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Findings - CC - 2018 - DR-19-18 - Master Sign Plan For Mustang Crossing Development Including Building And Monument SignageBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MASTER SIGN PLAN ) FOR MUSTANG CROSSING DEVELOPMENT, ) INCLUDING BUILDING AND MONUMENT ) SIGNAGE FOR JACKSONS FOOD STORES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -19-18 The above -entitled design review application came before the Eagle City Council for their action on June 12, 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: Jacksons Food Stores, represented by Eric Williams with YESCO, LLC, is requesting design review approval for a master sign plan for Mustang Crossing Development, including building wall and monument signage for Jacksons Food Stores. The 12.13 -acre site is located on the northeast corner of West State Street and North Park Lane at 2950 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 5, 2018. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 18, 2007, the City Council approved a comprehensive plan text amendment, rezone with development agreement (in lieu of a PUD) and preliminary plat for Millpark Village Subdivision (CPA- 01-07/RZ-07-07/PP-09-07). On October 14, 2008, the City Council approved an extension of time for the preliminary plat for Millpark Village Subdivision to be valid until December 18, 2009. On March 9, 2010, the City Council approved an extension of time application for Millpark Village Subdivision until December 18, 2010 (EXT -28-09). On January 11, 2011, the City Council approved an extension of time for the preliminary plat for Millpark Village Subdivision to be valid until December 18, 2011 (EXT -13-10). The original executed development agreement (Instrument #108005081) associated with the property expired on January 15, 2015. On July 25, 2017, the City Council approved a rezone with development agreement application for Mustang Crossing (RZ-04-17). On August 24, 2017, the Design Review Board a design review application for the common area landscaping within Mustang Crossing Development, including the construction of a convenience store with fuel service and fuel island canopy (DR -31-17). On January 29, 2018, the City approved a lot line adjustment for Jacksons Food Stores (LLA -08-17). D. COMPREHENSIVE PLAN DESIGNATION: Mixed Use E. ZONING DESIGNATION: MU -DA (Mixed Use with development agreement) Page 1 of 22 K:\Plammng Dept\L•agle Applications\Dr\2018\DR 19 18 Mostang Crossing MSP cc(docx F. COMPANION APPLICATIONS: None G. SIGNAGE: Sign Data Wall Sign Dimensions Area of Signage Illumination Materials *Note: Area of sign allowed based Sign Data Wall Sign Dimensions Area of Signage Illumination Materials Sign Data Wall Sign Dimensions Area of Signage Illumination Materials Jacksons Building Wall Sign (South Elevation) Proposed Required 2' 7" high x 10' wide 26 -square feet N/A 260 -square feet (maximum)* Externally illuminated with light fixtures Interior -illumination prohibited (3000K) Background panel - 1/8" aluminum mounted As required within the master flush to the face of the building, painted white sign plan with red vinyl Jacksons - 2" thick medex painted white and mounted flush to the background on it being visible from State Highway 44 pursuant to ECC 8-2A-8(C)(1)(c). Jacksons Building Wall Sign (East Elevation) Proposed 2' 7" high x 10' wide 26 -square feet Required N/A 205 -square feet (maximum) Externally illuminated with light fixtures Interior -illumination prohibited (3000K) Background panel - 1/8" aluminum mounted flush to the face of the building, plan painted white with red vinyl Jacksons - 2" thick medex painted white and mounted flush to the background As required within the master sign Jacksons Building Wall Sign (West Elevation) Proposed 2' 7" high x 10' wide 26 -square feet Externally illuminated with light fixtures (3000K) Background panel - 1/8" aluminum mounted flush to the face of the building, plan painted white with red vinyl Jacksons - 2" thick medex painted white and mounted flush to the background Required N/A 213 -square feet (maximum) Interior -illumination prohibited As required within the master sign Page 2 of 22 K:u'Ianning Dept\Eagle Applications\DA2018\DR-19-I8 Mustang Crossing MSI' cct docx Sign Data Wall Sign Dimensions Area of Signage Illumination Materials *Note: Twenty (20) square feet Sign Data Wall Sign Dimensions Area of Signage Illumination Two Fuel Canopy Signs (East and West Elevations) Proposed 2' high x 10' wide 20 -square feet Halo -illuminated Chevron — 3'/" deep reverse pan channel letters, painted white, pegged off the face of the canopy 1 '/", halo illuminated with white LED maximum pursuant to ECC 8-2A-8(C)(5)(c). Fuel Canopy Sign (South Elevation) Proposed 2' 1" high x 2' 4" wide 5 -square feet Halo -illuminated Materials Chevron Logo — 3 1/" deep reverse pan channel, overlaid with red or blue vinyl to match logo, pegged off the face of the canopy 1 t/", halo