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Findings - DR - 2017 - DR-47-08 - Expand Existing Playground And Construct A Track And Sports FieldBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO EXPAND THE EXISTING PLAYGROUND AND TO CONSTRUCT A TRACK AND SPORTS FIELD FOR NORTH STAR CHARTER SCHOOL FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -47-08 MOD The above -entitled design review application came before the Eagle Design Review Board for their action on March 23, 2017. The 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 Ben Semple with Breckon Land Design, is requesting design review approval to expand the existing playground and to construct a track and sports field on the western portion of the site. The 14.9 -acre site is located on the southwest corner of North Linder Road and West Saguaro Drive at 839 North Linder Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 16, 2017. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 23, 2017, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 8, 2006, the City Council approved an annexation and rezone from A (Agricultural) and RR (Rural Residential -Ada County Designation) to R -2 -DA -P (Residential - two units per acre with a development agreement — planned unit development), a conditional use permit, a planned unit development preliminary development plan and a preliminary plat (phase one only) for the Legacy Planned Community for Signature Sports Development, LLC (A-9-05/RZ-13-05/PPUD-5-05). On August 22, 2006, the City Council approved a design review application for the common area landscaping and the Sports Academy located within Legacy Development (DR -64-06). On August 28, 2007, the City Council approved a final development plan and final plat for Mosca Seca Subdivision Phases No. 1 & No. 2, for Idaho Development Services, LLC (FPUD-01-07&FP- 01-07/ FP -02-07). On September 18, 2007, the City Council approved a modification to the development agreement to provide a time schedule for the build out of the Academy Core area located within the Mosca Seca Subdivision (RZ-13-05 MOD). On April 8, 2008, the City Council approved a modification to the development agreement with regard to two story homes, size of second stories on residential homes, allowed a public road to become private, and modified the memorandum of agreement for water (RZ-13-05 MOD 2). Page 1of13 K:\Planning Dept\Eagle Applications \DA2008\DR-47-O8 MOD North Star Charter School Field Expansion drfdocx On September 16, 2008, the City Council approved a design review application to construct a North Star Charter School (DR -47-08). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two R -2 -DA -P (Residential with a North Star Charter School development agreement, PUD) Proposed No Change No Change No Change North of site Residential Two R -2 -DA -P (Residential with a Foxglove Estates development agreement, Subdivision PUD) South of site Residential Two R -2 -DA (Residential with a Cabra Creek Subdivision development agreement) East of site Public/Semi-public PS -DA (Public/Semi-public Galileo STEM Academy with a development agreement) West of site Residential Two R -4 -DA -P (Residential with a development agreement, PUD) The Preserve Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site has been developed with a school, parking lot, grass open field, perimeter landscaping, and curb, gutter, and sidewalk. Page 2 of 13 KAPlanning Dept\Eagle Applications\Dr\2008\DR-47-08 MOD North Star Charter School Field Expansion drf.docx I. S11'E, DATA: SITE DATA Total Acreage of Site Percentage of Site Devoted to Building Coverage Percentage of Site Devoted to Landscaping Number of Parking Spaces Front Setback Rear Setback Side Setback Side Setback PROPOSED 5.96 -acres (259,617 -square feet) (proposed expansion) 14.90 -acres (649,044 -square feet) (entire school site) 1% (approximately) 70% (approximately) 229 -parking spaces total 47 -parking spaces (proposed) 182 -parking spaces (existing) 75 -feet (North) 345 -feet (South) 598 -feet (East) 412 -feet (West) REQUIRED 0.39 -acres (17,000 -square feet (minimum) 40% (maximum) 15% (minimum) 162 -parking spaces (minimum) 30 -feet (minimum) 30 -feet (minimum) 20 -feet (minimum) 10 -feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) open picnic shelter and one (1) trellis to be utilized for outdoor classroom activities and seating. Height and Number of Stories of Proposed Buildings: The applicant is proposing an eleven foot, seven inch (11' 7") high single -story picnic shelter and an eleven foot (11') high trellis. Gross Floor Area of Proposed Buildings: The proposed picnic shelter is 880 -square feet. On and Off -Site Circulation: A 27,274 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 36 -foot wide driveway is proposed to be located north of the field expansion and to the west of the school building approximately 660 -feet west of North Linder Road providing access to West Saguaro Drive. K. BUILDING DESIGN FEATURES: Roof: Steel (Galvalume) Columns: Siding (to match existing school columns) Fascia/Trim: Cultured stone and trim (to match existing school columns) Page 3 of 13 K:\Planning Dept\Eagle Applications\Dr12008\DR-47-08 MOD North Star Charter School Field Expansion drf.docx L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Twenty-three (23) street trees are proposed along West Saguaro Drive spaced a minimum distance of twenty-seven feet (27') apart and a maximum of thirty-eight feet (38') apart. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 8% interior landscaping is required, 11% is proposed. M. TRASH ENCLOSURES: N/A N. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: No lighting plan has been provided to date. See discussion section herein for additional details regarding lighting. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be submitted for the approval of any signs proposed on this building and on the site. