Findings - CC - 2018 - DR-29-11 MOD (X-REF:DR-81-07MOD) - Modification To The Master Sign Plan For A Muti-Tenant Building, Including A Wall Sign For SodaliciousBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A
MODIFICATION TO THE MASTER SIGN
PLAN FOR A MULTI -TENANT BUILDING,
INCLUDING A BUILDING WALL SIGN FOR
SODALICIOUS FOR MIKE BEVANS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -29-11 MOD
X -REF: DR -81-07 MOD (MASTER SIGN PLAN FOR EAGLE ISLAND CROSSING)
The above -entitled design review application came before the Eagle City Council for their action on March
27, 2018. The Eagle City Council 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:
Mike Bevans, represented by Virginia Cunningham with Golden West Signs, is requesting design
review approval to modify the master sign plan for a multi -tenant building, including one (1) building
wall sign for Sodalicious. The 0.74 -acre site is located on the east side of North Fisher Park Way
approximately 200 -feet north of State Highway 44 at 94 North Fisher Park Way.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 8, 2018.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 13, 2008, the City Council approved a master sign plan for Eagle Island Crossing
Subdivision (DR -81-07). This master sign plan established criteria for the entry monument signs, multi -
tenant monument signs, Arts West School Monument sign, and building wall signage for all buildings
within the subdivision.
On September 27, 2011, the City Council approved a master sign plan for a multi -tenant
restaurant/retail building (DR -29-11). This master sign plan established more specific criteria for the
building wall signage for all tenants within 94 North Fisher Park Way and approved building wall
signage and a menu board sign for Moxie Java.
On March 26, 2012, the City Council approved a modification to the master sign plan for Eagle Island
Crossing Subdivision (DR -81-07 MOD). This master sign plan modification modified the overall
height of the multi -tenant monument sign from 8 -feet high with a sign area of 50 -square feet to 25 -feet
high with a maximum sign area of 200 -square feet, allowed the monument display on the east end of
the property to have an automated sign panel, allowed for single tenant building monument signs, and
updated how the sign area was to be calculated.
On September 13, 2017, the City approved a design review application to reface an existing menu board
sign for Sodalicious (DR -47-17).
On January 24, 2018, the City approved a design review application to construct a non -illuminated
building wall sign on the east building elevation for Sodalicious (DR -47-17 MOD).
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D. COMPREHENSIVE PLAN DESIGNATION: Mixed Use
E. ZONING DESIGNATION: MU -DA (Mixed Use with a Development Agreement)
F. COMPANION APPLICATIONS: None
G. SIGNAGE:
Sodalicious Building Wall Sign (West Elevation)
Sign Data Proposed Required*
Wall Sign Dimensions 4' 9'/2" high x 12' wide Varies
Area of Signage 45 -square feet (area of oval) 59 -square feet (20% of the area of
the building face - maximum)
Illumination
Halo illumination Interior -illumination prohibited
Materials 1/8" aluminum oval background painted Tenant's fonts and colors using
matte red, stud mounted 1" off the face of matte or flat finishes
the building, individual reverse pan
channel letters "Sodalicious" with 2"
returns painted brushed silver metallic
with brushed aluminum overlays on the
letter faces, stud mounted 1 1/2" off the face
of the background, 1" HDU "bubbles"
painted brushed silver metallic
Based on the proposed changes to the master sign plan criteria.
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, and shall be in compliance with section 8-2A-8 of this article and the current
edition of the uniform sign code adopted by the city. The Design Review Board shall consider:
a. The "overall sign concept" for multi -tenant business centers to assure that it addresses the
continuity between tenant sign design and building design;
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b. The reduction of hazards to motorists, bicyclists and pedestrians as may be caused by or
partially attributable to the distraction and obstruction of improperly located and designed
signs;
c. The provision for effective and necessary business identification systems adapted to the
building design;
d. The continued maintenance of signs throughout their life; and
e. The size, location, design, color, texture, lighting, landscaping, and hours of operations of all
permanent signs and outdoor advertising structures or features to ensure 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): Applicability:
1. All Signs: Signs shall not be erected or maintained in any district as established by the zoning
ordinance except those signs specifically enumerated in this article.
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.
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):
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.
FACE OF SIGN: The surface of the sign area upon, against or through which the message is
displayed or illustrated.
