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Findings - DR - 2018 - DR-29-11 MOD - Modification To The Master Sign Plan For A Multi-Tenant Building, Including A Building Wall SignBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A MODIFICATION TO THE MASTER SIGN PLAN FOR A MULTI -TENANT BUILDING, INCLUDING A BUILDING WALL SIGN FOR SODALICIOUS FOR MIKE BEVANS FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -29-11 MOD X -REF: DR -81-07 MOD (MASTER SIGN PLAN FOR EAGLE ISLAND CROSSING) The above -entitled design review application came before the Eagle Design Review Board for their action on February 22, 2018. The Eagle Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Mike Bevans, represented by Virginia Cunningham with Golden West Signs, is requesting design review approval to modify the master sign plan for a multi -tenant building, including one (1) building wall sign for Sodalicious. The 0.74 -acre site is located on the east side of North Fisher Park Way approximately 200 -feet north of State Highway 44 at 94 North Fisher Park Way. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 8, 2018. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 13, 2008, the City Council approved a master sign plan for Eagle Island Crossing Subdivision (DR -81-07). This master sign plan established criteria for the entry monument signs, multi -tenant monument signs, Arts West School Monument sign, and building wall signage for all buildings within the subdivision. On September 27, 2011, the City Council approved a master sign plan for a multi -tenant restaurant/retail building (DR -29-11). This master sign plan established more specific criteria for the building wall signage for all tenants within 94 North Fisher Park Way and approved building wall signage and a menu board sign for Moxie Java. On March 26, 2012, the City Council approved a modification to the master sign plan for Eagle Island Crossing Subdivision (DR -81-07 MOD). This master sign plan modification modified the overall height of the multi -tenant monument sign from 8 -feet high with a sign area of 50 -square feet to 25 -feet high with a maximum sign area of 200 -square feet, allowed the monument display on the east end of the property to have an automated sign panel, allowed for single tenant building monument signs, and updated how the sign area was to be calculated. On September 13, 2017, the City approved a design review application to reface an existing menu board sign for Sodalicious (DR -47-17). On January 24, 2018, the City approved a design review application to construct a non -illuminated Page 1 of 10 K: Planning Dept Eagle Applications Dr 2011 DR -29-I 1 MOD MSP for Multi -tenant Bldg - Sodalicious drfd?c building wall sign on the east building elevation for Sodalicious (DR -47-17 MOD). D. COMPREHENSIVE PLAN DESIGNATION: Mixed Use E. ZONING DESIGNATION: MU -DA (Mixed Use with a Development Agreement) F. COMPANION APPLICATIONS: None G. SIGNAGE: Sodalicious Building Wall Sign (West Elevation) Sign Data Proposed Required* Wall Sign Dimensions 4' 9' " high x 12' wide Varies Area of Signage 45 -square feet (area of oval) 59 -square feet (20% of the area of the building face - maximum) Illumination Halo illumination Interior -illumination prohibited Materials 1/8" aluminum oval background painted Tenant's fonts and colors using matte red, stud mounted 1" off the face of matte or flat finishes the building, individual reverse pan channel letters "Sodalicious" with 2" returns painted brushed silver metallic with brushed aluminum overlays on the letter faces, stud mounted 1 1/2" off the face of the background, 1" HDU "bubbles" painted brushed silver metallic Based on the proposed changes to the master sign plan criteria. H. AGENCY RESPONSES: None I. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Protect and enhance the small town character of the City by requiring signage which is creative and distinctive, compatible with its surroundings, and an integral component of the style and character of the building to which it relates. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8 -2A -2(B) The general theme of the Design Review Overlay District is to specify desirable building and landscape architectural styles and materials to create a sustainable and pleasing environment for residents and visitors alike. The architectural designs, materials, and graphics set forth in this article are complied to create a theme unique to the area called "Eagle Architecture". • Eagle City Code Section 8 -2A -6(A)(4) Signage for any project shall provide for business identification and minimize clutter and confusion on and off the site, and shall be in compliance with section 8-2A-8 of this article and the current edition of the uniform sign code adopted by the city. The Design Review Board shall Page 2 of 10 K \Tanning Dept \Eagle