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Findings - DR - 2012 - DR-81-07 MOD - Modification To The Master Sign Plan For Eagle Island Crossing BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MODIFICATION TO THE ) MASTER SIGN PLAN FOR EAGLE ISLAND CROSSING ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-81-07 MOD The above-entitled design review application came before the Eagle Design Review Board for their consideration on February 23, 2012. 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 Gardner Company,represented by Eric Williams with YESCO, is requesting design review approval to modify the Master Sign Plan for Eagle Island Crossing. Eagle Island Crossing is located on the north side of East State Street approximately 1360-feet east of Park Lane. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 19, 2012. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 12, 2008, the Eagle City Council approved a design review sign application for the Master Sign Plan for Eagle Island Crossing(DR-81-07). On February 14, 2012,the Eagle City Council approved a zoning ordinance amendment modifying the sign code(ZOA-03-11). D. COMPANION APPLICATIONS:None E. ZONING DESIGNATION: MU-DA (Mixed Use with development agreement). F. EXISTING SIGNAGE TO REMAIN: Two Eagle Island Entry Monument Signs Sign Data Proposed Required Sign Dimensions 8' high x 13' 4"wide 8' high(maximum) Area of Signage 43-square feet(approximately) 50-square feet(maximum) Illumination Halo illuminated with Amber LED Interior-illumination prohibited Sign Landscaping 400-square feet(approximately) 129-square feet(minimum) Page 1of12 K:\Plamung Dept\Eagle Applications\Dr\2007\DR-81-07 MOD Eagle Island Cross mstr sign plan drf doc Arts West School Monument Sign Sign Data Proposed Required Sign Dimensions 6' high x 10' 4"wide 6' high(maximum) Area of Signage 25-square feet(approximately) 30-square feet(maximum) Illumination Halo illuminated with Amber LED Interior-illumination prohibited Sign Landscaping 200-square feet(approximately) 75-square feet(minimum) Building N Multi-tenant Monument Sign Sign Data Proposed Required Sign Dimensions 6' high x 10' 4"wide 6' high(maximum) Area of Signage 30-square feet(approximately) 30-square feet(maximum) Illumination Halo illuminated with Amber LED Interior-illumination prohibited Sign Landscaping 200-square feet(approximately) 75-square feet(minimum) G. PROPOSED SIGNAGE: Two Multi-Tenant Monument Signs Sign Data Proposed Required Sign Dimensions 25' high x 10' wide 25' high(maximum)* Area of Signage 168-square feet entire sign(approximately) 200-square feet(maximum)* 18% (approximately-automated sign area 20% maximum for automate signage* Illumination Ground mounted light fixtures Interior-illumination prohibited Automated sign to be illuminated by LED's Sign Landscaping 400-square feet(approximately) 75-square feet(minimum) *Note:Maximum height,square footage,and illumination permitted within Ordinance 665. H. SIGN MATERIALS: Stone Veneer to match on the Arts West Building. Sheet metal with texture,painted to match colors of the Arts West School Building. Automated sign illuminated with LED's I. AGENCY RESPONSES:None J. LETTERS FROM THE PUBLIC:None received to date STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Protect and enhance the small town character of the City by requiring signage which is creative and distinctive, compatible with its surroundings, and an integral component of the style and character of the building to which it relates. Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-81-07 MOD Eagle Island Cross mstr sign plan drfdoc B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-2(B) The general theme of the Design Review Overlay District is to specify desirable building and landscape architectural styles and materials to create a sustainable and pleasing environment for residents and visitors alike. The architectural designs,materials, and graphics set forth in this article are complied to create a theme unique to the area called"Eagle Architecture". • Eagle City Code Section 8-2A-6(A)(4) Signage for any project shall provide for business identification and minimize clutter and confusion on and off the site. • Eagle City Code Section 8-2A-6(A)(4)(c) Signs are to provide effective and necessary business identification systems adapted to the building design. • Eagle City Code Section 8-2A-6(A)(4)(e) The size, location, design, color,texture, lighting, landscaping, and hours of operations of all permanent signs and outdoor advertising structures or features to insure that any such proposals do not detract from the function of, or design of,buildings, structures, surrounding properties, neighborhoods, or streets. • Eagle City Code Section 8-2A-8(A)(4) Material and Appearance: It is the intent of this article to encourage interesting, creative, readable, effective,uncluttered, and well maintained signage. Sign materials and appearance shall be complementary to the building architecture and colors. The exhibits provided in the EASD book are examples of the types of sign designs envisioned for the Eagle architecture theme. • Eagle City Code Section 8-2A-8(B) AUTOMATED SIGN: A sign with a fixed or changing display capable of displaying words, symbols, figures or images composed of, a series of light emitting elements or moving panels or parts; including but not limited to;tri-paneled, digital, electronic message boards, light emitting diodes(LED)signs or signs that in any other way move or create the illusion of movement. This definition does not include signs with copy that is manually changed. STATE HIGHWAY: Highways in