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.
SIGN: Any letters, figures, design, symbol, trademark, logo or device intended to attract attention
to any activity or service, place, subject, person, firm, corporation, public performance, machine
or merchandise whatsoever, including the display of merchandise. Sources of light used primarily
to illuminate a sign, or a building, or grounds surrounding the building, shall not be considered
signs themselves; provided however, that sources of light used primarily to attract attention to the
light itself or as a decorative feature of the display shall be considered as part of the sign.
SIGN AREA: The entire area within a single, contiguous perimeter enclosing the extreme limits
of writing, representation, logo, emblem or any figure or similar character, together with any form
or other material or color forming an integral part of the display, or used to differentiate such sign
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area from the background against which it is placed. The sign area shall not include the necessary
supports or uprights on which the sign is placed, and superficial, nonilluminated column covers,
ornamental trim and other such incidental objects attached thereto, or portions of the sign
structure which are not designed to convey a message.
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): Wall Signs (Flat and Perpendicular):
1. Wall Signs (Flat And Perpendicular):
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.
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.
e. The sign area, per side, of any perpendicular wall sign shall not exceed ten percent (10%) of
the area of the building face to which it is attached.
• 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, 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)(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 design review board 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:
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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 proposing to modify the master sign plan for a multi -tenant restaurant/retail
building to modify how the sign area is calculated and what sign colors are allowed on the building.
Below are the applicant's proposed changes to the current criteria for the "Multi -tenant
Restaurant/Retail Building Master Sign Plan" with text shown with underline to be added to the
criteria and text shown with strikethrough to be deleted from the criteria:
Multi -tenant Restaurant/Retail Building
Master Sign Plan
94 N. Fisher Park Way
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. Each tenant shall be required to submit signage plans to the building's 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. 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.
3. All tenant signs shall be designed, constructed and installed at tenant's expense.
4. No exposed conduit, brackets, fasteners or wiring of any type will be permitted. No
raceways will be permitted.
5. All signs shall meet Underwriters Laboratories and National Electrical code
requirements.
6. Tenant shall be required to fulfill all the requirements of these criteria.
B. NUMBER, LOCATION, DESIGN AND CONSTRUCTION OF SIGNS:
1. Exterior wall signs may be individual reverse pan channel letters (halo illuminated),
exposed neon, or externally illuminated.
2. Tenant shall be permitted a maximum square footage of 10% of 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. Wall area shall be calculated by multiplying
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the height of the building wall by the length (H x Ll of the tenant's
elevation. .. '.
3. Tenants will be allowed to use fonts and 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.
4. Any other signage such as temporary grand opening, etc. shall be approved by landlord
prior to installation and comply with Eagle City Code.
5. Any signage on doors or windows shall be approved by landlord prior to installation and
comply with Eagle City Code.
6. No monument or directional signs are proposed and none are approved.
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.
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 the texture,
color, and material used in the construction of the building.
• Eagle City Code Section 8 -2A -8(A) states, "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." Staff defers comment
regarding the proposed changes to the master sign plan criteria and the Sodalicious building
wall sign to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff defers comment regarding the proposed changes
to the master sign plan to the Design Review Board. If the Board approves the application, staff
recommends 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 22, 2018,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 27:44)
• The Board affirms the size of the building wall sign proposed.
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• The Board is concerned with the relationship of the building wall sign (shape and color) to the
existing decorative half-timber trim on the building elevations. The Board recommends adding a
tan rectangular frame around the oval sign that will match the building wall color and be more
cohesive with the other signs within the shopping center.
• The Board affirms that by adding a rectangular frame around the proposed sign, the corporate logo
for Sodalicious is not being altered.
• The Board affirms that all tenant panel background colors on the multi -tenant monument sign
should be a consistent cream color and the current master sign plan (DR -81-07 MOD) should not
be modified.
BOARD RECOMMENDATION REGARDING DR -81-07 MOD:
The Board voted 5 to 0 (Grubb and Brasher absent) to recommend the Eagle Island Crossing master sign
plan (DR -81-07 MOD) not be modified and to maintain the required cream color background on all
monument sign tenant panels.
Note: The Board was supportive of the removal of item B(2)(f) requiring the all tenants to use 1/8" routed
aluminum letters painted flat or matte black due to the master sign plan exhibit showing all tenant panels
to have a cream colored background with vinyl overlay.