Applications\DAN! I\DR-29-11 MOD MSP for Multi -tenant Bldg - S..d:jfcious drf.doc consider: a. The "overall sign concept" for multi -tenant business centers to assure that it addresses the continuity between tenant sign design and building design; b. The reduction of hazards to motorists, bicyclists and pedestrians as may be caused by or partially attributable to the distraction and obstruction of improperly located and designed signs; c. The provision for effective and necessary business identification systems adapted to the building design; d. The continued maintenance of signs throughout their life; and e. The size, location, design, color, texture, lighting, landscaping, and hours of operations of all permanent signs and outdoor advertising structures or features to ensure that any such proposals do not detract from the function of, or design of, buildings, structures, surrounding properties, neighborhoods, or streets. • Eagle City Code Section 8 -2A -8(A): Applicability: 1. All Signs: Signs shall not be erected or maintained in any district as established by the zoning ordinance except those signs specifically enumerated in this article. 3. Architectural Compatibility: The number, area, and height of signs as outlined in this article are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated maximum standards, the city shall give consideration to a sign's relationship to the overall appearance of the subject property as well as the surrounding area. 4. Materials And Appearance: It is the intent of this article to encourage interesting, creative, readable, effective, uncluttered, and well-maintained signage. Sign materials and appearance shall be complementary to the building architecture and colors. The exhibits provided in the EASD book are examples of the types of sign designs envisioned for the Eagle architecture theme. • Eagle City Code Section 8 -2A -8(B): AREA OF THE BUILDING FACE: The general outer surface of an exterior wall of a building. The area of the building face shall be a total area of such surface, including the area of doors and windows which open into such face, if any. FACE OF SIGN: The surface of the sign area upon, against or through which the message is displayed or illustrated. MASTER SIGN PLAN: A plan designed to show the relationship of signs for any cluster of buildings intended for business occupancy, or any single building containing more than one business or any arrangement of business buildings or shops which constitute a visual entity as a whole. These include developments such as shopping centers, mini -malls, business parks, and multi -tenant commercial, office or industrial buildings housing four (4) or more businesses. Additionally, a master sign plan may be submitted for a single business if the owner chooses to submit an application for a master sign plan for said business. SIGN: Any letters, figures, design, symbol, trademark, logo or device intended to attract attention to any activity or service, place, subject, person, firm, corporation, public performance, machine or merchandise whatsoever, including the display of merchandise. Sources of light used primarily to illuminate a sign, or a building, or grounds surrounding the building, shall not be considered signs Page 3 of 10 K:\I'lannmg Dept\lagle Applications\Dr\201 DDR -29-11 MOD MSI' for Multi-Ienani Bldg - tiodahcious drf.doc themselves; provided however, that sources of light used primarily to attract attention to the light itself or as a decorative feature of the display shall be considered as part of the sign. SIGN AREA: The entire area within a single, contiguous perimeter enclosing the extreme limits of writing, representation, logo, emblem or any figure or similar character, together with any form or other material or color forming an integral part of the display, or used to differentiate such sign area from the background against which it is placed. The sign area shall not include the necessary supports or uprights on which the sign is placed, and superficial, nonilluminated column covers, ornamental trim and other such incidental objects attached thereto, or portions of the sign structure which are not designed to convey a message. STATE HIGHWAY: Highways in and through the city of Eagle that are owned and maintained by the state of Idaho. These include State Highways 16, 20/26, 44 and 55. • Eagle City Code Section 8 -2A -8(C)(1): Wall Signs (Flat and Perpendicular): 1. Wall Signs (Flat And Perpendicular): b. Each business within a multi -tenant building shall be allowed a maximum of three (3) wall signs provided that each sign is placed on a different side of the building. d. For a multi -tenant building the total sign area of all wall signs shall not exceed ten percent (10%) of the area of the building face to which they are attached, except that the total sign area for wall signs that are