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Findings - DR - 2014 - DR-52-99 MOD5 - Modification To The Master Sign Plan For The Eagle Marketplace/Signage 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 THE EAGLE ) MARKETPLACE, INCLUDING BUILDING WALL ) SIGNAGE FOR BRAIN BALANCE ACHIEVEMENT ) CENTER FOR EAGLE MARKETPLACE, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-52-99 MOD5 The above-entitled design review application came before the Eagle Design Review Board for their action on June 12, 2014. The Board continued this item to June 26, 2014, and made their action at that time. 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: Pinnacle Realty Management, represented by Virginia Cunningham with Lytle Signs,Inc., is requesting design review approval to modify the master sign plan for the Eagle Marketplace. This application is also for the approval of a building wall sign for Brain Balance Achievement Center. The site is located on the northeast corner of East Chinden Boulevard and North Eagle Road at 3210 East Chinden Boulevard. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 7,2014. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 8, 2000, the Eagle City Council approved a design review sign application for the City Marketplace (DR-52-99). On October 24, 2000,the Eagle City Council approved a design review sign application to modify the monument signs at the City Marketplace (DR-52-99 MOD). On August 24, 2004, the Eagle City Council approved a design review sign application to modify the master sign plan for the City Marketplace(DR-52-99 MOD3). On October 11, 2011, the Eagle City Council approved a design review sign application to modify the master sign plan for the City Marketplace(DR-52-99 MOD4). D. COMPANION APPLICATIONS: None E. ZONING DESIGNATION: C-1 and C-2 (Commercial) Page 1 of 12 Kt\Planning Dept\Eagle Applications\Dr\1999\DR-52-99 MOD5 mstr sign plan drddoc F. SIGNAGE: Proposed Building Wall Signs Sign Data Proposed Required Wall Sign Dimensions Varies depending on tenant name and As limited within this application logo Area of Signage Varies depending on tenant name and 20% of the face of the building logo (maximum) Illumination Halo illuminated/Exposed neon/Non Interior-illumination prohibited illuminated Brain Balance Achievement Center Building Wall Sign Sign Data Proposed Required Wall Sign Dimensions 3' high x 13' wide N/A Area of Signage 39-square feet 48-square feet(maximum) Illumination Halo illuminated and non illuminated Interior-illumination prohibited Freehanging Sign Boards Sign Data Proposed Required Wall Sign Dimensions 1' high x 4' wide N/A Area of Signage 4-square feet 8-square feet(maximum) Illumination Non-illuminated Interior-illumination prohibited Two Multi-tenant Monument Signs with Automated Signs Sign Data Proposed Required Sign Dimensions 25' high x 14' wide 25' high(maximum)* Area of Signage 195-square feet 200-square feet(maximum)* Two Automated signs = 45-square Automated sign = 39-square feet feet each (maximum and only one monument is permitted to have automated) Illumination Punch through and Automated Signs Interior-illumination prohibited Sign Landscaping No landscape plan provided 585-square feet(minimum) *Note:Height and square footage allowed for shopping center monument signs when located adjacent to a state highway. G. SIGN MATERIALS: Monument signs — Cultured river rock, metal with textured finish, punch through letters, automated sign. H. AGENCY RESPONSES:None I. LETTERS FROM THE PUBLIC:None received to date. Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\1999\DR-52-99 MODS mstr sign plan drf doc 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 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)(3) Architectural Compatibility: The number, area, and height of signs as outlined in this article are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated maximum standards,the city shall give consideration to a sign's relationship to the overall appearance of the subject property as well as the surrounding area. • Eagle City Code Section 8-2A-8(A)(4) Materials 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)Definitions: AREA OF THE BUILDING FACE: The general outer surface of an exterior wall of a building. The area of the building face shall be a total area of such surface, including the area of doors and windows which open into such face, if any. AUTOMATED SIGN: A sign with a fixed or changing display capable of displaying words, Page 3 of 12 K:\Planning Dept\Eagle Applications\Dr\1999\DR-52-99 MOD5 mstr sign plan drfdoc symbols, figures or images composed of, a series of light emitting elements or moving panels or parts; including, but not limited to: tripaneled, 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. ILLUMINATION, HALO: Illumination of a sign from a light source that is