and through the City of Eagle that are owned and maintained by the State of Idaho. These include State Highway 16, 20/26, 44 and 55. • Eagle City Code Section 8-2A-8(C)(2)(f) A "shopping center", as defined in section 8-1-2 of this Title shall be allowed one monument sign per street that it abuts for any site less than twenty(20)acres in size and two (2)signs for any site twenty(20)acres in size or larger. The height of any such sign shall not exceed fifteen (15)feet adjacent to a roadway that is not designated as a State Highway and twenty five(25) feet adjacent to any State Highway. The sign area shall not exceed one hundred and forty (140) square feet per side adjacent to a roadway that is not designated as a State Highway and two hundred(200)square feet per side adjacent to any State Highway. If the shopping center has a single address,the address shall be located on the monument sign and shall be a size that is readable from the street. Page 3of12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-81-07 MOD Eagle Island Cross mstr sign plan dr£doc In addition to any shopping center monuments signs, any single tenant building within a shopping center, and adjacent to a roadway, shall be permitted one monument sign. The height of any such sign shall not exceed six(6)feet adjacent to a roadway that is not designated as a State Highway and eight(8)feet adjacent to any State Highway. The sign area shall not exceed forty(40)square feet per side adjacent to a roadway that is not designated as a State Highway and sixty(60) square feet per side adjacent to any State Highway. • Eagle City Code Section 8-2A-8(C)(3) a. One subdivision sign may be permitted on each side of any entry road into a subdivision, or within the landscape median at the entry road if approved by ACHD, and at the intersection of any collector and/or arterial streets abutting the subdivision. b. Subdivision signs shall not exceed eight(8)feet in height and the sign area shall not exceed sixty(60) square feet per side. • Eagle City Code Section 8-2A-8(C)(8)Automated Signs: a. Automated signs may be permitted as a part of a monument sign and shall be prohibited in all other types of signs if the Design Review Board determines the following: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2, article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. b. Automated signs shall be prohibited in the Downtown Development Area(DDA)and Transitional Development Area(TDA). c. All automated signs that utilize light to create change may change frame content through dissolve, fade or scroll features only.No sign shall be operated in a manner which the sign, sign structure, design or pictorial segment of the sign shows full animation, growing, flashing, rotating content, or otherwise create an illusion of movement, except for single color text only message displays scrolling or traveling across the sign area. d. The signs shall only change frame content not more than every eight(8) seconds. The change of content must change immediately within a period of less than one(1)second. e. Based on brightness measured in NIT(an illuminative brightness measurement equivalent to one(1)candle/square meter measured perpendicular to the rays of the source); automated signs that utilize light to change frames shall contain an auto dimmer allowing for no more than 5,200 fifty-two hundred NIT illumination between sunrise and sunset and up to 300 three-hundred NIT illumination between sunset and sunrise. f. The automated sign portion of any sign should be constructed into the sign in a manner in which it is subordinate to the overall design of the sign. The automated sign portion of any sign shall not exceed twenty percent(20%) of the face of any sign. g. Where more than one sign is allowed, only one sign may contain an automated sign. h. The addition of an automated sign to any nonconforming sign is prohibited. i. Any conforming existing sign or portion of a conforming existing sign that is refaced with an automated sign shall require a design review approval. Page 4 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-8I-07 MOD Eagle Island Cross mstr sign plan drf.doc • Eagle City Code Section 8-2A-8(C)(13) Sign Illumination: a. The City must find that any illuminated sign permitted under the specific regulations within this article is designed such that brightness levels are controlled to assure a soft, subtle effective light in accordance with other city regulations intended to create and maintain the Eagle architecture theme, while encouraging energy efficient lighting. b. Illumination types, styles, and practices not listed herein shall be prohibited unless otherwise deemed by the design review board and city council to be consistent with the Eagle architecture theme. c. Floodlighting is permitted only through the use of incandescent and high pressure sodium light sources. d. Exposed neon is permitted when used to create the sign letter(s)or as an architectural element as part of the sign design. e. Halo illumination is permitted. f. Metal halide is not permitted as a light source for signage. g. All types of internal illumination is prohibited, except for automated signs and drive- thru/drive-up service menu board signs as regulated in this article. • Eagle City Code Section 8-2A-8(C)(14) Landscaping: Landscaping shall be provided at the base of all monument signs. Landscape plans shall be prepared by or under the responsible control of a licensed landscape architect with said plans to be duly stamped to clearly identify the preparer. The amount required shall be three(3)times the size of the largest sign area. An example