visible from a state highway shall be a maximum of twenty percent (20%) of the area of the building face to which they are attached. e. The sign area, per side, of any perpendicular wall sign shall not exceed ten percent (10%) of the area of the building face to which it is attached. • Eagle City Code Section 8 -2A -8(C)(13) Sign Illumination: a. The city must find that any illuminated sign permitted under the specific regulations within this article is designed such that brightness levels are controlled to assure a soft, subtle effective light in accordance with other city regulations intended to create and maintain the Eagle architecture theme, while encouraging energy efficient lighting. b. Illumination types, styles, and practices not listed herein shall be prohibited unless otherwise deemed by the design review board and city council to be consistent with the Eagle architecture theme. c. Floodlighting is permitted only through the use of incandescent, LED and high pressure sodium light sources. d. Exposed neon is permitted when used to create the sign letter(s) or as an architectural element as part of the sign design. A clear covering may be permitted for protection of the neon element. e. Halo illumination is permitted. f. Metal halide is not permitted as a light source for signage. g. All types of intemal 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. Page 4 of 10 K IManning Dept\Eagle Applications\De120111DR-29-1 I MOD MSI' for Multi -tenant Bldg - Sodalcious drf.doc 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. (Ord. 756, 8-23-2016) C. DISCUSSION: • The applicant is proposing to modify the master sign plan for a multi -tenant restaurant/retail building to modify how the sign area is calculated and what sign colors are allowed on the building. Below are the applicant's proposed changes to the current criteria for the "Multi -tenant Restaurant/Retail Building Master Sign Plan" with text shown with underline to be added to the criteria and text shown with strikethrough to be deleted from the criteria: Multi -tenant Restaurant/Retail Building Master Sign Plan 94 N. Fisher Park Way This criterion has been established for the mutual benefit for all tenants. Conformance will be strictly enforced, and any non -conforming or unapproved signs must be removed or brought into conformance at the expense of the tenant. A. GENERAL APPROVAL REQUIREMENTS 1. Each tenant shall be required to submit signage plans to the building's managing entity for written approval. A design review sign application, accompanied by the written approval of the managing entity, shall be submitted to the City for any proposed signs for City review and approval. All signs shall be in compliance with the criteria stated herein as well as Eagle City Code. In cases of any conflict between Eagle City Code and the criteria specified herein, the more restrictive requirements shall apply. 2. All permits for tenant's signs and their installation shall be obtained by tenant or his representative and shall conform to all local building and electrical codes as well as the criteria set forth hereafter. 3. All tenant signs shall be designed, constructed and installed at tenant's expense. 4. No exposed conduit, brackets, fasteners or wiring of any type will be permitted. No raceways will be permitted. 5. All signs shall meet Underwriters Laboratories and National Electrical code requirements. 6. Tenant shall be required to fulfill all the requirements of these criteria. Page 5 of 10 K:Wlanning DcpAGaglc Applications\Dr\2OI I\DR-29-I I MOD MSI' fur Multi -tenant Bldg - Sudalcious drt duc B. NUMBER, LOCATION, DESIGN AND CONSTRUCTION OF SIGNS: 1. Exterior wall signs may be individual reverse pan channel letters (halo illuminated), exposed neon, or externally illuminated. 2. Tenant shall be permitted a maximum square footage of 10%space of the area of the building face to which it is attached. except that any wall sign that is visible from a state highway shall be permitted a maximum of twenty percent (20%) of the area of the building face to which it is attached. Wall area shall be calculated by multiplying the height of the building wall by the length (H x L) of the tenant's elevation. .. '. 3. Tenants will be allowed to use fonts and ear -colors for their logo, using matte or flat finishes. All tenant's identification designs, copy, color and shapes shall require Landlord and City of Eagle's approval. 4. Any other signage such as temporary grand opening, etc. shall be approved by landlord prior to installation and comply with Eagle City Code. 5. Any signage on doors or windows shall be approved by landlord prior to installation and comply with Eagle City Code. 6. No monument or directional signs are proposed and none are approved. C. MISCELLANEOUS REQUIREMENTS: 1. Tenant shall be responsible for the operations of tenant sign contractors. Tenant and sign contractor will be liable for any actions committed during installation or service of signage. 