illuminated with white LED *Note: Twenty (20) square feet maximum pursuant to ECC 8-2A-8(C)(5)(c). Main Multi -tenant Monument Sign (located on State Highway 44) Required N/A 20 -square feet (maximum)* Interior -illumination prohibited As required within the master sign plan criteria Required N/A 20 -square feet (maximum)* Interior -illumination prohibited As required within the master sign plan criteria Sign Data Sign Dimensions Area of Signage Illumination Sign Landscaping Materials Proposed 25' high x 13' 4" wide 200 -square feet 39 -square feet automated sign area 4 - Ground mounted light fixtures (3000K) 600 -square feet (approximately) Base - Boral Cultured Stone Bucks County Aluminum structure — painted black, meadowlark, brown tar, and duranodic. Background panels — 1/8" aluminum painted dover white with black trim. Tenant copy and logo permitted on dover white background *Note: Sign height and area of signage allowed based on the sign being located adjacent to a State Highway pursuant to ECC 8-2A-8(C)(2)(f). Required 25' high (maximum)* 200 -square feet (maximum)* 40 -square feet (maximum allowed for automate sign areas) Interior -illumination prohibited 600 -square feet (minimum) As required within the master sign plan criteria. Page 3 of 22 K:Wlanning Dept \Eagle Applications\DA2018\DR-19-I8 Mustang Crossing MSI' ccf.docx North Park Multi -tenant Monument Sign (located on North Park Lane) Sign Data Sign Dimensions Area of Signage Illumination Sign Landscaping Materials Sign Data Sign Dimensions Area of Signage Illumination Sign Landscaping Materials Proposed 15' high x 11' wide 90 -square feet 4 - Ground mounted light fixtures (3000K) 600 -square feet (approximately) Base - Boral Cultured Stone Bucks County Aluminum structure — painted black, meadowlark, brown tar, and duranodic. Background panels — 1/8" aluminum painted dover white with black trim. Tenant copy and logo permitted on dover white background Jacksons Monument Sign Proposed 8' high x 10' 6" wide 50 -square feet 9 -square foot automated reader board area 4 - Ground mounted light fixtures (3000K) 400 -square feet (approximately) Base - Boral Cultured Stone Bucks County Aluminum structure — painted meadowlark and Chevron dark gray. Tenant copy and logo — White with red and blue Chevron. Jacksons Automated reader board Required 15' high (maximum) 140 -square feet (maximum) Interior -illumination prohibited 270 -square feet (minimum) As required within the master sign plan criteria. Required 8' high (maximum) 60 -square feet (maximum) Including automated reader board which may not exceed 10 -square feet (maximum) Interior -illumination prohibited 150 -square feet (minimum) As required within the master sign plan Automated reader board Page 4 of 22 K:U'lanning Dept\Eagle Applicalions\DA2018\DR-19-18 Mustang Crossing MSP ccf.doex Future Tenant Monument Sign Sign Data Proposed Sign Dimensions Area of Signage Illumination Sign Landscaping Materials 8' high x 6' 7" wide 23 -square feet 4 - Ground mounted light fixtures (3000K) 225 -square feet (approximately) Base - Boral Cultured Stone Bucks County Aluminum structure — painted black, meadowlark, brown tar, and duranodic. Background panels — 1/8" aluminum painted dover white with black trim. Tenant copy and logo permitted on dover white background *Note: Sign height and area of signage allowed based on the sign being located adjacent to a State Highway (ECC 8-2A- 8(C)(2)(f)) 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: Required 8' high (maximum)* 60 -square feet (maximum)* Interior -illumination prohibited 69 -square feet (minimum) • 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. a. The "overall sign concept" for multi -tenant business centers to assure that it addresses the continuity between tenant sign design and building design; 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; Page 5 of 22 K:\Planning Dept\Eaglc ApplicationsUM2OIRDR-19-18 Mustang Crossing MSP cctldocx 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(B) 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. • Eagle City Code Section 8-2A-8(C)(1)(c) For a single -tenant building the total sign area of any wall sign shall not exceed ten percent (10%) of the area of the building face to which it is attached, except that any wall sign that is visible from a state highway shall be permitted a maximum of twenty percent (20%) of the area of the building face to which it is attached. • Eagle City Code Section 8-2A-8(C)(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)(5) Fuel Island Signs: a. Fuel island canopies shall be permitted to have a maximum of three (3) signs. b. The signs shall be attached to, or painted on, the canopy face. c. The height and width of the sign shall be reviewed with regard to its proportional relationship to the height and width of the canopy face to which it is attached or painted. The sign area shall be a maximum of twenty (20) square feet but in no case shall the sign cover more than one- third (1/3) of the area of the face of the canopy to which it is attached or painted. d. If two (2) signs are proposed, each sign shall be located on a different side of the canopy and should be oriented to face oncoming traffic. e. A one square foot sign may be permitted for the fuel logo or fuel brand only on each side of each fuel dispenser or spandrel attached thereto. Page 6 of 22 K:\Planning Dept\f agle Applications\Dr\2018\DR-19-18 Mustang Crossing MSP cctdocx • 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), the transitional development area (TDA), and the community entry development area (CEDA). 