. 27. 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 Board reviewed the particular facts and circumstances of this proposed design review application (DR-99-05 MOD)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. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a landscape modifications is permitted with the approval of a design review application within the PS-DA (Public/Semi-public with a development agreement)zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed landscaping modification is designed to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district—Not applicable for a landscape plan; D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city, and where possible,enhance the continuity of thematically common architectural features; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for a landscape plan; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development — Not applicable for a landscape plan; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. Page 11 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drf docx DATED this 12t day of May 2022. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho Rob rt Grubb, hairman ATTEST: ,..Ua1U1/1 •. I • • •, � ..• .•E •.• . �O Trac . Os ,Eagle City Clergy . p y :Q : a Q' �: I 1 : r . cc •$ v: J* Page 12 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\Galileo Synthetic Turf DR-99-05 MOD\DR-99-05 MOD Galileo Synthetic Turf drf docx