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Findings - DR - 2016 - DR-34-16 - Master Sign Plan For East End MarketplaceBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A MASTER SIGN PLAN FOR EAST END MARKETPLACE FOR TPC COMMERCIAL, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -34-16 The above -entitled design review application came before the Eagle Design Review Board for their action on June 23, 2016. 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: TPC Commercial, LLC, represented by Walter Lindgren with Lindgren:Labrie Architecture, is requesting design review approval of the master sign plan for the East End Marketplace. The 15.55 - acre site is generally located on the east side of South Edgewood Lane between State Highway 44 and East State Street inclusive of 1601, 1782, and 1794 East McGrath Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 19, 2016. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 13, 2007, the Eagle City Council approved a Comprehensive Plan Map Amendment, a rezone with development agreement, a vacation, and a preliminary plat application for Eagle Gateway Subdivision (CPA-02-06/RZ-08-06/VAC-01-06/PP-09-06). On January 12, 2016, the Eagle City Council approved a Comprehensive Plan Map Amendment and a rezone with a development agreement for East End Marketplace (CPA -05-15 & RZ-11-15). On April 14, 2016, the Eagle Design Review Board approved a design review application for the common area landscaping within East End Marketplace, including a specialty retail store (food and beverage sales) for TPC Commercial, LLC (DR -06-16). D. COMPANION APPLICATIONS: None E. ZONING DESIGNATION: C -2 -DA (Commercial -General Business with a development agreement) and MU -DA (Mixed Use with a development agreement). Page Iof11 &APlanning Dept\Eagle ApplicationADA2016OR-34-16 East End Marketplace MSP drf.docx F. SIGNAGE: Center Sign Monument Sign (One sign) Sign Data Proposed Required Sign Dimensions 27' 10" high x 11' 4" wide 25' hi h (maximum) Area of Signage 193 -square feet (approximately) 200-s uare feet (maximum) Illumination East -End - exposed neon E -E Symbol - halo illumination Marketplace - punch through illumination Tenants on tenant panels - halo illumination Interior -illumination prohibited Sign Landsca in 318 -square feet (approximately) 579 -square feet (minimum) Center Pylon Monument Signs (Four signs) Sign Data Proposed Required Sign Dimensions 9' 6" high x 4' wide (8' 4" if roof assembly is not included in measurement) 8' high (maximum)* Area of Signage 11 -square feet 60-s uare feet (maximum)* Illumination E -E Symbol - halo illumination Marketplace - punch through illumination Interior -illumination prohibited Sign Landsca in g 13.5 -square feet (appro,matel) 13 -square feet (minimum) *Note: ECC 8 -2A -8(C)(3) Hei¢ht and souare footage allnwed for suhdivkinn rrtnnnmPnt sionc Tenant Monument Sign (Eight signs) Sign Data Proposed Required Sign Dimensions 9' high x 15' wide 6' high (maximum)* (8' 4" if roof assembly is not included in 8' high (maximum)** measurement) Area of Signage 46 -square feet total 40 -square feet (maximum)* 6 -square feet (E -E Symbol) 60 -square feet (maximum)** 40 -square feet (tenant(s) sign area(s)) Illumination E -E Symbol - embossed in concrete Interior -illumination prohibited Tenant signs - exposed neon 11 Sign Landscaping I 216 -square feet (approximately) 138 -square feet (minimum) *Note: ECC 8-2A-8(C)(2)(f) Tenant monument sign height and square footages allowed for signs located adjacent to local roadways. **Note: ECC 8-2A-8(C)(2)(f) Tenant monument sign height and square footages allowed for signs located adjacent to state highways. Page 2 of 11 KAPlanning Dept\Eagle ApplicationADA2016OR-3416 East End Marketplace MSP drf.docx G. SIGN MATERIALS: Weathered steel, concrete, rustic fiber -cement board siding, punch through illumination, exposed neon, halo illumination. H. AGENCY RESPONSES: None. 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. 0 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(B) Definitions: GRADE: The elevation or level of the street closest to the sign to which reference is made, as measured at the street's centerline, or top of curb if one exists, adjacent to where the sign is to be placed, or the relative ground level in the immediate vicinity of the sign if determined by the zoning administrator to be an accurate determination for grade with regard to the intent of this article. HEIGHT OF SIGN: The vertical distance measured from the grade to the highest point of a sign or any vertical projection thereof. Architectural elements used above any sign area may be excluded from the maximum height measurement if the city determines that said architectural elements add to the character of the sign and do not create an overbearing appearance in relation to the sign, building and area. 