2. Tenant or his representative shall be responsible for cost of maintenance, service, repair or replacement of tenant's sign, time clock or electrical wiring. 3. Tenant shall be required to keep his/her sign in working order and all surfaces shall be maintained in good condition. Tenant shall also be responsible for any repair or painting for wall upon leaving of said space. 4. Upon termination of their lease, the tenant or managing entity shall neatly seal all penetrations of the building structure in a watertight condition that matches the texture, color, and material used in the construction of the building. • Eagle City Code Section 8 -2A -8(A) states, "Architectural Compatibility: The number, area, and height of signs as outlined in this article are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated maximum standards, the City shall give consideration to a sign's relationship to the overall appearance of the subject property as well as the surrounding area." Staff defers comment regarding the proposed changes to the master sign plan criteria and the Sodalicious building wall sign to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff defers comment regarding the proposed changes to the master sign plan to the Design Review Board. If the Board approves the application, staff recommends the site specific conditions of approval and the standard conditions of approval provided within the staff report. Page 6 of 10 K:\I'lannmg Dcptlhagtc Applications\Dr\201 IDR -29-I I MOI) MSI' fur Multi -tenant Mg - Sodalicious drldot. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on February 22, 2018, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 27:44) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board affirms the size of the building wall sign proposed. • The Board is concerned with the relationship of the building wall sign (shape and color) to the existing decorative half-timber trim on the building elevations. The Board recommends adding a tan rectangular frame around the oval sign that will match the building wall color and be more cohesive with the other signs within the shopping center. • The Board affirms that by adding a rectangular frame around the proposed sign, the corporate logo for Sodalicious is not being altered. • The Board affirms that all tenant panel background colors on the multi -tenant monument sign should be a consistent cream color and the current master sign plan (DR -81-07 MOD) should not be modified. BOARD RECOMMENDATION REGARDING DR -81-07 MOD: The Board voted 5 to 0 (Grubb and Brasher absent) to recommend the Eagle Island Crossing master sign plan (DR -81-07 MOD) not be modified and to maintain the required cream color background on all monument sign tenant panels. Note: The Board was supportive of the removal of item B(2)(f) requiring the all tenants to use 1/8" routed aluminum letters painted flat or matte black due to the master sign plan exhibit showing all tenant panels to have a cream colored background with vinyl overlay. BOARD RECOMMENDATION REGARDING DR -29-11 MOD: The Board voted 5 to 0 (Grubb and Brasher absent) to approve DR -29-11 MOD for a design review application to modify the master sign plan for a multi -tenant building, including one (1) building wall sign for Sodalicious for Mike Bevans, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board and text shown with strike through to be deleted by the Board. Page 7 of 10 K:U'Iannmg Dept\I agle Applications\Dr\201 IDR -29-1 I MOD MSP for Multi tenant Bldg - Sodahcious drf.doc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The following shall be the master sign plan for the multi -tenant restaurant/retail building: Multi -tenant Restaurant/Retail Building Master Sign Plan 94 N. Fisher Park Way This criterion has been established for the mutual benefit for all tenants. Conformance will be strictly enforced and any non -conforming or unapproved signs must be removed or brought into conformance at the expense of the tenant. A. GENERAL APPROVAL REQUIREMENTS 1. Each tenant shall be required to submit signage plans to the building's managing entity for written approval. A design review sign application, accompanied by the written approval of the managing entity, shall be submitted to the City for any proposed signs for City review and approval. All signs shall be in compliance with the criteria stated herein as well as Eagle City Code. In cases of any conflict between Eagle City Code and the criteria specified herein, the more restrictive requirements shall apply. 2. All permits for tenant's signs and their installation shall be obtained by tenant or his representative and shall conform to all local building and electrical codes as well as the criteria set forth hereafter. 