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 once 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. 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. Page 7 of 22 K:Wlanning DepIU:agle ApplicationsWfai)181DR 19.18 Mustang Crossing MSP ccfdocx 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: 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 a master sign plan for Mustang Crossing Development which includes a multi -tenant monument sign with an automated sign along State Street, a multi -tenant monument sign on North Park Lane, future tenant monument signs. This approval also includes three (3) building wall signs, three (3) canopies signs, and one (1) monument sign for Jacksons Food Stores. • Staff recommends the following changes to the "Mustang Crossing Master Sign Plan" with strike through text to be deleted and underlined text to be added so as to be in compliance with Eagle City Code. Mustang Crossing Master Sign Plan GENERAL APPROVAL REOUIREMENTS 1. CITY APPROVAL REQUIRED - All signs shall comply with current applicable requirements of the City of Eagle sign ordinance and with the adopted Master Sign Plan for Mustang Crossing. A design review sign application. accompanied by the written approval of the managing entity. shall be submitted to the City for any proposed sins for City review and approval. In cases of any conflict between Eagle City Code and the criteria specified herein. the more restrictive requirements shall apply. It shall be the responsibility of the owner or occupant of any tenant or business within the development named Mustang Crossing to obtain all required local sign permits or required governmental approvals prior to erecting any sign. 2. MANAGING ENTITY LANDLORD APPROVAL REQUIRED - Each owner or occupant must submit two sets of detailed drawings of all proposed signs indicating the location, size, Page 8 of 22 K:Wlanning Dcpt\Gagle Applications \Dr\2f i 18\DR-19-18 Mustang Crossing MSP ccf docx layout, design, colors, illumination method, materials and method of attachment to the managing entity landlerd for approval prior to submitting fer aft design review sign application and sign permit to the City of Eagle ' After the proposal is reviewed, the managing entity landlerd will return one set of drawings marked either "Approved", "Approved as noted" or Revise and Resubmit." If marked "Approved" the owner/occupant is permitted to proceed with permitting with the City of Eagle. If marked "Approved as Noted" the owner/occupant must make any revisions noted on the plans prior to proceeding with permitting with the City of Eagle. If marked "Revise and Resubmit" the drawings will be returned with comments and should be revised accordingly. The owner/occupant must then resubmit to the managing entity Landlerd for an additional review prior to proceeding with the permit process. 3. Every owner of any proposed building within Mustang Crossing shall be reauired to submit signage plans to the managing entity for written approval. A design review application accompanied by the written approval from 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 state herein. 4. CONTENT - All signage shall be restricted to the identification of the business or primary services located within the business premises. This may include, name of the business, tag line and any and all associated trademarks or logos. 5. CODE COMPLIANCE - All displays and their installation shall comply with applicable City, and State building, and electrical codes. MULTI -TENANT AND TENANT MONUMENT SIGNS Two (2) multi -tenant monument signs displays will be provided at the expense of the managing entity landlerd for the use of individual owners/occupants inside the development for the purpose of advertising at the street level. One multi -tenant monument sign display will be installed along State Street and a second multi -tenant monument sig_ n the -sem will be installed along North Park Lane. Single tenant or shared monument signs will be provided at the expense of the managing entity or by the owner/occupant based on the lease agreement. Tenant monument signs will be installed alone State Street. A minimum separation of 100' shall be reauired between all monument signs including the multi -tenant monument sign. A monument sign for Jacksons Food Stores will be provided by the managing entity alone State Street. 