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 Page 3 of 11 KAPlanning Dept Eagle ApplicationADA2016tDR-3416 East End Marketplace MSP drf.docx graphics and the background (surface of the cabinet or structure) is a maximum of one-half inch ('/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 ('/4") around the letters, logo, and other graphics, creating a halo effect. MASTER SIGN PLAN: A plan designed to show the relationship of signs for any cluster of buildings intended for business occupancy, or any single building containing more than one business or any arrangement of business buildings or shops which constitute a visual entity as a whole. These include developments such as shopping centers, mini -malls, business parks, and multi -tenant commercial, office or industrial buildings housing four (4) or more businesses. Additionally, a master sign plan may be submitted for a single business if the owner chooses to submit an application for a master sign plan for said business MONUMENT SIGN: A freestanding sign with a solid base, including rock signs, or with supports that are designed to be structurally similar to the sign construction, and which incorporate architectural features which complement the sign construction. Pole type supports are not permitted for monument signs, unless enclosed within the monument sign structure. SUBDIVISION SIGN: A permanent on premises sign used to identify a subdivision • 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. • Eagle City Code Section 8-2A-8(C)(2)(g) The minimum distance between monument signs on a single parcel, shall be one hundred feet (100'). • 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 Page 4 of 11 KAPlanning Dept\Eagle ApplicationAD62016OR-34-16 East End Marketplace MSP drf.docx 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, 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. • 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. • 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 extraordinary 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. C. DISCUSSION: The applicant is requesting design review approval of the master sign plan for East End Marketplace located on the northeast corner of State Highway 44 and South Edgewood Lane. Staff recommends the following criteria for the "East End Marketplace Master Sign Plan". East End Marketplace Master Sign Plan 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 Page 5 of 11 KAPlanning Dept\Eagle ApplicationADA2016\1311-3416 East End Marketplace MSP drf.docx conformance at the expense of the tenant. A. GENERAL APPROVAL REQUIREMENTS: 1. Every owner of any proposed building within East End Marketplace shall be required to submit signage plans to the shopping centers 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 East End Marketplace 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. 7. Tenant shall be required to fulfill all the requirements of these criteria. B. LARGE MULTI -TENANT CENTER SIGN (CS -1) REQUIREMENTS: 1. One 25 -foot high multi -tenant center sign is permitted on State Highway 44. 2. Tenant copy will be fabricated from reverse pan channel halo illuminated letters. 3. Tenant copy will be brushed satin. 4. Tenant may use font and logo. 5. Tenant copy will use white LED halo illumination. 6. Background color of all tenant panels will be Woodtone "Rustic Series" (River Rock) vertical orientation. 7. The "East — End" will be pan channel letters with exposed white neon on a dress blues background with brushed satin frame. 8. The "E—E" logo and circle will be brushed satin with blue halo illumination. 9. The "Marketplace" will be punch through letters with the distance between the letters and the background to be 1/2 -inch. No more than 1/a -inch around the letters may be illuminated from the light source shining through the transparent background material. C. TENANT SIGNS AND MULTI -TENANT SIGNS (TS -1 AND TS -2) REQUIREMENTS: 1. Tenant signs on State Highway may be 8 -feet high with a 60 -square foot tenant panel area. 2. Tenant signs located on South Edgewood Lane or East State Street may be 6 -feet high with a 40 -square foot tenant panel area. Page 6 of 11 KAPlanning DeptlEagle ApplicationADA2016\DR-34-16 East End Marketplace MSP drf.docx 3. The "E—E" logo and circle will be embossed into the concrete and illuminated by ground mounted light fixtures. 4. Background color of all tenant panels will be Woodtone "Rustic Series" (River Rock) vertical orientation. 5. Tenant copy and logo will use exposed neon in the tenant's colors. D. CENTER MONUMENT SIGNS (CS -2) REQUIREMENTS: 1. Center signs on State Highway may be 8 -feet high with a 60 -square foot tenant panel area. 2. Center signs located on South Edgewood Lane or East State Street may be 6 -feet high with a 40 -square foot tenant panel area. 3. The "E—E" logo and circle will be brushed satin with blue halo illumination. 