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Findings - DR - 2013 - DR-70-12 - Construct An Entry Structure W/Signage For Lions Gate Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT AN ENTRY) STRUCTURE WITH SIGNAGE FOR LIONS GATE) SUBDIVISION FOR LAZARUS,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-70-12 The above-entitled design review application came before the Eagle Design Review Board for their action on January 24, 2013. 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: Lazarus,LLC, represented by Talena Baer with Baer Design Group,LLC, is requesting design review sign approval to construct an entry structure with subdivision signage for Lion's Gate. The site is generally located on the southwest corner of Ballantyne Lane and West Floating Feather Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 20, 2012. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 26, 2006,the Eagle City Council approved an annexation,rezone, and preliminary plat for Sylvan Wood Estates Subdivision(A-13-06/RZ-16-06/PP-14-06). On January 9, 2007,the Eagle City Council approved a design review application for the common area landscaping within Sylvan Wood Estates Subdivision(DR-106-06). On July 24, 2007,the Eagle City Council approved a final plat for Sylvan Wood Estates Subdivision(FP-03-07). On July 8, 2008,the Eagle City Council approved a final plat extension of time for Sylvan Wood Estates Subdivision to be valid until July 24, 2009 (EXT-11-08). On January 8, 2013, the Eagle City Council approved a development agreement modification and preliminary plat for Lion's Gate Subdivision(RZ-16-06 MOD and PP-02-12). D. COMPANION APPLICATIONS: DR-69-12 (design review of common area landscaping) E. ZONING DESIGNATION: Residential with a development agreement. Page 1 of 6 K:\Planning Dept\Eagle Applications\Dr\2012\DR-70-12 Lions Gate Entry sign drf.doc F. SIGNAGE: Entry Feature with Signage Sign Data Proposed Required Sign Dimensions 3' high x 21' wide 35' high(maximum) Area of Signage 63-square feet(approximately) 108-square feet(maximum) Illumination Up lighting Interior-illumination prohibited Sign Landscaping 400-square feet(approximately) 190-square feet(minimum) G. SIGN MATERIALS: CMU columns with Travertine finished with concrete caps. Bronze finished wrought iron. H. AGENCY RESPONSES: Ada County Highway District — The applicant shall enter into a license agreement with the District for the entry structure spanning the right of way. The entry feature shall have a minimum of 17 feet of clearance measured from the roadway to the lowest point of the structure. Eagle Fire Department— The entry structure meets the minimum clearance requirement as per the International Fire Code. I. 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. 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 Page 2 of 6 K:\Planning Dept\Eagle Applications\Dr\2012\DR-70-12 Lions Gate Entry sign drfdoc 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(C)(1)(c) For a single-tenant building the total sign area of any wall sign shall not exceed ten percent (10%) of the area of the building face to which it is attached, except that any wall sign that is visible from a state highway shall be permitted a maximum of twenty percent (20%) of the area of the building face to which it is attached. • Eagle City Code Section 8-2A-8(C)(3) Subdivision Signs: 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 feet(8')in height and the sign area shall not exceed sixty(60) square feet per side. • 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. A clear covering may be permitted for protection of the neon element. 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- through/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. C. DISCUSSION: • The applicant is proposing to construct an entry structure to Lion's Gate Subdivision at the entrance on Ballantyne Lane. The structure will extend over both the entrance and exit roads of the entrance to the subdivision. The structure is to be constructed of CMU columns finished with Travertine and concrete caps. The sign and trellis like feature are to be constructed of wrought iron with a bonze finish. Page 3 of 6 K:\Planning Dept\Eagle Applications\Dr\2012\DR-70-12 Lions Gate Entry sign drfdoc • The application indicates that up lighting is to be used to illuminate the signage on the structure; however, no detailed cut sheets have been provided with the application showing the style, wattage, luminarie, etc. to be used have been submitted for review and approval. The applicant should be required to provide detailed cut sheets of any proposed light fixtures showing the style, wattage,luminarie, etc. The detailed cut sheets should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a sign permit. • Staff defers comment regarding the design of the proposed sign 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 January 24, 2013, 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). BOARD DECISION: The Board voted 6 to 0 (McCullough absent)to approve DR-70-12 for a design review application to construct an entry structure with signage for Lions Gates Subdivision for Lazarus,LLC, 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. Provide a license agreement from ACHD approving the entry structure and landscaping located within the public right-of-way located at the intersection of North Park Lane and West Snake River Drive prior to the City issuing a zoning certificate for this site. 2. Provide detailed cut sheets of any proposed light fixtures showing the style, wattage, luminarie, etc. The detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a sign permit. 3. A building permit is required prior to the installation of any signs on this site. 4. A sign permit is required prior to the installation of any signs on this site. 5. Provide detailed elevations of the entry structure showing the following: 1. Side view of the entry feature. 2. Reevaluate the size of the lion heads to be used on the structure. 3. Consider a different webbing style to be used on the three support members between the entry arch and the column bases. The revised details shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a sign permit. 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. Page 4 of 6 K:\Planning Dept\Eagle Applications\Dr\2012\DR-70-12 Lions Gate Entry sign drfdoc 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 December 20, 2012. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-70-12) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. DATED this 14th day of February 2013. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, I•aho Eric R. McCullough, Chairman Page 5 of 6 K:\Planning Dept\Eagle Applications\Dr\2012\DR-70-12 Lions Gate Entry sign drf doc Ros ss,,aeej,,, a?` rr ' (�)F /r; i Rrrr R •ir•.A i ATTEST: S A L w sr • • .1.r� .fir 4 r J • ,■••nR iii Aao, +���♦♦♦♦ Sharon . Bergmann, Eagle City ) lerk 'a,, f' or kp P 0 ���e�nneeee,,,,`,, Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 6 of 6 K:\Planning Dept\Eagle Applications\Dr\2012\DR-70-12 Lions Gate Entry sign drfdoc