1. NORTH PARK LANE MULTI -TENANT MONUMENT SIGN A. One (1) 15' tall multi -tenant monument sign with 90 -square feet of sign area will be located near the southeast corner of North Park Lane and Mustang Street. B. Tenant background panels will be fabricated from 1/8" thick aluminum painted Dover White (3630-111). C. Tenant copy will be fabricated from 1/8" thick aluminum and stood off the tenant background panels 1". Tenants are allowed to use their copy and logos in their colors. D. "Mustang Crossing" copy to be fabricated from 1/8' thick aluminum painted black and stood off the stone base 1". Page 9 of 22 K: Planning Dcpt\Laglr Applications\Dr\2018\DR-19-18 Mustang Crossing MSP ccfdocx E. The monument sign will be illuminated by ground mounted LED light fixtures (3000K maximum). The ground mounted light fixtures will be screened by plant material for year-round screening. F. Tenant panels and locations will be assigned by the managing entity. G. A sign permit is required prior to the installation of any tenant panels on the monument sign. 2. STATE STREET MULTI -TENANT MONUMENT SIGN A. One (1) 25' tall multi -tenant monument sign with 200 -square feet of sign area will be located on State Street at the main entrance to Mustang Crossing (approximately 1.000 - feet east of North Park Lane). B. Tenant background panels will be fabricated from 1/8" thick aluminum painted Dover White (3630-111). C. Tenant copy will be fabricated from 1/8" thick aluminum and stood off the tenant background panels 1". Tenants are allowed to use their copy and logos in their colors. D. "Mustang Crossing" copy to be fabricated from 1/8' thick aluminum painted black and stood off the stone base 1". E. A 4' 2" x 9' 5" automated sign will be incorporated into the State Street multi -tenant monument sign. The messaging on the automated sign will change in conformance with Eagle City Code Section 8 -2A -8(C)(8) with regard to briggJrtness. change of frame content. and copy change frequency. 1. 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 st ,n. sign structure. design or pictorial segment of the si,gn 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. The signs shall only change frame content not more than once every eight (8) seconds. The change of content must change immediately within a period of less than one second. 3. 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 sighs that utilize light to change frames shall contain an auto dimmer 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 monument sign will be illuminated by ground mounted LED light fixtures (3000K maximum). The ground mounted light fixtures will be screened by plant material for year-round screening. G. Tenant panels and locations will be assigned by the manaeine entity. H. A sign permit is required prior to the installation of any tenant panels on the monument sign. 3. SINGLE TENANT/SHARED MONUMENT SIGNS Page 10 of 22 K:\Planning Dept \Eagle Applications\DA2018\DR• 19-18 Mustang Crossing MSF' cadocx A. An 8' tall monument signs with 60 -square feet of sign area will be allowed on State Street to be used by single tenant or shared with another tenant. B. Tenant background panels will be fabricated from 1/8" thick aluminum painted Dover White (3630-111). C. Tenant copy will be fabricated from 1/8" thick aluminum and stood off the tenant background panels 1". Tenants are allowed to use their copy and logos in their colors. D. "Mustang Crossing" copy to be fabricated from 1/8' thick aluminum painted black and stood off the stone base 1". E. The monument sign will be illuminated by ground mounted LED light fixtures (3000K maximum). The ground mounted light fixtures will be screened by plant material for year-round screening. F. Sign location. tenant panels and locations will be assigned by the managing entity. G. A sign permit is required prior to the installation of any tenant panels on the monument sign. 4. JACKSONS FOOD STORE TENANT MONUMENT SIGN A. An 8' tall monument signs with 60 -square feet of sign area (inclusive of a 9 -square foot automated sign) will be allowed on State Street (approximately 200 -feet east of North Park Lane) for Jacksons Food Store. B. The copy "Jacksons". "Chevron". and "with Techron" and the red and blue chevron shall be located on a background panel fabricated from 1/8" thick aluminum painted Dover White (3630-111). C. The 9 -square foot automated gas price. Regular. Diesel. Gasoline. and Self Service panel will be fabricated from plexi -glass. D. Tenant copy "Jacksons". "Chevron". and "with Techron" and the red and blue chevron will be fabricated from 1/8" thick aluminum and stood off the tenant background panels 1". Tenants are allowed to use their copy and logos in their colors. E. The monument sign will be illuminated by ground mounted LED light fixtures (3000K maximum). The ground mounted light fixtures will be screened by plant material for year-round screening. MISCELLANEOUS INDIVIDUAL TENAT