is shown as follows: • Eagle City Code Section 8-2A-8(C)(15) Master Sign Plan: A master sign plan, as defined by this article, shall be required to be submitted to the City for review and approval. The purpose of a master sign plan is to coordinate signs, and create a plan that establishes a building or site's overall sign design. The master sign plan shall show sign colors, styles and locations of buildings,maximum size, illumination, and materials to be used. The master sign plan may be approved by the City with elements that require suspension or relaxation of the height, area, number of signs, or locations of signs specified within this article if the City Council finds that extra ordinary conditions exist which allow suspension or relaxation, but that any suspension or relaxation will still meet the intent of this article and: a. The development site contains unique or unusual physical conditions such as topography, proportion, size or relation to a public street that would limit or restrict normal sign visibility; or b. The proposed or existing development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest or other distinguishing features that justify variation from conventional development; or c. The proposed signage incorporates special design features such as logos, emblems, murals, statuaries or similar architectural elements that are designed in a manner determined by the City to be architecturally compatible to the sign and area. Page 5 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-81-07 MOD Eagle Island Cross mstr sign plan drf.doc C. DISCUSSION: • The applicant is requesting design review approval to modify the master sign plan for Eagle Island Crossing. On February 14, 2012,the Eagle City Council approved a zoning ordinance amendment to modify the Eagle City Sign Code (ZOA-03-11). The applicant's proposed changes to the Master Sign Plan for Eagle Island Crossing reflect that which was modify in Ordinance 665. • Staff recommends the following changes to the applicant's document titled"Eagle Island Crossing Master Sign Plan January 2012",with underlined text to be added so as to be in compliance with Eagle City Code. Eagle Island Crossing Master Sign Plan January 2012 This criterion has been established for the mutual benefit for all tenants. Conformance will be strictly enforced and any non-conforming or unapproved signs must be removed or brought into conformance at the expense of the tenant. A. GENERAL APPROVAL REQUIREMENTS 1. Every owner of any proposed building within Eagle Island Crossing shall be required to submit signage plans to the subdivision managing entity for written approval. A design review sign application, accompanied by the written approval of the managing entity, shall be submitted to the City for any proposed signs for City review and approval. All signs shall be in compliance with the criteria stated herein as well as Eagle City Code. In cases of any conflict between Eagle City Code and the criteria specified herein,the more restrictive requirements shall apply. 2. Each building within the Eagle Island Crossing Subdivision will be required to have a design review sign application submitted with the approval of the building elevations. 3. All permits for tenant's signs and their installation shall be obtained by tenant or his representative and shall conform to all local building and electrical codes as well as the criteria set forth hereafter. 4. All tenant signs shall be designed, constructed and installed at tenant's expense. 5. No exposed conduit,brackets, fasteners or wiring of any type will be permitted. No raceways will be permitted. 6. All signs shall meet Underwriters Laboratories and National Electrical code requirements. B. NUMBER,LOCATION,DESIGN AND CONSTRUCTION OF SIGNS: 1. Entry Monument Signs a) Two single face entry monument signs shall be allowed at the main entrance to the subdivision on State Highway. b) The monument signs will be 8'high with a sign area of 43 square feet(approximately). c) The aluminum reverse pan channel letters will have 1 1/2" returns and will be painted a flat or matte duranodic. d) The reverse pan channel letters will use Amber LED. 2. Multi-tenant Monument Signs Page 6 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-8I-07 MOD Eagle Island Cross mstr sign plan drfdoc a) Two double faced, multi-tenant monument signs shall be allowed along State Highway 44, and shall be spaced a minimum of 100'away from the entry signs. b) The monument signs will have an overall height of 25' with a maximum square footage of 200 square feet. c) The monument signs will be externally illuminated using high pressure sodium ground mounted light fixtures as required. d) Each Multi-tenant display to incorporate one each 3' x 10' single faced"automated sign"on the outside face of the display(per Exhibit A). All specs of the "automated sign"to conform to the Eagle City sign code including brightness, change of frame content and copy change frequency. e) The background color of all tenant panels shall be pure cream(#386A). f) Tenants are permitted to use their font on the monument sign. All tenants shall use 1/8" routed aluminum letters painted flat or matte black. 3. Single Tenant Buildings a) In addition to the two main Multi-tenant Monument signs, any single tenant building within the development with frontage adjacent to a roadway will be allowed to have one double faced monument display. Overall height, square footage allowance and distance between signs will be based on the Eagle City sign code. b) The background color of all tenant panels shall be pure cream(#386A) c) Tenants are permitted to use their font on the monument sign. All tenants shall use 1/8"routed aluminum letters painted flat or matte black. d) Displays to be illuminated using high pressure sodium flood lights,two per maximum. 