not visible and is concealed or contained within the sign or located between the sign and the structure/wall. Illumination from the source of the light becomes visible in darkness when the light is reflected off of the wall/structure upon which the sign is attached. ILLUMINATION, PUNCH THROUGH LETTER: A sign with letters, logos or other sign graphics that are opaque (no light is permitted to shine through them), that are attached to a sign cabinet or structure that allows light to shine through it. The distance between the letters, logos, or other sign graphics and the background (surface of the cabinet or structure) is a maximum of one-half inch (1/2"). The light source is concealed within the cabinet or structure and is not visible except that illumination from the light source shines though transparent (nonopaque) background material for no more than one-fourth inch (1/4") around the letters, logo, and other graphics, creating a halo effect. FREEHANGING SIGNBOARD: A sign attached underneath a canopy, awning or colonnade. STATE HIGHWAY: Highways in and through the city of Eagle that are owned and maintained by the state of Idaho. These include State Highways 16, 20/26, 44 and 55. • Eagle City Code Section 8-2A-8(C)(1)(b) Each business within a multi-tenant building shall be allowed a maximum of three (3) wall signs provided that each sign is placed on a different side of the building. • Eagle City Code Section 8-2A-8(C)(1)(d) For a multi-tenant building the total sign area of all wall signs shall not exceed ten percent (10%)of the area of the building face to which they are attached, except that the total sign area for wall signs that are visible from a state highway shall be a maximum of twenty percent (20%)of the area of the building face to which they are attached. • 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 feet(15')adjacent to a roadway that is not designated as a state highway and twenty five feet (25')adjacent to any state highway. The sign area shall not exceed one hundred 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. In addition to any shopping center monument 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 feet(6')adjacent to a roadway that is not designated as a state highway and eight feet(8')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. Page 4 of 12 K:\Planning Dept\Eagle Applications\D?1999\DR-52-99 MODS mstr sign plan drf.doe • Eagle City Code Section 8-2A-8(C)(4)Freehanging Signboards: a. Freehanging signboards shall not exceed eight(8) square feet nor shall any such sign extend beyond the porch or canopy to which it is attached. b. A minimum distance of seven feet six inches(7' 6")shall be required between a walkway and the bottom of a freehanging signboard. • 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 city determines the following: (1)The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of this article; (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 creating 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 second. e. Based on brightness measured in nit(an illuminative brightness measurement equivalent to 1 candle per square meter measured perpendicular to the rays of the source); automated signs that utilize light to change frames shall contain an autodimmer allowing for no more than five thousand two hundred(5,200)nit illumination between sunrise and sunset and up to three hundred(300)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. • 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. Page 5 of 12 K:\Planning Dept\Eagle Applications\Dr\1999\DR-52-99 MODS mstr sign plan drf.doc 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, LED 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. (Ord. 699, 5-28-2013) • Eagle City Code Section 8-2A-8(C)(14) 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 requesting approval to modify the master sign plan for the Eagle Marketplace. Currently, there are two single sided monument signs associated with this shopping center. One is located on Eagle Road and the other is located on Chinden Boulevard. The building wall signage for the tenants are all 2-foot high by 10-foot wide, non-illuminated, dimensional letters, surrounded by a black metal frame. The modifications proposed with this application include the following: 1. Allow halo and exposed neon building wall signs. 2. Increase the number of building wall signs. 3. Remove existing multi-tenant monument signs and construct two new monument signs. 4. Allow automated signs on both monument signs. 5. Allow single tenant buildings to have monument signs. 6. Modify the freehanging sign boards. 