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Findings - CC - 2024 - DR-2023-07 - Design Review for a Master Sign Plan for a Multi-Tenant Flex Space Building BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MASTER SIGN PLAN ) FOR A MULTI-TENANT FLEX SPACE ) BUILDING FOR URBAN LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2023-67 The above-entitled design review application came before the Eagle City Council for their action on April 23, 2024. 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: Nick Louie with Urban LLC is requesting design review approval for the master sign plan for a multi- tenant flex space building.The 0.74-acre site is located on the northwest corner of East State Street and South Parkinson Street at 1093 South Parkinson Street (Lot 19 and 20, Block 1, Randall Acres Subdivision No. 15). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 12,2023. C. HISTORY OF RELEVANT PREVIOUS ACTIONS:None. D. COMPANION APPLICATIONS: DR-66-23 (building application). E. COMPREHENSIVE PLAN DESIGNATION: Mixed Use. F. ZONING DESIGNATION: MU(Mixed Use). G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Dunyon/State Development Area(DSDA)overlay district. H. URBAN RENEWAL DISTRICT: Yes. I. SIGNAGE: Window Signs Sign Data Proposed Required Sign Dimensions Varies based on tenant Varies based on tenant Area of Signage Varies based on tenant 25% (maximum) total window area of lease space Illumination Non-illuminated Interior-illumination prohibited Page 1 of 8 K:'Planning Dept\Eagle Applications\Dr\2023\Parkinson Multi-tenant Flex Space Bldg MSP DR-67-23\Parkinson Multi-tenant Flex Space Bldg MSP Findings CC.docx Door Signs Sign Data Proposed Required Sign Dimensions Varies based on tenant Varies based on tenant Area of Signage Varies based on tenant 2-square feet(maximum) Illumination Non-illuminated Interior-illumination prohibited J. AGENCY RESPONSES:None. K. LETTERS FROM THE PUBLIC:None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: 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 compiled to create a theme unique to the area called"Eagle Architecture". • Eagle City Code Section 8-2A-6(A)(4) Signage for any project shall provide for business identification and minimize clutter and confusion on and off the site. • Eagle City Code Section 8-2A-6(A)(4)(c) c. The provision for effective and necessary business identification systems adapted to the building design. • Eagle City Code Section 8-2A-6(A)(4)(e) 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): Definitions: AREA OF THE BUILDING FACE: The general outer surface of an exterior wall of a building. The area of the building face shall be a total area of such surface, including the area of doors and windows which open into such face, if any. FACE OF SIGN: The surface of the sign area upon, against or through which the message is displayed or illustrated. Page 2 of 8 K:\Planning Dept\Eagle Applications\Dr\2023\Parkinson Multi-tenant Flex Space Bldg MSP DR-67-23\Parlcinson Multi-tenant Flex Space Bldg MSP Findings CC.docx 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 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 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. WINDOW SIGN: All signs located inside and affixed to,painted on or within three feet(3')of windows of a building,whether temporary or permanent, lighted or unlighted,which may be viewed from the exterior of the building. The term does not include merchandise located within three feet(3')of the window. • Eagle City Code Section 8-2A-8(C)(15)Master Sign Plan: A"master sign plan",as defined by this article, shall be required to be submitted to the city for review and approval. The purpose of a master sign plan is to coordinate signs, and create a plan that establishes a building or site's overall sign design. The master sign plan shall show sign colors, styles and locations of buildings,maximum size, illumination,and materials to be used. The master sign plan may be approved by the city with elements that require suspension or relaxation of the height,area,number of signs,or locations of signs specified within this article if the city council finds that extraordinary conditions exist which allow suspension or relaxation,but that any suspension or relaxation will still meet the intent of this article and: a. The development site contains unique or unusual physical conditions such as topography, proportion, size or relation to a public street that would limit or restrict normal sign visibility; or b. The proposed or existing development exhibits unique characteristics of land use,architectural style, site location, physical scale, historical interest or other distinguishing features that justify variation from conventional development; or c. The proposed signage incorporates special design features such as logos,emblems,murals, statuaries or similar architectural elements that are designed in a manner determined by the city to be architecturally compatible to the sign and area. • Eagle City Code Section 8-2A-8(C)(16)Exempt Signs: o. Window Signs(Nonilluminated):Nonilluminated window signs as long as the total window area covered does not exceed twenty five percent(25%)of the total window area of all windows facing public streets. p. Window Signs(Neon):Neon window signs no larger than four(4)square feet or ten percent (10%)of the window where it is placed,whichever is larger,but no more than two(2)neon window signs per street frontage shall be allowed. q. Door Signs: Door signs identifying the business and/or indicating business hours, emergency phone numbers,etc., shall be permitted up to a maximum of two(2)square feet. Page 3 of 8 K:\Planning Dept\Eagle Applications\Dr\2023\Parkinson Multi-tenant Flex Space Bldg MSP DR-67-23\Parkinson Multi-tenant Flex Space Bldg MSP Findings CC.docx C. DISCUSSION: • The applicant is requesting design review approval of a master sign plan for a multi-tenant flex space building. The applicant is only proposing window/door signs for the building. Staff recommends the following master sign plan criteria. Master Sign Plan for Multi-tenant Flex Space Building 1093 South Parkinson Street 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. 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. Tenants shall be required to fulfill all the requirements of these criteria. B. BUILDING WALL SIGNS: 1. No building wall signs are proposed,and none are approved for this building. C. MONUMENT SIGN: 1.No monument sign is proposed,none are approved for this building. D. WINDOW/DOOR SIGNS: 1. Any signage on doors or windows shall be approved by landlord prior to installation and comply with Eagle City Code. 2. Unit number is required to be located at the top of each storefront door with black vinyl. 