WALL DISPLAYS - All exterior wall displays must comply in size, installation location and quantity with the current City of Eagle Sign ordinance. Exact installation location will be at the discretion of the managing entity landlerd. Internally illuminated cabinet type displays will not be allowed. PAINTED SIGNS ARE PROHIBITED - Letters painted directly onto a wall surface shall not be permitted. However, murals that are of architectural value will be permitted. SPACING - A minimum of two foot (2') spacing is required between tenant wall signs. LIGHTING - Managing entity handler -El will approve all forms of lighting that are currently allowed by the City of Eagle sign ordinance including but not limited to, exposed neon, halo (using neon or LED) external flood lights, and push through copy. FABRICATION MATERIALS - All materials and fabrication methods must be approved by the managing entity landlefd prior to the installation of the display. Suggested materials to be used Page 11 of 22 K:\Planning Dept\Gagle Applications\Dr\2018\DR-19-18 Mustang Crossing MSP ccLdocx included aluminum, stainless steel, brass, and painted sheet metal. COLORS - All colors must be approved by the landlord. INSTALLATION - Signs must be installed by a licensed contractor. Tenant is required to ensure that any penetrations caused during the installation of their sign be resealed to the specifications of the fascia or membrane manufacturer warranty. LETTER AND LOGO RESTRICTIONS - Copy and or logos utilized shall be the tenant's choice and must be approved by the managing entity laedlerd. EXPOSE ELEMENTS - No exposed hardware or fasteners may be used. No exposed conduit or raceways will be allowed without the prior approval of the managing entity and the City landlerd. Raceways will only may be allowed if there is determined to be an access issue for the installation of illuminated letters. If a raceway is required, the raceway must be painted to match or compliment the architectural character of the building on which the display will be placed. HARDWARE - All exterior bolts, fasteners, clips or other hardware shall be of a galvanized or coated material. No black iron materials of any type shall be permitted. PENETRATIONS - All penetrations of the building shall be neatly sealed and kept in a watertight condition. The number and size of building penetrations shall be minimized. Upon removal of any sign, the fascia shall be restored to the texture color and finish of the surrounding wall area at the expense of the owner/occupant. LABELS - No labels shall be permitted on the exposed surface of the signs except those required by Federal and local ordinances. Those required shall be applied in an inconspicuous location. REPAIR OF DAMAGE - Sign user and the user's sign contractor shall be responsible for the repair of any damage caused by the installation or removal of any signage. Tenant or occupant has 30 days to repair the damage caused by the sign contractor once contacted by the managing entity landlerd. The managing entity has Landlord had the right to repair the damage with a contractor of their choice and seek reimbursement if the repairs are not completed to the managing entity's laud -ler -Ells satisfaction. • sign -area per side. Basehc ✓nriZZy axkrsr.: OAH of 15' and c maxi have ind:.idual ter:�'�:t rte. Moore 71 10 20 brown and " 'ak alur.:ru:r.. Te ant peels to • eE t aI'/1:'1:3�i1! limited t„ e olor. A 4tual p ae or. 0%; „ • r. Dip'/ay t„ : elude „ decorati v top t tra I. .irur.. pairtcl te-matett ata%r..g" to be 1/8" think aLr:rirur.: p .inted mac and y Etc+. St, a reinkrur.. OAH of 25' te.i a r..anir. urr. of 200 e feet of sign Page 12 of 22 KAPlanning Dept\Eaglc Applications\DA2018\DR-19-18 Mustang Crossing MSP cct.docx clurrinum d. a n:: Ya\ tt`:3 ta.3x-t'c i • .. . - . ... . . p e in one color. Actual pk-cemen} of the twwant :gipy-en-thc cier.2.:r; 3k IN\X-W nut pLirted te-rrnatAt1 D2rtriodie ill ✓ ntea to match SW 7522 ' ch clur.ira:r. ;xraek-ate mennted-te-stene-base7 8 Automated Signs: d as a pa -t d o all e prohib ted i e1 (2) The lighting 31m11 t (TE. A), :i�r/i ti":.e-c-einiuviit7 witty '.vvc -nt ar . (EDA). (O;, 756, 8 23 2016) All automated citgr Ykat u ir. a :vianner-vA h thx c gn, si L1:C1'ia :i.gn area. (Ord. 665, 2 11 2012) 23 2016) thr. once every eight (8) seconds. The •iXI'ir. a riod-of leff,- :�. one second. (Ord. 756, 8 used 0.. brightness ITMCucd in rr.t-(n illu rrn�i r frac aktil contar: an aut t-hmixezi tw hu -(300) riit illumine' c ar1d J:1n3etand . p t„ three h. 'C't.�. s3d t automated -sig. Shall r tain ca. cuter Page 13 of 22 K:Wlanning Dept\Eagle Applications\DA2018\DR-19-18 Mustang Crossing MSP ccf.docx TENANT PAD E TE�J.