7. Eliminate universal font for wall signs and frame. Both Eagle Road and Chinden Boulevard are considered state highways, thus the applicant is requesting the building wall signs within the shopping center be allowed to use 20% of the building face when calculating building wall signs for tenants. The applicant is requesting approval to utilize halo or exposed neon illumination for the tenant building wall signs. Both the size and the types of illumination proposed with this modification comply with Eagle City Code. With the shopping center being located on two state highways, the two monument signs have been designed to be 25-feet in height with 195-square feet of sign area with an automated sign located within each of the monument signs. The height and square footage of the proposed monument signs proposed with this modification comply with Eagle City Code; however, an automated sign in each of the monument signs is not permitted. Pursuant to Eagle City Code, where more than one monument sig is allowed only one sign may contain an automate sign. Also, the automated sign portion of any sign may not exceed 20% of the face of the sign. The applicant should be Page 6 of 12 K:\Planning Dept\Eagle Applications\Dr\1999\DR-52.99 MOD5 mstr sign plan drf doc required to provide revised elevations of the two proposed monument signs showing one not having an automate sign and indicating which monument sign (i.e.: Eagle Road or Chinden Boulevard) is to have the automated sign. The revised elevation should show the automated portion of the sign does not exceed 20% of the overall face of the sign. The revised elevations should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a sign permit for this site. A site plan indicating the exact location of the two monument signs in relation to the existing landscaping, fencing, roadways, and internal drive aisles should be submitted. A landscape plan showing a minimum of 585-square feet of landscape area around the base of each of the signs should be submitted. Both the site and landscape plans should show how the fence/wall will be modified to remove the existing monument signs and accommodate the new monument signs. The site and landscape plans should be reviewed and approved by the Design Review Board prior to the issuance of a sign permit for this site. • Staff recommends the following changes to the applicant's document titled "City Marketplace Master Sign Plan",with strike thru text to be deleted and underlined text to be added so as to be in compliance with Eagle City Code. EAGLE CITY MARKETPLACE MASTER SIGN PLAN Every tenant within Eagle Marketplace shall be required to submit signage plans to the 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. WALL SIGNS 1. All building wall signs shall be a maximum of 20% of the area of the building face to which they are attached. Each business is allowed a maximum of(3)wall signs provided that each sign is place on a different side of the building.No building wall signs are permitted on the north or east building elevations of the multi-tenant building. 2. Non-illuminated letters and logos shall be a minimum of'A"thickness. Illuminated letters and logos shall be halo illuminated reverse pan channel letters with L.E.D. or neon hale illumination or exposed neon illuminated face lit channel letters with eon illumination. Clear faces may be used to protect enclose the neon element. 3. Each tenant shall be required to submit signage plans to the City, accompanied by a sign permit application, for City staff review and approval prior to any signs being constructed. 4. Each individual tenant is permitted to place their business identification words or phrases on the monument sign within the approved sign area as indicated on the monument sign elevation plan. 5. Any other signage such as temporary, grand opening, etc. shall comply with Eagle City Code. 6. Any signage on doors or windows shall comply with Eagle City Code. 7. Upon termination of their lease,tenant shall neatly seal all penetrations of the building structure in a watertight condition that matches the texture,color,and material used in the construction of the building. MONUMENT FREES-TANDING SIGNS Page 7 of 12 K:\Planning Dept\Eagle Applications\Dr\1999\DR-52-99 MODS mstr sign plan drf.doc 1. Single-tenant Free standing buildings within the Shopping Center shall be permitted(1) double-face monument sign. Sign shall not exceed(8) feet in height and(60)square feet of copy area per side. Tenants shall be allowed to use their logo and font. 2. Shopping Center shall be allowed(2)multi-tenant monument pylon signs, (1)per highway frontage. Sign height shall not exceed (25) feet and sign area shall not exceed(200)square feet per side. Tenants shall be allowed to use their logo and font on individual tenant panels. Punch through illumination is required to be used for individual tenant panels. 3. One(1)(23 dDouble-faced automated sign shall be permitted as a portion of one of the a Shopping Center Signs, not to exceed 20% of the overall face of the sign. 4. Automated signs shall comply with Eagle City Code with regard to brightness and manner which content is displayed. Frame content shall not change more than every eight(8) seconds. 