4. Building Wall Signs a) Exterior wall signs shall be either open pan channel letters with exposed neon illumination, reverse channel letters with halo illumination(neon or LED). Reverse channel letters may also be illuminated using exterior flood illumination with approval from the landlord. b) Other types of wall signs will be considered, provided it is allowed in the Individual building's master sign plan, non-illuminated reverse pan channel letters installed flush to fascia. c) Quantity and size of the building wall signs to be in compliance with the Eagle City Code. d) Tenants will be allowed to use their fonts and shall use earth tone colors for their logo, using matte or flat finishes. All tenant's identification designs, copy, color and shapes shall require Landlord and City of Eagle's approval. C. MISCELLANEOUS REQUIREMENTS: 1. Tenant shall be responsible for the operations of tenant sign contractors. Tenant and sign contractor will be liable for any actions committed during installation or service of signage. 2. Tenant or his representative shall be responsible for cost of maintenance, service,repair or replacement of tenant's sign,time clock or electrical wiring. Page 7 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-81-07 MOD Eagle Island Cross mstr sign plan drf doc 3. Tenant shall be required to keep his/her sign in working order and all surfaces shall be maintained in good condition. Tenant shall also be responsible for any repair or painting for wall upon leaving of said space. 4. Upon termination of their lease,the tenant or managing entity shall neatly seal all penetrations of the building structure in a watertight condition that matches texture, color, and material used in the construction of the building. 5. Tenants or his representative should contact the managing entity for a list of approved sign vendors. • Currently Eagle Island Crossing consists of 16.05-acres. The applicant is the owner of the 5.5-acre parcel located adjacent to this sites western property line located south of Flint Drive. It is staff's understanding that the applicant wants to include the 5.5-acre property in the overall Eagle Island Crossing. With that said and with the new provision within Eagle City Code,the applicant meets the 20-acre minimum and is permitted two(2)twenty five foot(25')high monument signs adjacent to East State Street(State Highway 44). The multi-tenant monument sign elevation plan, date stamped by the City on January 19, 2012, show an automate sign to be located at the bottom of the monument sign panel on each sign. The applicant is proposing the automated sign to be located on one side of each of the multi-tenant monument signs (see Exhibit A). Per Eagle City Code, where more than one sign is allowed, only one sign may contain an automated sign. It is staff's opinion that by proposing the automated sign on only one side of each of the multi-tenant monument signs it does not exceed the intent of that allowed by Eagle City Code. The Board should determine if the proposed automated signs comply with Eagle City Code with regard to the following: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2, article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. • Staff defers comment regarding design and color of the proposed signs 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 February 23, 2012, 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. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). Page 8 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-81-07 MOD Eagle Island Cross mstr sign plan drf.doc BOARD DECISION: The Board voted 4 to 0 (McCullough, Comstock, and Hull absent)to approve DR-81-07 MOD for a design review application to modify the Master Sign Plan for Eagle Island Crossing, with the following staff recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The following document titled "Eagle Island Crossing Master Sign Plan January 2012" shall be the master sign plan criteria for Eagle Island Crossing: Eagle Island Crossing Master Sign Plan January 2012 This criterion has been established for the mutual benefit for all tenants. Conformance will be strictly enforced and any non-conforming or unapproved signs must be removed or brought into conformance at the expense of the tenant. A. GENERAL APPROVAL REQUIREMENTS 1. Every owner of any proposed building within Eagle Island Crossing shall be required to submit signage plans to the subdivision managing entity for written approval. A design review sign application, accompanied by the written approval of the managing entity, shall be submitted to the City for any proposed signs for City review and approval. All signs shall be in compliance with the criteria stated herein as well as Eagle City Code. In cases of any conflict between Eagle City Code and the criteria specified herein,the more restrictive requirements shall apply. 2. Each building within the Eagle Island Crossing Subdivision will be required to have a design review sign application submitted with the approval of the building elevations. 3. All permits for tenant's signs and their installation shall be obtained by tenant or his representative and shall conform to all local building and electrical codes as well as the criteria set forth hereafter. 4. All tenant signs shall be designed, constructed and installed at tenant's expense. 5. No exposed conduit,brackets, fasteners or wiring of any type will be permitted. No raceways will be permitted. 