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees — yes — located on the perimeter of the site adjacent to North Linder Road Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no Page 4 of 13 K:\Planning Dept\Eagle Applications\Dr12008\DR-47-08 MOD North Star Charter School Field Expansion drf.docx 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 to the staff report. Ada County Highway District Ballentyne Ditch Company Department of Environmental Quality Eagle Fire Department Foothills Ditch Company Tesoro Logistics NW Pipeline W. LE'1'1ERS 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 (adopted February 10, 2015), designates this site as the following: Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. 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: a. Block (with columns), which may include brick, rock, stone or similar veneer; b. Brick (with columns); c. Wrought iron; d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design; e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. • Eagle City Code Section 8 -2A -7(K): Parking Lot Landscaping: 1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street parking: Page 5 of 13 K:\Planning Dept\Eagle Applications\Dr\2008\DR-47-08 MOD North Star Charter School Field Expansion drf.docx Parking should be located to the side and rear of buildings and shall be screened so that it does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen parking areas (chainlink fencing shall not be permitted). In the design of large parking areas, arrange bays of parking spaces to be separated by landscaping. When parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to extend above natural grade. 2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Four (4) options are provided for fulfilling this requirement: a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. (1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: (A) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and (B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. • Eagle City Code 8 -2A -7(M): Parkway Strips, Separated Sidewalks, and Street Trees: 3. Within residential developments one shade class (class II) tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet (80') of street frontage. 4. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. C. DISCUSSION: • Per the applicant's justification letter, date stamped by the city on February 16, 2017, the applicant is proposing to expand the existing playground area to the west of the school, add an additional fenced multi -sport court, a plaza/outdoor area, a covered shelter, an entry gate feature, Page 6 of 13 K:1Planning Dept\Eagle Applications\Dr12008\DR-47-08 MOD North Star Charter School Field Expansion drf.docx additional parking, and a new track and sport field. The project is proposed to be completed in phases based upon the availability of future funding. The first phase will consist of the expansion of the playground area, the plaza/outdoor area, and the covered shelter. The applicant did not provide details of the perimeter fence, bleachers, scoreboard or a landscape plan showing the three foot (3') high berm with landscaping proposed between the field and the parking lot. The applicant should be required to provide details of the perimeter fence, bleachers, scoreboard, and landscape plan showing the three foot (3') high berm with landscaping for review and approval by staff prior to the issuance of a zoning certificate for those items. • The landscape plan does not identify locations or types of lighting proposed with the field expansion. The applicant should be required to submit a revised landscape plan identifying the locations of all lighting and provide detailed cut sheets showing the style, material, color, wattage, illumination type, lumen output, height, etc., of any proposed lighting. The revised landscape plan and detailed cut sheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan shows proposed fencing around the proposed multi -court area and at the perimeter of the site along West Saguaro Drive. The landscape plan does not identify what type of fencing is proposed at either location. The applicant should be required to provide a detailed elevation identify the type of fencing (i.e. style, material, size, color, etc.). The detailed elevation of the fence to be located around the multi -court area and perimeter of the site along West Saguaro Drive should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan shows benches within the proposed plaza/outdoor area but a detail of the benches was not submitted. The applicant should be required to provide a detail of the benches showing the style, size, color, etc. The bench detail should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan shows twenty-three (23) street trees proposed along West Saguaro Drive. The street trees are proposed to be spaced a minimum distance of twenty-seven feet (27') apart and a maximum distance of thirty-eight feet (38') apart. The street trees proposed are American Linden which mature to a height of eighty feet (80') and a width of fifty feet (50'). Additionally, the site plan identifies Norway Maple trees and European Hornbeam trees north of the parking lot and south of the detached sidewalk along West Saguaro Drive. Norway Maple trees mature to a height of fifty feet (50') and a width of forty-five feet (45') and European Hornbeam which mature to a height of forty feet (40') and a width of thirty feet (30'). The distance between the street trees and the trees south of the detached sidewalk is approximately fifteen feet (15') to twenty feet (20'). Staff is concerned with the placement of the trees and the minimal distance between the trees. Staff defers comment regarding the proposed landscaping to the Design Review Board. • Staff defers comment regarding picnic shelter and trellis 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 to consider the application was held before the Design Review Board on March 23, 2017, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. Page 7 of 13 K:1Planning Dept\Eagle Applications\Dr12008\DR-47-08 MOD North Star Charter School Field Expansion drf.docx 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 5 to 0 (Baer and Germano absent) to approve DR -47-08 MOD for a design review application to expand the existing playground and to construct a track and sports field for 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 DR -47-08. 