4. The "Marketplace" will be punch through letters with the distance between the letters and the background to be 1h -inch. No more than 1/4 -inch around the letters may be illuminated from the light source shining through the transparent background material. The frame around the "Marketplace" will be brushed silver with blue halo illumination. The elevation plans, date stamped by the City on June 21, 2016, show the "Marketplace" on the Center Sign (CS -1) to have punch through letters with a distance of 3/4 -inch between the letters and the background. Additionally, the letters are to have 3/8 -inch exposed acrylic. Pursuant to Eagle City Code, the maximum distance between the letters and the background may be 1h -inches and the maximum exposed transparent background material may be 1/4 -inches. The applicant should be required to provide revised elevation plans of the Center Sign (CS -1) showing the maximum distance between the letters and the background to be 1/z -inches and the maximum exposed transparent background material of the letter and/or logo to be a maximum of 1/4 -inches. The revised elevation plans should be reviewed and approved by staff prior to the issuance of a sign permit. The elevation plans, date stamped by the City on May 19, 2016, show the height of all proposed monument signs exceeding that which is permitted within Eagle City Code. The elevation plans reference a "control elevation". Pursuant to Eagle City Code, grade is the elevation or level of the street closest to the sign to which reference is made and is measure at the street's centerline. The height of a sign is measured from the grade to the highest point of a sign or any vertical projection thereof. Architectural elements used above any sign area may be excluded from the maximum height measurement if the city determines that said architectural elements add to the character of the sign. Pursuant to Eagle City Code, the maximum height of a shopping center sign may be 25 - feet when located adjacent to a state highway. The maximum height of single tenant monuments signs may be 8 -feet when located adjacent to a state highway and a maximum of 6 -feet when located adjacent to all other roadways. The applicant should be required to provide revised elevation plans showing the height of the shopping center sign not exceeding 25 -feet and the height of single tenant signs not exceeding 8 -feet (if located adjacent to a state highway) of 6 -feet as measured from the centerline of the adjacent roadway. A cross section showing the height of the monument signs in relation to the adjacent roadway should be submitted. The revised elevation plans should be reviewed and approved by staff prior to the issuance of a sign permit. Pursuant to Eagle City Code, a 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 extraordinary conditions exist with allow suspension or relaxation, but that any suspension or relaxation will still meet the intent of the code. The applicant is requesting approval of Center Pylon (CS -2) signs to be located at the entrance on State Highway 44, South Edgewood Lane, and two of the entrances on East State Street. The Center Pylon (CS -2) signs have only the E—E logo and "Marketplace" signage proposed on them. No Page 7 of 11 KAPlanning Dept\Eagle ApplicationADA2016OR-34-16 East End Marketplace MSP drf.docz tenant signage is shown to be located on these signs. Staff defers comment regarding the Center Pylon (CS -2) and if they should be permitted to the Design Review Board. If the Board determines that the Center Pylon (CS -2) signs are not permitted, the section of the master sign plan referencing the Center Pylon (CS -2) should be removed from the criteria. The landscape plans, date stamped by the City on June 21, 2016, show 318 -square feet of landscaping to be located around the base of the Center Sign (CS -1) and 13.5 -square feet around the base of the Center Pylon (CS -2) signs. Pursuant to Eagle City Code, the amount landscaping required shall be three (3) times the size of the largest sign area. The applicant should be required to provide a revised landscape plan showing a minimum of 579 -square feet of landscaping around the base of the Center Sign (CS -1) and a minimum of 33 -square feet around the base of the Center Pylon (CS -2) signs. The landscape plan should identify the specific plant material to be planted at the base of each of the monument signs. The revised landscape plan 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 design and color of all 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 June 23, 2016, 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 3 to 0 (Schafer, Baer, Germano, and Koci absent) to approve DR -34-16 for a design review sign application for a master sign plan for East End Marketplace for TPC Commercial, 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: The following shall be the master sign plan criteria for the business located within East End Marketplace: East End Marketplace Master Sign Plan 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 East End Marketplace shall be required to submit signage plans to the shopping centers 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 Page 8 of 11 KAPlanning Dept\Eagle ApplicationADr12016\DR-3416 East End Marketplace MSP drf.docx conflict between Eagle City Code and the criteria specified herein, the more restrictive requirements shall apply. 