` 1' DIEP-Li4ikS Di3pi c nail✓r.. sguare-feet-ef-»: Baa ir. :t d pk.:y-te Tenant-baekgFour4 pt ' ;, - - .. .. .. ad to r.:ata 3630 111. Actual tenant copy to be 1/8" thick flat cut mit alumir panel by 1". Colors, fonts, logic and a : ' • "•an mot k. weaved lythe-laedlerd-prie rat kx:ion and : et limited e of A Diap'iay-s-t& ri illurthnated-using JACKSONS FOOD STOIIEE TE 1,NT MONUMENT DISPLAY -- c Etrect. �-r. uc g LED na,r. ml fuel price external- lood-k-ghts- a illut►tr.:a` ng • 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 May 10, 2018, at which time the Board made their recommendation. 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 1:41:25) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board affirms the architecture, materials, and colors of the proposed signs complement those proposed on the convenience store building. BOARD DECISION: The Board voted 5 to 0 (Koci and Schafer recused) to approve DR -19-18 for a design review application for a master sign plan for Mustang Crossing Development, including building wall and monument signage for Jacksons Food Store for Jacksons Food Stores, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of Page 14 of 22 K:U'lammng Dept\Gagle ApplicatinnsUh521118\DR-14-18 Mustang Crossing MSP ccldocx law document, dated September 28, 2018. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on June 12, 2018, at which time the Council made their decision. B. 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: The Council voted 4 to 0 to approve DR -19-18 for a design review application for a master sign plan for Mustang Crossing Development, including building wall and monument signage for Jacksons Food Store for Jacksons Food Stores, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The revised elevation plan, date stamped by the City on May 8, 2018, showing the Jacksons Food Store monument sign background panel fabricated from 1/8' thick aluminum painted Dover White (3630- 111) and the tenant copy "Jacksons", "Chevron", and "with Techron" and the red and blue chevron fabricated from 1/8" thick aluminum using their copy and logo colors is approved. 2. The following shall be the master sign plan criteria for Mustang Crossing: Mustang Crossing Master Sign Plan GENERAL APPROVAL REQUIREMENTS 1. CITY APPROVAL REQUIRED - All signs shall comply with current applicable requirements of the City of Eagle sign ordinance and with the adopted Master Sign Plan for Mustang Crossing. 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. In cases of any conflict between Eagle City Code and the criteria specified herein, the more restrictive requirements shall apply. It shall be the responsibility of the owner or occupant of any tenant or business within the development named Mustang Crossing to obtain all required local sign permits or required governmental approvals prior to erecting any sign. 2. MANAGIND ENTITY APPROVAL REQUIRED - Each owner or occupant must submit two sets of detailed drawings of all proposed signs indicating the location, size, layout, design, colors, illumination method, materials and method of attachment to the managing entity for approval prior to submitting a design review sign application and sign permit to the City of Eagle. After the proposal is reviewed, the managing entity will return one set of drawings marked either "Approved", "Approved as noted" or Revise and Resubmit." If marked "Approved" the owner/occupant is permitted to proceed with permitting with the City of Eagle. If marked "Approved as Noted" the owner/occupant must make any revisions noted on the plans prior to proceeding with permitting with the City of Eagle. If marked "Revise and Resubmit" the drawings will be returned with comments and should be revised accordingly. The owner/occupant must then resubmit to the managing entity for an additional review prior to proceeding with the permit process. Page 15 of 22 K:\Planning Dcpt\Eaglc Applications\Dr\2018\DR-19-18 Mustang Crossing MSP ccfdocx 3. Every owner of any proposed building within Mustang Crossing shall be required to submit signage plans to the managing entity for written approval. A design review application accompanied by the written approval from 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 state herein. 4. CONTENT - All signage shall be restricted to the identification of the business or primary services located within the business premises. This may include, name of the business, tag line and any and all associated trademarks or logos. 5. CODE COMPLIANCE - All displays and their installation shall comply with applicable City, State building, and electrical codes. MULTI -TENANT AND TENANT MONUMENT SIGNS Two (2) multi -tenant monument signs will be provided at the expense of the managing entity for the use of individual owners/occupants inside the development for the purpose of advertising at the street level. One multi -tenant monument sign will be installed along State Street and a second multi -tenant monument sign will be installed along North Park Lane. Single tenant or shared monument signs will be provided at the expense of the managing entity or by the owner/occupant based on the lease agreement. Tenant monument signs will be installed along State Street. A minimum separation of 100' shall be required between all monument signs including the multi -tenant monument sign. A monument sign for Jacksons Food Stores will be provided by the managing entity along State Street. 