2. Provide a revised landscape plan identifying the locations of all lighting and provide detailed cut sheets showing the style, material, color, wattage, illumination type, lumen output, height, etc., of any proposed lighting. The revised landscape plan and detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. Provide a detailed elevation identify the type of fencing (i.e. style, material, size, color, etc.). The detailed elevation of the fence to be located around the multi -court area and perimeter of the site along West Saguaro Drive shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide a detail of the benches in the outdoor plaza area showing the style, size, color, etc. The bench detail shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide details of the perimeter fence, bleachers, scoreboard, and a landscape plan showing the three foot (3') berm with landscaping located between the field and the proposed parking lot. The fence details, bleachers, scoreboard, and landscape plan showing the three foot (3') berm with landscaping located between the field and the proposed parking lot shall be reviewed and approved by staff prior to the issuance of a zoning certificate for those items. 6. Comply with all conditions required by the Foothill Ditch Company and Middleton Mill Ditch Company. 7. Contact the Eagle Creek Homeowners Association prior to altering the water usage and/or irrigation system to discuss the changes that will affect their pressurized irrigation system. 8. A design review application is required for all buildings, structures, or signs not identified on the landscape plan, date stamped by the city on February 16, 2017 for city staff for review and approval prior to construction. 9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 10. 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. 11. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 12. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 13. No ground mounted mechanical units are proposed with this application and none are approved. 14. No signs are proposed with this application and none are approved. Page 8 of 13 K:'Planning Dept\Eagle Applications \DA2008\DR-47-08 MOD North Star Charter School Field Expansion drf.docx 15. Sheet L1.5. date stamped by the city on February 16. 2017. showing the columns of the picnic shelters to match the school building is approved. 16. If lighting is installed within or on the picnic shelter the applicant shall provide an elevation showing the lighting to be concealed within the structure. The elevation and associated lighting specifications shall be reviewed and approved by staff prior to the 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 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) Page 9 of 13 K:\Planning Dept\Eagle Applications\Dr\ 2008\DR-47-08 MOD North Star Charter School Field Expansion drLdocx 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. 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 Page 10 of 13 K:1Planning Dept\Eagle Applications\Dr\2008\DR-47-08 MOD North Star Charter School Field Expansion drf.docx 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. 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. 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 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 Page 11 of 13 K:'Planning Dept\Eagle Applications\Dr't2008\DR-47-08 MOD North Star Charter School Field Expansion drf.docx 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 -47-08 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 the expansion will enhance the school grounds with the approval of a design review application within the R -2 -DA -P (Residential with a development agreement - PUD) 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 plan extends the usable area of the school athletic and play facilities and provide aesthetically pleasing architecture to enhance the character of the area; 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 since the site meets the required parking for a school site, additional parking will be installed, and the drive aisles have been design in conformance with Eagle City Code 8-4-5; 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 since the architecture of the shelter and entry gate feature will be consistent with the existing school building and will enhance the character of the area; 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 since the proposed expansion has been designed with quality materials and similar features utilized on school buildings; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed structures are in conformance with the required setbacks and height restrictions; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the future parking lot is designed to meet current parking standards; 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. No signs are proposed with this application. Any future signs if proposed will be required to be harmonious with the architectural design of the building and adjacent buildings, and will not cover or detract from desirable architectural. Page 12 of 13 K:\Planning Dept\Eagle ApplicationsMr\2008\DR-47-08 MOD Nonh Star Charter School Field Expansion drf.docx DATED this 13th day of April 2017. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robert Grubb, an ATTEST: l• Sharon K. Bergmann, Eagle City Clerk v EACH '•. I CV +1 4%) *. O i ic) dl. • 4. 4 : • (.tiS$e/Q;,.•ro:►`. 0, •''''''e. e, s„,,, Page 13 of 13 KAPlanning DcpAEagle Applications\ Dr\ 2008\DR-47-08 MOD North Star Charter School Field Expansion drfdocx