5. The floodlights used to illuminate monument signs shall be screened or located so they do not shine onto the roadway or onto any nearby property. The light fixtures shall be concealed or screened with perimeter landscaping providing a 12-month screen of sufficient height and density to conceal such fixtures. 6. Interior illumination is not permitted for monument signs. FREEHANGING SIGNBOARDS 1. (1)Double-face hanging sign permitted per tenant entry. 2. Sign panel to be(1)foot high and(4) feet wide, inserted into sign frame to match existing frames. 3. Tenants may use their logo font and logo colors. 4. A minimum of 7' 6"shall be provided between the walkway and the bottom of the freehanging signboard. ILLUMINATION 1. •- °... . . • . - - . -• •_ - - - --. •- - density to conceal such fixtures. - - 11. Exposed neon is permitted when used to create the sign letter(s)or as an architectural element clement. - - - - - -5. A sign permit is required for all proposed signs within the City Marketplace prior to a sign 6. All landscaping, irrigation, fencing, etc. that is damaged during the removal of the existing City issuing a zoning certificate for this site. Page 8 of 12 K:\Planning Dept\Eagle Applications\Dr\1999\DR-52-99 MOD5 mstr sign plan drf.doc • The size and location of the building wall sign for Brain Balance Achievement Center complies with the criteria of the master sign plan as modified herein. Staff defers comment regarding the design and color of the proposed building wall 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 June 12, 2014. The Board continued the item to June 26, 2014, and made their decision at that time. 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 4 to 0 (Grubb, Brasher, and Sayer absent)to approve DR-52-99 MODS for a design review application to modify the master sign plan the Eagle Marketplace, including a building wall sign for Brain Balance Achievement Center for Pinnacle Realty Management, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The monument sign elevations, date stamped by the City on June 18, 2014, showing the two monument signs with an automated signs in each are approved. Provide revised elevations of the two •- . . . . .. . . _ .. • - - --^ .o, . .. . _ . .__ . •- •=-. •. . . •- • .. -- - • _ -••• - - 2. The landscape plan, date stamped by the City on June 12, 2014, is approved. Provide a site plan fencing, roadways, and internal drive aisles should be submitted. A landscape plan showing a • • - . . _ _ ._ .. . this site. 3. The following document titled "Eagle Marketplace Master Sign Plan", shall be the master sign plan criteria for this shopping center. EAGLE MARKETPLACE MASTER SIGN PLAN Every tenant within Eagle Marketplace shall be required to submit signage plans to the 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. Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\1999\DR-52-99 MODS mstr sign plan drf doc WALL SIGNS 1. All building wall signs shall be a maximum of 20% of the area of the building face to which they are attached. Each business is allowed a maximum of(3)wall signs provided that each sign is place on a different side of the building.No building wall signs are permitted on the north or east building elevations of the multi-tenant building. 2. Non-illuminated letters and logos shall be a minimum of 1/4"thickness. Illuminated letters and logos shall be halo illuminated reverse pan channel letters with L.E.D. or neon or exposed neon illuminated channel letters. Clear faces may be used to protect the neon element. 3. Each tenant shall be required to submit signage plans to the City, accompanied by a sign permit application, for City staff review and approval prior to any signs being constructed. 4. Each individual tenant is permitted to place their business identification words or phrases on the monument sign within the approved sign area as indicated on the monument sign elevation plan. 5. Any other signage such as temporary, grand opening, etc. shall comply with Eagle City Code. 6. Any signage on doors or windows shall comply with Eagle City Code. 7. Upon termination of their lease,tenant shall neatly seal all penetrations of the building structure in a watertight condition that matches the texture, color, and material used in the construction of the building. MONUMENT SIGNS 1. Single-tenant buildings within the Shopping Center shall be permitted(1)double-face monument sign. Sign shall not exceed(8)feet in height and(60)square feet of copy area per side. Tenants shall be allowed to use their logo and font. 2. Shopping Center shall be allowed(2)multi-tenant monument signs, (1)per highway frontage. Sign height shall not exceed(25)feet and sign area shall not exceed(200)square feet per side. Tenants shall be allowed to use their logo and font on individual tenant panels. Punch through illumination is required to be used for individual tenant panels. 