BOARD RECOMMENDATION REGARDING DR -29-11 MOD:
The Board voted 5 to 0 (Grubb and Brasher absent) to approve DR -29-11 MOD for a design review
application to modify the master sign plan for a multi -tenant building, including one (1) building wall
sign for Sodalicious for Mike Bevans, with the site specific conditions of approval and standard
conditions of approval provided within their findings of fact and conclusions of law, dated March 8, 2018.
PUBLIC MEETING OF THE COUNCIL:
A.
B.
A meeting to consider the application was held before the City Council on March 27, 2018, at which
time the Council made their decision. On April 10, 2018, upon review of their findings of fact and
conclusions of law, the Council clarified their decision.
Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION REGARDING DR -81-07 MOD:
The Council voted 4 to 0 to approve the following changes to the master sign plan for Eagle Island
Crossing (DR -81-07 MOD) with text shown with strikethrough to be deleted by the Council.
2. Multi -tenant Monument Signs
f) Tenants are permitted to use their font on the monument sign. All -tenants 0 11 uac 1/8"
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COUNCIL DECISION REGARDING DR -29-11 MOD:
The Council voted 4 to 0 to approve DR -29-11 MOD for a design review application to modify the
master sign plan for a multi -tenant building, including one (1) building wall sign for Sodalicious for Mike
Bevans, with the following Design Review Board recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Council and text
shown with strikethrough to be deleted by the Council.
On April 10, 2018, upon review of their findings of fact and conclusions of law, the Council clarified
their decision with regard to the removal of the noncompliant monument sign tenant panel prior to the
issuance of a sign permit for the building wall sign (see site specific condition of approval No. 5) herein.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The following shall be the master sign plan for the multi -tenant restaurant/retail building:
Multi -tenant Restaurant/Retail Building
Master Sign Plan
94 N. Fisher Park Way
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. Each tenant shall be required to submit signage plans to the building's 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. 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.
3. All tenant signs shall be designed, constructed and installed at tenant's expense.
4. No exposed conduit, brackets, fasteners or wiring of any type will be permitted. No
raceways will be permitted.
5. All signs shall meet Underwriters Laboratories and National Electrical code
requirements.
6. Tenant shall be required to fulfill all the requirements of these criteria.
B. NUMBER, LOCATION, DESIGN AND CONSTRUCTION OF SIGNS:
1. Exterior wall signs may be individual reverse pan channel letters (halo illuminated),
exposed neon, or externally illuminated.
2. Tenant shall be permitted a maximum square footage of 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. Wall area shall be calculated by multiplying the height of the
building wall by the length (H x L) of the wall for that portion of the building the tenant
occupies.
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3. Tenants will be allowed to use fonts and 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.
4. Any other signage such as temporary grand opening, etc. shall be approved by landlord
prior to installation and comply with Eagle City Code.
5. Any signage on doors or windows shall be approved by landlord prior to installation and
comply with Eagle City Code.
6. No monument or directional signs are proposed and none are approved.
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.
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 the texture,
color, and material used in the construction of the building.
2. Comply with DR -81-07 MOD for monument sign and monument sign tenant panel requirements.
3. A sign permit is required prior to the installation of any signs on this site.
4.
gulbr beak nd to at h the
Tkz rcvisz3 c4r. :Irv.'tion-shall bezey-iewed-and
or o the i
5. The noncompliant monument sign tenant panel shall be brought into compliance with the master sign
plan (DR -81-07) prior to the issuance of a sign permit for the building wall sign. A sig_ n permit is
reauired for the new monument sign tenant panel.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
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5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
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11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
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elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1 The Council reviewed the particular facts and circumstances of this proposed design review application
(DR -29-11 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13(B)(2)(i), and has concluded:
i. The building wall sign, without the addition of a tan rectangular background located behind the
proposed oval sign, will be harmonious with the architectural design of the building and existing
signs throughout the shopping center and will not cover or detract from desirable architectural
features.
3. With regard to the monument sign tenant panel portion of the design review application (DR -81-07
MOD) the Council determined that the master sign plan shall not be changed and that all monument
sign tenant panels shall have a consistent cream colored background.
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DATED this 10th day of April 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
thoSharon K. Bergmann, Eagle City Cl- k
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