6. All signs shall meet Underwriters Laboratories and National Electrical code requirements. B. NUMBER,LOCATION,DESIGN AND CONSTRUCTION OF SIGNS: 1. Subdivision Monument Signs a) Two single face entry monument signs shall be allowed at the main entrance to the subdivision on State Highway 44. b) The monument signs will be 8'high with a sign area of 43 square feet(approximately). c) The aluminum reverse pan channel letters will have 1 1/2" returns and will be painted a flat or matte duranodic. d) The reverse pan channel letters will use Amber LED. 2. Multi-tenant Monument Signs Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-81-07 MOD Eagle Island Cross mstr sign plan drf doc a) Two double faced,multi-tenant monument signs shall be allowed along State Highway 44, and shall be spaced a minimum of 100'away from the entry signs. b) The monument signs will have an overall height of 25' with a maximum square footage of 200 square feet. c) The monument signs will be externally illuminated using high pressure sodium ground mounted light fixtures as required. d) Each Multi-tenant display to incorporate one each 3' x 10' single faced"automated sign" on the outside face of the display(per Exhibit A). All specs of the"automated sign"to conform to the Eagle City sign code including brightness, change of frame content and copy change frequency. e) The background color of all tenant panels shall be pure cream(#386A). f) Tenants are permitted to use their font on the monument sign. All tenants shall use 1/8" routed aluminum letters painted flat or matte black. 3. Single Tenant Buildings a) In addition to the two main Multi-tenant Monument signs, any single tenant building within the development with frontage adjacent to a roadway will be allowed to have one double faced monument display. Overall height, square footage allowance and distance between signs will be based on the Eagle City sign code. b) The background color of all tenant panels shall be pure cream(#386A) c) Tenants are permitted to use their font on the monument sign.All tenants shall use 1/8" routed aluminum letters painted flat or matte black. d) Displays to be illuminated using high pressure sodium flood lights,two per maximum. 4. Building Wall Signs a) Exterior wall signs shall be either open pan channel letters with exposed neon illumination,reverse channel letters with halo illumination(neon or LED). Reverse channel letters may also be illuminated using exterior flood illumination with approval from the landlord. b) Other types of wall signs will be considered, provided it is allowed in the Individual building's master sign plan, non-illuminated reverse pan channel letters installed flush to fascia. c) Quantity and size of the building wall signs to be in compliance with the Eagle City Code. d) Tenants will be allowed to use their fonts and shall use earth tone colors for their logo, using matte or flat finishes. All tenant's identification designs, copy, color and shapes shall require Landlord and City of Eagle's approval. C. MISCELLANEOUS REQUIREMENTS: 1. Tenant shall be responsible for the operations of tenant sign contractors. Tenant and sign contractor will be liable for any actions committed during installation or service of signage. 2. Tenant or his representative shall be responsible for cost of maintenance, service,repair or replacement of tenant's sign,time clock or electrical wiring. Page 10 of 12 K:\Planning Dept\Eagle Applications\Dr\200TDR-8l-07 MOD Eagle Island Cross mstr sign plan drf doc 3. Tenant shall be required to keep his/her sign in working order and all surfaces shall be maintained in good condition. Tenant shall also be responsible for any repair or painting for wall upon leaving of said space. 4. Upon termination of their lease,the tenant or managing entity shall neatly seal all penetrations of the building structure in a watertight condition that matches texture, color, and material used in the construction of the building. 5. Tenants or his representative should contact the managing entity for a list of approved sign vendors. 2. A sign permit is required prior to the installation of any signs on this site. 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. A building permit/zoning permit shall be required prior to construction of any sign which is not attached to a building with an active building permit. 2. Approval shall expire without notice to the applicant on the date of expiration of this Design Review, as stipulated in Eagle City Code(one year from the City Council approval date). 3. 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. 4. 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. 5. 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. 6. 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. 7. Any modification of the approved design review plans 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 certificate of completion for this project. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on January 19,2012. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-81-07 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. Page 11 of 12 K:\Planning Dept'Eagle Applications\Dr\2007\DR-81-07 MOD Eagle Island Cross mstr sign plan drf doc DATED this 8th day of March 2012. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Cou o .® Eric R. McCullough, Chairman /4 4:;`74,', =Cr s* .. ATTEST: • V � �•i`I �I E+ OV 1�o4 f Sharon K. Bergmann,Eagle City Clerk ®••®[�,�®s'° Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 12 of 12 K:\Planning Dept\Eagle Applications\Dr\2007\DR-8107 MOD Eagle Island Cross mstr sign plan drf doc