Loading...
Findings - CC - 2019 - DR-49-19 - Master Sign Plan For 2120 E Riverside DrORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW FOR A MASTER SIGN ) PLAN FOR A MULTI -TENANT CLINIC/OFFICE ) (BUSINESS AND PROI'ESSIONALfMEDICAL ) AND DENTAL) BUILDING WITHIN TRUMAN ) COVE SUBDIVISION NO. 4 FOR RENNISON ) COMPANIES, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -49-19 The above -entitled design review application came before the Eagle City Council for their action on August 27, 2019. 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: Rennison Companies, Inc., represented by Walt Lindgren with Lindgren:Labrie Architecture, is requesting design review approval of a master sign plan for a multi -tenant clinic/office (business and professional/medical and dental) building. The 2.49 -acre site is located on the southeast corner of South Ancona Avenue and East Riverside Drive at 2120 East Riverside Drive within Truman Cove Subdivision No. 4. B. APPLICA'1lON SUBMITTAL: The City of Eagle received the application for this item on June 20, 2019. C. COMPANION APPLICAi'iONS: Multi -tenant Clinic/Office Building (DR -48-19) D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle Lakes Subdivision (RZ-10-15 and PP -07-15). On June 13, 2017, the Eagle City Council approved the final plat for Truman Cove Subdivision No. 1 (formerly known as Eagle Lakes Subdivision) (FP -O1-17). On May 27, 2018, the Eagle City Council approved a development agreement modification for '1'1'C Brooklyn Park Investors, LLC (RZ-10-15 MOD). On September 11, 2018, the City Council approved a development agreement (in lieu of a PUD) modification and preliminary plat modification for Truman Cove Subdivision (fka Eagle Lakes Subdivision), a previously approved 301 -unit, 80 -lot (51 -single-family, 6 -multi -family [consisting of 250 -units], 12 commercial, 10 -common, and 1 -private street) subdivision. The subdivision modification includes 327 -units, 110 -lots (77 -single-family, 6 -multi -family :consisting of 250 -units], 12 -commercial, and 15 -common [consisting of 1 -private street, 1 -private alley, and 1 -access drive]) (RZ-10-15 MOD2 & PP -07-15 MOD). On January 8, 2019, the City Council approved a modification to Condition of Development #3.6 of the rezone development agreement associated with the approved Truman Cove Subdivision (RZ-1O-15 MOD3). Page lof 14 KAPlanning Dept\Eagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx For additional property history see: DR -58-I5, DR -59 -IS, DR -58-15 MOD, LLA -01-17, DR -34-18, and DR -14- 19. E. COMPREHENSIVE PLAN DESIGNA'1lON: Mixed Use. F. ZONING DESIGNATION: MU -DA (Mixed Use with a development agreement). G. DESIGN REVIEW OVERLAY DIS'1'1ZICT: Not in the DDA, 1llA, CEDA, or DSDA. H. URBAN RENEWAL DIS1iZICT: Yes. I. SIGNAGE: Future Building Wall Signs Sign Data Proposed Required Wall Sign Dimensions Varies depending on tenant's font and logo Varies based on tenant lease space Area of Signage Varies depending on tenant's font and logo 10% of total area of building face (maximum) Illumination Non -illuminated, halo illuminated, or Interior -illumination prohibited externally illuminated Materials Varies depending on tenant's font and logo Suggested materials to be used include metal, fiberglass, plastic, and acrylic. J. AGENCY RESPONSES: None. K. LE1IERS FROM I'HE PUBLIC: None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAIF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1 HIS 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 'IHIS 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. a. The "overall sign concept" for multi -tenant business centers to assure that it addresses the continuity between tenant sign design and building design; Page 2 of 14 KAPlanning Dept\Eagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx 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(B): Definitions: AREA OF 1 HE 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. MASIER 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. • Eagle City Code Section 8 -2A -8(C): Provisions and Requirements: 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. • 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. Page 3 of 14 KAPlanning DeptTagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx 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)(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. C. DISCUSSION: • The applicant is requesting approval of a master sign plan for Eagle Lakes Building D Multi -Tenant Clinic/Office (business and professionallmedical and dental) building. Staff recommends the following changes to the document titled "Eagle Lakes Office Building 'D' Eagle Lakes — Eagle, Idaho" with text shown with underline to be added. Master Sign Plan Eagle Lakes Building D Multi -Tenant Clinic/Office (Business and ProfessionallMedical and Dental) Building General Notes (Typical): 1. The tenant shall be required to submit signage plans to the developer or developer's management 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 staff review and approval. All signs shall be in compliance with the criteria stated herein as well as the Eagle City Code. In cases of any conflict between the Eagle City Code Page 4 of 14 K:\Planning Dept\Eagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx and the criteria specified herein, the more restrictive requirements shall apply. ?. Wall Sign materials may consist of cast metal, fiberglass, plastic, acrylic (or similar) and shall be a minimum of 1/2" and a maximum of 8" thick. Wall Signs may be surface -mounted or held off face of building a maximum of 4". 3. Wall Signs shall consist of individual letters and/or logos. Fonts (styles and sizes) and logos shall be as proposed by individual tenant (typical). 4. Wall Sign size and locations: Example Wall Sign locations are illustrated on building elevation sheets. Final sign location and sizes will be provided as part of the tenant design review sign application. Wall signs shall he allowed on all four sides of the building. Each business within the multi -tenant building is allowed a maximum of three wall signs provided each sign is placed on a different side of the building. Size of signs shall not exceed 101- of the area of the building face to which it is attached. Site Specific Requirements: 1. Wall Signs shall be parallel to the face of the building. 