3. All tenant signs shall be designed, constructed and installed at tenant's expense. 4. No exposed conduit, brackets, fasteners or wiring of any type will be permitted. No raceways will be permitted. 5. All signs shall meet Underwriters Laboratories and National Electrical code requirements. 6. Tenant shall be required to fulfill all the requirements of these criteria. B. NUMBER, LOCATION, DESIGN AND CONSTRUCTION OF SIGNS: 1. Exterior wall signs may be individual reverse pan channel letters (halo illuminated), exposed neon, or externally illuminated. 2. Tenant shall be permitted a maximum square footage of 10% of the area of the building face to which it is attached, except that any wall sign that is visible from a state highway shall be permitted a maximum of twenty percent (20%) of the area of the building face to which it is attached. Wall area shall be calculated by multiplying the height of the building wall by the length (H x L) of the wall for that portion of the building the tenant occupies. 3. Tenants will be allowed to use fonts and colors for their logo, using matte or flat finishes. All tenant's identification designs, copy, color and shapes shall require Landlord and City of Eagle's approval. 4. Any other signage such as temporary grand opening, etc. shall be approved by landlord prior to installation and comply with Eagle City Code. 5. Any signage on doors or windows shall be approved by landlord prior to installation and comply with Eagle City Code. 6. No monument or directional signs are proposed and none are approved. Page 8 of 10 K:U'Ianning Dept\Eagle Applications\DA201 BOR -29-I I MOD MSI' for Multi -tenant Bldg - Sodalicious &Um; C. MISCELLANEOUS REQUIREMENTS: 1. Tenant shall be responsible for the operations of tenant sign contractors. Tenant and sign contractor will be liable for any actions committed during installation or service of signage. 2. Tenant or his representative shall be responsible for cost of maintenance, service, repair or replacement of tenant's sign, time clock or electrical wiring. 3. Tenant shall be required to keep his/her sign in working order and all surfaces shall be maintained in good condition. Tenant shall also be responsible for any repair or painting for wall upon leaving of said space. 4. Upon termination of their lease, the tenant or managing entity shall neatly seal all penetrations of the building structure in a watertight condition that matches the texture, color, and material used in the construction of the building. 2. Comply with DR -81-07 MOD for monument sign and monument sign tenant panel requirements. 3. A sign permit is required prior to the installation of any signs on this site. 1. Tho appioant to till 10WAVA�ce-of-a-sis . p rf t-h:na'..lz:i o: -4-2ia :t :n.t p&ncls prior .... . ..'- dpwtsrt� 4. Provide a revised sign elevation showing the addition of a tan rectangular background to match the building wall color located behind the red oval sign. The revised sign elevation shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a sign Hermit. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. A building permit/zoning permit shall be required prior to construction of any sign which is not attached to a building with an active building permit. 2. Approval shall expire without notice to the applicant on the date of expiration of this Design Review, as stipulated in Eagle City Code (one year from 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 9 of 10 K:U'lanning Dept\Eagle Applications\Dr\2011\DR-29-11 MOD MS1' for Multi -tenant Bldg • Sodalicious drfdoc 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 Board reviewed the particular facts and circumstances of this proposed design review application (DR -29-11 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13(B)(2)(i), and has concluded: i. The building wall sign, with the addition of a tan rectangular background located behind the proposed oval sign, the sign will be harmonious with the architectural design of the building and existing signs throughout the shopping center and will not cover or detract from desirable architectural features. 3. With regard to design review application (DR -81-07 MOD) the Board determined that the monument sign tenant panels all having a consistent cream colored background are harmonious with the architectural design of the buildings and existing signs throughout the shopping center, and will not cover or detract from desirable architectural features. DATED this 8th day of March 2018. DESIGN REVIEW BOARD OF THE CIT OF EAGLE Ada CoW. ' aho Robert Grubb, Chairman solialliesip ATTEST: .••'s V,AGCF•••••, /OF •••••.• •,, - II • Sha. m Bergmann, Eagle City Clerk U� u �• Q+y S• (0 *'•• STATE 0 ••• eeeeee 00 eeee Page 10 of 10 K:\I'lanning Dept\I3aglc Applications\Dr\201 I\DR-24-11 MOI) MSI' for Multi -tenant Bldg - Sodaticious drf.doc