1. NORTH PARK LANE MULTI -TENANT MONUMENT SIGN A. One (1) 15' tall multi -tenant monument sign with 90 -square feet of sign area will be located near the southeast corner of North Park Lane and Mustang Street. B. Tenant background panels will be fabricated from 1/8" thick aluminum painted Dover White (3630-111). C. Tenant copy will be fabricated from 1/8" thick aluminum and stood off the tenant background panels 1". Tenants are allowed to use their copy and logos in their colors. D. "Mustang Crossing" copy to be fabricated from 1/8' thick aluminum painted black and stood off the stone base 1". E. The monument sign will be illuminated by ground mounted LED light fixtures (3000K maximum). The ground mounted light fixtures will be screened by plant material for year- round screening. F. Tenant panels and locations will be assigned by the managing entity. G. A sign permit is required prior to the installation of any tenant panels on the monument sign. 2. STATE STREET MULTI -TENANT MONUMENT SIGN A. One (1) 25' tall multi -tenant monument sign with 200 -square feet of sign area will be located on State Street at the main entrance to Mustang Crossing (approximately 1,000 -feet east of North Park Lane). B. Tenant background panels will be fabricated from 1/8" thick aluminum painted Dover White (3630-111). Page 16 of 22 K:Wlanning Dcpt\Caglc Applications\Dr\2018\DR-19-18 Mustang Crossing MSP ccI docx C. Tenant copy will be fabricated from 1/8" thick aluminum and stood off the tenant background panels 1". Tenants are allowed to use their copy and logos in their colors. D. "Mustang Crossing" copy to be fabricated from 1/8' thick aluminum painted black and stood off the stone base 1". E. A 4' 2" x 9' 5" automated sign will be incorporated into the State Street multi -tenant monument sign. The messaging on the automated sign will change in conformance with Eagle City Code Section 8 -2A -8(C)(8) with regard to brightness, change of frame content, and copy change frequency. 1. 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. 2. The signs shall only change frame content not more than once every eight (8) seconds. The change of content must change immediately within a period of less than one second. 3. 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 auto dimmer 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 monument sign will be illuminated by ground mounted LED light fixtures (3000K maximum). The ground mounted light fixtures will be screened by plant material for year- round screening. G. Tenant panels and locations will be assigned by the managing entity. H. A sign permit is required prior to the installation of any tenant panels on the monument sign. 3. SINGLE TENANT/SHARED MONUMENT SIGNS A. An 8' tall monument signs with 60 -square feet of sign area will be allowed on State Street to be used by single tenant or shared with another tenant. B. Tenant background panels will be fabricated from 1/8" thick aluminum painted Dover White (3630-111). C. Tenant copy will be fabricated from 1/8" thick aluminum and stood off the tenant background panels 1". Tenants are allowed to use their copy and logos in their colors. D. "Mustang Crossing" copy to be fabricated from 1/8' thick aluminum painted black and stood off the stone base 1". E. The monument sign will be illuminated by ground mounted LED light fixtures (3000K maximum). The ground mounted light fixtures will be screened by plant material for year- round screening. F. Sign location, tenant panels and locations will be assigned by the managing entity. G. A sign permit is required prior to the installation of any tenant panels on the monument sign. Page 17 of 22 K:\Planning DeptTagle Applications\Dr\2018\DR-19-18 Mustang Crossing MSI' ccf.docx 4. JACKSONS FOOD STORE TENANT MONUMENT SIGN A. An 8' tall monument signs with 60 -square feet of sign area (inclusive of a 9 -square foot automated sign) will be allowed on State Street (approximately 200 -feet east of North Park Lane) for Jacksons Food Store. B. The copy "Jacksons", "Chevron", and "with Techron" and the red and blue chevron shall be located on a background panel fabricated from 1/8" thick aluminum painted Dover White (3630-111). C. The 9 -square foot automated gas price, Regular, Diesel, Gasoline, and Self Service panel will be fabricated from plexi -glass. D. Tenant copy "Jacksons", "Chevron", and "with Techron" and the red and blue chevron will be fabricated from 1/8" thick aluminum and stood off the tenant background panels 1". Tenants are allowed to use their copy and logos in their colors. E. The monument sign will be illuminated by ground mounted LED light fixtures (3000K maximum). The ground mounted light fixtures will be screened by plant material for year- round screening. MISCELLANEOUS INDIVIDUAL TENAT WALL