2. Each building within the East End Marketplace 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. 7. Tenant shall be required to fulfill all the requirements of these criteria. B. LARGE MULTI -TENANT CENTER SIGN (CS -1) REQUIREMENTS: 1. One 25 -foot high multi -tenant center sign is permitted on State Highway 44. 2. Tenant copy will be fabricated from reverse pan channel halo illuminated letters. 3. Tenant copy will be brushed satin. 4. Tenant may use font and logo. 5. Tenant copy will use white LED halo illumination. 6. Background color of all tenant panels will be Woodtone "Rustic Series" (River Rock) vertical orientation. 7. The "East — End" will be pan channel letters with exposed white neon on a dress blues background with brushed satin frame. 8. The "E—E" logo and circle will be brushed satin with blue halo illumination. 9. The "Marketplace" will be punch through letters with the distance between the letters and the background to be 1h -inch. No more than 1/4 -inch around the letters may be illuminated from the light source shining through the transparent background material. 10. Additional tenant panels may be added as long as the overall square footage does not exceed that which is already shown within this area of the sign C. TENANT SIGNS AND MULTI -TENANT SIGNS (TS -1 AND TS -2) REQUIREMENTS: 1. Tenant signs on State Highway may be 8 -feet high with a 60 -square foot tenant panel area. 2. Tenant signs located on South Edgewood Lane or East State Street may be 6 -feet high with a 40 -square foot tenant panel area. 3. The "E—E" logo and circle will be embossed into the concrete and illuminated by ground mounted light fixtures. 4. Background color of all tenant panels will be Woodtone "Rustic Series" (River Rock) vertical orientation. 5. Tenant copy and logo will use exposed neon in the tenant's colors. D. CENTER MONUMENT SIGNS (CS -2) REQUIREMENTS: 1. Center signs on State Highway may be 8 -feet high with a 60 -square foot tenant panel area. Page 9 of 11 KAIPlanning Dept\Eagle Applications0r120WDR-34-16 East End Marketplace MSP drf.docx 2. Center signs located on South Edgewood Lane or East State Street may be 6 -feet high with a 40 -square foot tenant panel area. 3. The "E—E" logo and circle will be brushed satin with blue halo illumination. 4. The "Marketplace" will be punch through letters with the distance between the letters and the background to be 1/2 -inch. No more than 1/4 -inch around the letters may be illuminated from the light source shining through the transparent background material. The frame around the "Marketplace" will be brushed silver with blue halo illumination. 2. Provide revised elevation plans of the Center Sign (CS -1) showing the maximum distance between the letters and the background to be 1/z -inches and the maximum exposed transparent background material of the letter and/or logo to be a maximum of 1/a -inches. The revised elevation plans shall be reviewed and approved by staff prior to the issuance of a sign permit. 3. Provide revised elevation plans showing the height of the shopping center sign not exceeding 25 -feet and the height of single tenant signs not exceeding 8 -feet (if located adjacent to a state highway) of 6 - feet as measured from the centerline of the adjacent roadway. A cross section showing the height of the monument signs in relation to the adjacent roadway shall be submitted. The revised elevation plans shall be reviewed and approved by staff prior to the issuance of a sign permit. 4. Provide a revised landscape plan showing a minimum of 579 -square feet of landscaping around the base of the Center Sign (CS -1) and a minimum of 33 -square feet around the base of the Center Pylon (CS -2) signs. The landscape plan shall identify the specific plant material to be planted at the base of each of the monument signs. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a sign permit. 5. A sign permit is required prior to the installation of any signs on this site. 6. Ensure that any proposed monument sign locations do not impede the traffic vision triangle. 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 Page 10 of 11 KAPlanning Dept\Eagle ApplicationADA201RDR-3416 East End Marketplace MSP drfdocx 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 19, 2016. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -34-16) 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 141 day of July 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho b, Chairman ATTEST: A–� 'C6�� a—:�K -4 Sharon . Bergmann, Eagle City/Clerk look. Q0 VORA?T'pf� O • �% sex I- o r••• �� hT1Rp(]N.�OP��••� of • Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 11 of 11 K:Tlanning DepdEagle ApplicationADA2016W.34-16 East End Marketplace MSP drf docz