3. Company logo(including color)are permitted underneath unit#with vinyl. 4. Window signs shall not exceed 25%of the total window area for lease space. 5. Door signs shall not exceed two square feet. E. 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. Tenants or his representative shall be responsible for cost of maintenance, service,repair or replacement of tenant's sign. 3. Tenants shall be required to keep his/her sign in working order and all surfaces shall be maintained in good condition. Page 4 of 8 K:\Planning Dept\Eagle Applications\Dr\2023\Parkinson Multi-tenant Flex Space Bldg MSP DR-67-23\Parkinson Multi-tenant Flex Space Bldg MSP Findings CC.docx 4. Upon termination of their lease,the tenant or managing entity shall clean all windows of tenant signage. Sign Placement: 1111111111111.1111111 • Ell MI IIIII MiNIONNIMI ..omcav wgcgm uvM.hmm-..ra.m!.'n+rxrta.?k.x:omx Wo.. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the site specific conditions of approval and standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on January 11, 2024. The application was continued to March 28, 2024, at which time the Board made their decision. BOARD DELIBERATION: On January 11, 2024, upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board had concerns with the architecture of the building [separate application] and continued this item to allow the applicant time to address them. BOARD DELIBERATION: On March 28, 2024, upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is in favor of the proposed master sign plan criteria. BOARD DECISION: The Board voted 3 to 0(Mihan recused; Grubb and Sayer absent)to recommend approval of DR-2023-67 for a design review application for a master sign plan for a multi-tenant flex space building,with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document,dated April 11,2024. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on April 23, 2024, at which time the Council made their decision. Page 5 of 8 K:\Planning Dept\Eagle Applications\Dr\2023\Parkinson Multi-tenant Flex Space Bldg MSP DR-67-23\Parkinson Multi-tenant Flex Space Bldg MSP Findings CC.docx COUNCIL DECISION: The Council voted 3 to 0(Gindlesperger absent)to approve DR-2023-67 for a design review application for a master sign plan for a multi-tenant flex space building,with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The following shall be the master sign plan for the multi-tenant flex space building. Master Sign Plan for Multi-tenant Flex Space Building 1093 South Parkinson Street 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.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. Tenants shall be required to fulfill all the requirements of these criteria. B. BUILDING WALL SIGNS: 1. No building wall signs are proposed, and none are approved for this building. C. MONUMENT SIGN: 1.No monument sign is proposed,none are approved for this building. D. WINDOW/DOOR SIGNS: 1. Any signage on doors or windows shall be approved by landlord prior to installation and comply with Eagle City Code. 2. Unit number is required to be located at the top of each storefront door with black vinyl. Unit numbers shall all have the same font type and size. 3. Company logo(including color)are permitted underneath unit#with vinyl. 4. Window signs shall not exceed 25%of the total window area for lease space. 5. Door signs shall not exceed two square feet. E. 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. Tenants or his representative shall be responsible for cost of maintenance, service,repair or replacement of tenant's sign. Page 6 of 8 K:\Planning Dept\Eagle Applications\Dr\2023\Parkinson Multi-tenant Flex Space Bldg MSP DR-67-23\Parkinson Multi-tenant Flex Space Bldg MSP Findings CC.docx 3. Tenants shall be required to keep his/her sign in working order and all surfaces shall be maintained in good condition. 4. Upon termination of their lease,the tenant or managing entity shall clean all windows of tenant signage. Sign Placement: I I no Oil III II . . ......... 2. No building wall signs or monument signs are proposed,and none are approved.Any future building wall or monument signs will require a modification to the master sign plan. 3. Provide revised building elevations [to match the approved building elevations] showing locations of all potential window/door sign locations. The revised building elevations shall be reviewed by staff prior to the issuance of a sign permit. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 1. A building permit/zoning permit shall be required prior to construction of any sign which is not attached to a building with an active building permit. 2. Approval shall expire without notice to the applicant on the date of expiration of this Design Review, as stipulated in Eagle City Code(one year from approval date). 3. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 4. New plans which incorporate any required changes shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 5. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 6. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Page 7 of 8 K:\Planning Dept\Eagle Applications\Dr\2023\Parkinson Multi-tenant Flex Space Bldg MSP DR-67-23\Parkinson Multi-tenant Flex Space Bldg MSP Findings CC.docx 7. Any modification of the approved design review plans must be approved prior to construction/installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a certificate of completion for this project. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR-2023-67) 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 signage will be required to be harmonious with the architectural design of the building and will not cover nor detract from desirable architectural features. DATED this 23rd day of April 2024. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Brad i e,Mayor •..•` OF Bq C•y., •,. ,[�••....... .` I. .•`�VOOR,� 5 . ••• • A TEST: :�, • • • . • yp;',4.p . shorn,Eagle City Clerk .........;; ; .•.•'�� Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right, pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis. Page 8 of 8 KAPlanning Dept\Eagle Applications\Dr\2023\Parkinson Multi-tenant Flex Space Bldg MSP DR-67-23\Parkinson Multi-tenant Flex Space Bldg MSP Findings CC.docx