DISPLAYS - All exterior wall displays must comply in size, installation location and quantity with the current City of Eagle Sign ordinance. Exact installation location will be at the discretion of the managing entity. Internally illuminated cabinet type displays will not be allowed. PAINTED SIGNS ARE PROHIBITED - Letters painted directly onto a wall surface shall not be permitted. However, murals that are of architectural value will be permitted. SPACING - A minimum of two foot (2') spacing is required between tenant wall signs. LIGHTING - Managing entity will approve all forms of lighting that are currently allowed by the City of Eagle sign ordinance including but not limited to, exposed neon, halo (using neon or LED) external flood lights, and push through copy. FABRICATION MATERIALS - All materials and fabrication methods must be approved by the managing entity prior to the installation of the display. Suggested materials to be used included aluminum, stainless steel, brass, and painted sheet metal. COLORS - All colors must be approved by the landlord. INSTALLATION - Signs must be installed by a licensed contractor. Tenant is required to ensure that any penetrations caused during the installation of their sign be resealed to the specifications of the fascia or membrane manufacturer warranty. LETTER AND LOGO RESTRICTIONS - Copy and or logos utilized shall be the tenant's choice and must be approved by the managing entity. EXPOSE ELEMENTS - No exposed hardware or fasteners may be used. No exposed conduit or raceways will be allowed without the prior approval of the managing entity and the City. Raceways will only be allowed if there is determined to be an access issue for the installation of illuminated letters. If a raceway is required, the raceway must be painted to match or compliment the architectural character of the building on which the display will be placed. HARDWARE - All exterior bolts, fasteners, clips or other hardware shall be of a galvanized or coated material. No black iron materials of any type shall be permitted. Page 18 of 22 K:\Plammng Dept\Eagle Applications\Dr\2018\DR-I9-18 Mustang Crossing MSP cctdocx PENETRATIONS - All penetrations of the building shall be neatly sealed and kept in a watertight condition. The number and size of building penetrations shall be minimized. Upon removal of any sign, the fascia shall be restored to the texture color and finish of the surrounding wall area at the expense of the owner/occupant. LABELS - No labels shall be permitted on the exposed surface of the signs except those required by Federal and local ordinances. Those required shall be applied in an inconspicuous location. REPAIR OF DAMAGE - Sign user and the user's sign contractor shall be responsible for the repair of any damage caused by the installation or removal of any signage. Tenant or occupant has 30 days to repair the damage caused by the sign contractor once contacted by the managing entity. The managing entity has the right to repair the damage with a contractor of their choice and seek reimbursement if the repairs are not completed to the managing entity's satisfaction. 3. A sign permit is required prior to the installation of any signs on this site. 4. Ensure that the proposed monument sign locations do not impede the traffic vision triangle. 5. Upon completion of the monument signs and building wall signs, the applicant shall request a site inspection to be completed by the Planning and Zoning Department. Upon verification that the monument signs, landscaping, and building wall signs have been completed in compliance with the approved plans, a certificate of completion will be issued. 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. 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. Page 19 of 22 K:\Planning Dept\Gagle Applications\Dr\2018\DR-I9-I8 Mustang Crossing MSP cct docx 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. 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: Page 20 of 22 K:Wlanning Dcpt Eagle Apphcauons\Dr\2018MR-19-18 Mustang Crossing MSP ccl docx 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 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 Page 21 of 22 K:\Planning Dept\Eaglc Apphcauons\DA2ri 18\DR- I y-18 Mu>t.ing Crossing MSP ccl docx 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 -19-18) 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 that the proposed design review: i. The multi -tenant signs and building wall signs will be harmonious with the architectural design of the proposed buildings within the development, and will not cover or detract from desirable architectural features. DATED this 121h day of June 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle Cit Clerk •o`'..OEq'',, F . . Ow. .V * •: SI:.A[. : • • Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within fourteen (14) days of the final written decision. Page 22 of 22 K \Planning Ikptil•agin Applications \Dr\2OI8\DR.19. 18 Mustang Crossing MS1' cct docx