3. One(1)double-faced automated sign shall be permitted as a portion of one of the Shopping Center Signs, not to exceed 20%of the overall face of the sign. 4. Automated signs shall comply with Eagle City Code with regard to brightness and manner which content is displayed. Frame content shall not change more than every eight(8)seconds. 5. The floodlights used to illuminate monument signs shall be screened or located so they do not shine onto the roadway or onto any nearby property. The light fixtures shall be concealed or screened with perimeter landscaping providing a 12-month screen of sufficient height and density to conceal such fixtures. 6. Interior illumination is not permitted for monument signs. FREEHANGING SIGNBOARDS 1. (1)Double-face hanging sign permitted per tenant entry. 2. Sign panel to be(1) foot high and(4)feet wide, inserted into sign frame to match existing frames. 3. Tenants may use their logo font and logo colors. 4. A minimum of 7' 6"shall be provided between the walkway and the bottom of the freehanging signboard. 4. A sign permit is required prior to the installation of any signs on this site. Page 10 of 12 K:\Planning Dept\Eagle Applications\Dr\1999\DR-52-99 MODS mstr sign plan drf doc 5. If applicable, provide a license agreement from ITD allowing the installation of a monument sign with associated landscaping within the public rights-of-way to be reviewed and approved by staff prior to the City issuing a sign permit. 6. Ensure that the proposed monument sign locations do not impede the traffic vision triangle. 7. If the colors and materials of the buildings are modified, the monument signs shall be modified to complement the colors and materials used on the buildings. 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 May 7, 2014. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-52-99 MOD5) 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 as described herein. As provided in Eagle City Code Title 8, Chapter 2, Article A, Section 3, Effect of Other provisions, the Board recognizes that this site does not comply with a few areas of the code regarding the number of allowed automated signs and replacement of tree caliper on-site. The Board finds that this development has many challenges with regard to visibility and access. Page 11 of 12 K:\Planning Dept\Eagle Applications\Dr\1999\DR-52-99 MODS mstr sign plan drf.doc Access to this site has always been challenging because of the close proximity of the driveways to the intersection of Eagle Road and Chinden Boulevard. In 2013, the Idaho Transportation Department installed medians down the center of both Eagle Road and Chinden Boulevard,thus restricting this site to right-in/right-out vehicular access on both streets. Visibility is another challenge this development faces. Since the development was constructed in 1999, the tenants have struggled to advertise their businesses. The master sign plan has been modified five times in order to provide better signage along both Eagle Road and Chinden Boulevard. The Board recognizes that Eagle City Code only permits one monument sign to have an automated sign when more than one monument sign is permitted. The monument signs proposed with this modification show an automated sign to be installed on both monument signs. Only five (5) tenant panels are proposed below the automated portion of the sign and yet there is the possibility of at least nineteen (19) tenants being located within the multi-tenant building. The automated portion of the signs would permit signage exposure for those tenants that do not have a panel on the monument signs. Based on the location of this site being located along the perimeter of the city limits, it is not located in one of the downtown overlay districts, it is located adjacent to two state highways, and the signs are located on two different streets where one sign is not visible from the other the Board approves an automated sign on each of the proposed monument signs for a total of two (2) automated signs for this development. The Board acknowledges that the applicant is removing two (2)trees from this site and that Eagle City Code requires the caliper inches being removed to be replaced on-site. However, it is the Boards opinion that this is so over planted anyway, that the applicant not be required to replace the caliper inches on-site. DATED this 26th day of June 2014. DESIGN REVIEW BOARD OF THE ITY 0 EAGLE Ada C. , •a 1• %.SSa•aI.., ! OF Q Robe Grubb, Chairman frei O�pORq `�'•, _# ATTEST: z SEAL # 1107,• 400RAIty , OF ID Sharon K. Bergmann,Eagle Ci Clerk 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\1999\DR-52-99 MODS mstr sign plan drf.doc