7, Wall Sign Illumination: a. The building facade shall be provided with electrical power at the designated signage locations to accommodate sign illumination. b. Wall signs may be "halo" illuminated, non -illuminated, or by floodlighting as defined in City ordinance. 3. Signage on doors or windows shall comply with Eagle City Code. Building Address Number (Typical of 1): 1. Cast metal building address numbers shall be located on the face of building. Directional Signs (Typical): 1. None proposed. Monument Signs (Typical): N/A Sign Examples: Wall Sign (Parallel) Cast Metal, Acrylic or Plastic w/ Halo Lighting: Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\2(119\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccl.docx Wall Sign (Parallel) — Cast Metal, Acrylic or Plastic Sign Placement: ParD,r7w. tDt+NT �rr.w��[ w�nr► c7TlTCTI�a. r000rf moans North !vim! 0 z4. 10' JILLI gia,...zoea xti *sr* .« mm wmx �. '-- �'iN- ' i�++�S' '�+�►t �.. � UXAT50N fWT7RO X. 40 9PJ West Nem, 0 2' 4' 10' Page 6 of 14 K.\Planning Dept\Eagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx 40 - Nei sermava. ismer eon LOGMIC. 00.412. 30 6.0.4 • South ora• �c East 024' 1 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 July 25, 2019, 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 1:10:35) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board affirms the proposed master sign plan criteria. BOARD DECISION: The Board voted 5 to 0 (Grubb and Koci absent) to recommend approval of DR -49-19 for a design review application for a master sign plan for a multi -tenant clinic/office (business and professional/medical and dental) building for Rennison Companies, Inc., with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated August 8, 2019. Page 7 of 14 KAPlanning DeptTagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on August 27, 2019, 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 -49-19 for a design review application for a master sign plan for a multi -tenant clinic/office (business and professional/medical and dental) building for Rennison Companies, Inc., 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 Eagle Lakes Building D Multi -Tenant Clinic/Office Building: Master Sign Plan Eagle Lakes Building D Multi -Tenant Clinic/Office (business and professional/medical and dental) Building General Notes (Typical): 1. The tenant shall be required to submit signage plans to the developer or developer's management 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 staff review and approval. All signs shall be in compliance with the criteria stated herein as well as the Eagle City Code. In cases of any conflict between the Eagle City Code and the criteria specified herein, the more restrictive requirements shall apply. 2. Wall Sign materials may consist of cast metal, fiberglass, plastic, acrylic (or similar) and shall be a minimum of 1/2" and a maximum of 8" thick. Wall Signs may be surface -mounted or held off face of building a maximum of 4". 3. Wall Signs shall consist of individual letters and/or logos. Fonts (styles and sizes) and logos shall be as proposed by individual tenant (typical). 4. Wall Sign size and locations: Example Wall Sign locations are illustrated on building elevation sheets. Final sign location and sizes will be provided as part of the tenant design review sign application. Wall signs shall be allowed on all four sides of the building. Each business within the multi -tenant building is allowed a maximum of three wall signs provided each sign is placed on a different side of the building. Size of signs shall not exceed 10% of the area of the building face to which it is attached. Site Specific Requirements: 1. Wall Signs shall be parallel to the face of the building. 2. Wall Sign Illumination: a. The building facade shall be provided with electrical power at the designated signage locations to accommodate sign illumination. b. Wall signs may be "halo" illuminated, non -illuminated, or by floodlighting as defined in City ordinance. Page 8 of 14 K:\Planning Dept\Eagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx 3. Signage on doors or windows shall comply with Eagle City Code. Building Address Number (Typical of 1): 1. Cast metal building address numbers shall be located on the face of building. Directional Signs (Typical): 1. None proposed. Monument Signs (Typical): N/A Sign Examples: Wall Sign (Parallel) Cast Metal, Acrylic or Plastic w/ Halo Lighting: Wall Sign (Parallel) — Cast Metal, Acrylic or Plastic Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx Sign Placement: ss wiwiMnv.w 00111.0. TIO.V.V1014 440CAMI 049.401, 40 114,1 West %Pm, 02'4' 10r East V•19 ora• 10' Page lOof 14 K:\Planning Dept\Eagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx 2. A sign permit is required prior to the installation of any signs on this site. 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. 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 Page 1 1 of 14 K:\Planning Dept\Eagle Applications\Dr\20l9\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx 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: 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 Page 12 of 14 K:\Planning Dept\Eagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx 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 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. Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR -49-19) 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 master sign plan criteria is in compliance with Eagle City Code section 8-2A-8 and the building wall signs 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 27th day of August 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho i Stan Ridgeway, Mayor ATTEST: haron K. rgmann, Eagle City C ocEAC4 ,, 0••••• . • O *: .00" • ,e_t Ekt, •• Xes• 121 , /•1/••4• ,e. �. 4TE O „,„ . Page 14 of 14 K:APlanning Dept\Eagle Applications\Dr\2019\DR-49-19 MSP for a Multi -tenant Clinic -Office Bldg in Truman Cove Sub No. 4 ccf.docx