Findings - DR - 2010 - DR-29-10 - 2 Building Wall Signs For Model Home Furnishing BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR TWO )
BUILDING WALL SIGNS FOR MODEL )
HOME FURNISHINGSFOR TODD KAMPS)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-29-10
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on January 13, 2011. 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:
Todd Kamps,represented by Todd Taylor with Young Electric Sign Company, is requesting
design review approval to construct two building wall signs for Model Home Furnishings. The
site is located on the south side of State Highway 44 at 1041 South Ancona Avenue within
Ancona Business Park.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 9, 2010.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 8, 2004, the Eagle City Council approved a design review application for the construction
of a multi-tenant flex space building(DR-20-04).
On June 22, 2004, the Eagle City Council approved a design review sign application for a master
sign plan for a multi-tenant flex space building(DR-28-04).
On June 12, 2007, the Eagle City Council approved a design review sign application for a
monument sign for the Ancona Business Park(DR-23-07).
D. COMPANION APPLICATIONS:None
E. ZONING DESIGNATION: MU(Mixed Use)
F. SIGNAGE:
Building Wall Sign(north elevation)
Sign Data Proposed Required
Wall Sign Dimensions 2' high x 27' wide N/A
Area of Signage 54-square feet 111-square feet(maximum)
Illumination Open pan channel letters with exposed neon Interior-illumination prohibited
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Building Wall Sign(west elevation)
Sign Data Proposed Required
Wall Sign Dimensions l' 4"high x 23' 10 1/4"wide N/A
Area of Signage 32-square feet 72-square feet(maximum)
Illumination Non-illuminated Interior-illumination prohibited
G. SIGN MATERIALS:
North Building Wall Sign — Steel frame beam (painted to match color of metal beams on
building), open pan channel letters to be painted white, illuminated with white exposed neon.
West Building Wall Sign — 1/8-inch thick aluminum letters painted duranodic bronze pegged off
the face of the building '/-inch. There is an existing building wall light located on this elevation
that will provide illumination of this proposed sign.
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.
• Eagle City Code Section 8-2A-6(A)(4)(c)
Signs are to provide effective and necessary business identification systems adapted to the
building design.
• Eagle City Code Section 8-2A-6(A)(4)(e)
The size, location, design, color, texture, lighting, landscaping, and hours of operations of all
permanent signs and outdoor advertising structures or features to insure that any such
proposals do not detract from the function of, or design of, buildings, structures, surrounding
properties,neighborhoods, or streets.
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• Eagle City Code Section 8-2A-8(C)(1)
Sign materials and overall appearance shall compliment the building architecture and colors as
determined by the Design Review Board.
• Eagle City Code Section 8-2A-8(C)(4)(a)
A freestanding single tenant building shall be allowed two(2)wall signs, provided that, each
sign is placed on a different side of the building. The entire building shall be permitted one
monument sign for every street it fronts. The sides of the building on which the signs are to be
placed shall be shown by the owner, but shall be as approved by the design review board.
• Eagle City Code Section 8-2A-8(D)
Special Portable Signs: Special portable signs, which are not classified as portable temporary
signs as regulated within this title, which are used on an ongoing daily basis throughout the
year may be permitted by the city if the following criteria is complied with:
1. Special portable signs shall require a design review application and city council
approval.
2. Special portable signs shall be unique in character with styles designed in accordance
with Eagle architecture. Materials shall be weatherproofed and shall be properly
maintained.
3. Illumination for special portable signs is prohibited.
4.No more than one special portable sign shall be permitted for any business.
5. Special portable signs shall be a maximum of sixteen(16)square feet along roadways
with three(3) or less travel lanes with a speed limit of twenty five(25)miles per hour or
less and twenty five(25) square feet along roadways with more than three (3)travel lanes
or along roadways with a speed limit of over twenty five(25)miles per hour.
6. Special portable signs shall be a maximum of five feet(5') in height along roadways
with three (3)or less travel lanes with a speed limit of twenty five(25)miles per hour or
less and seven feet(7') in height along roadways with more than three(3)travel lanes or
along roadways with a speed limit of over twenty five (25)miles per hour.
7. Special portable signs shall only be permitted on, or on the sidewalk adjacent to,the
parcel on which the business is located and shall not be permitted on any other parcel
except that any multi-tenant site shall have the sign on the site and not on any other site.
8. Special portable signs on a public sidewalk abutting the business's parcel may be
permitted if a minimum of five feet(5')of unobstructed walkway, or ADA required
minimum, remains for pedestrians.
9. Any sign in a driveway or street sight vision triangle shall be a maximum of thirty two
inches (32")high measured from the driveway or street.
10. Special portable signs shall not be permitted to be on or within any berm or any
portion of a landscaped area unless the sign is placed in a location so it is level and does
not inhibit or block an irrigation system or maintenance or access thereto.
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11. Special portable signs shall be moved inside of the building at the end of each business
day.
12. Special portable signs shall be permitted for no longer than six(6)months per calendar
year unless a six(6)month extension of time is approved by the Zoning Administrator.
Upon finding that the subject special portable sign remains in good repair and finish,the
Zoning Administrator may grant subsequent six(6)month extensions. This administrative
decision may be appealed to the city council in accordance with Section 8-7-4 of this code.
13. Banner signs shall not be considered special portable signs.
• Eagle City Code Section 8-2A-8(E)
The design review board must find that any illuminated sign permitted under the specific
regulations within this chapter 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. 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.
• Eagle City Code Section 8-2A-8(L)(9)
Other Portable/Temporary Signs: A-frame, sandwich board, sidewalk, banner,pennant and
similar signs shall be permitted for a maximum of thirty(30)days (days need not be
consecutive)within any three(3)calendar months if the following criteria is complied with
(this section does not apply to "special portable signs" as regulated within this title):
a. No more than two(2)portable/temporary signs shall be permitted for any business.
b. Other than banner type signs,portable/temporary signs shall be a maximum of nine(9)
square feet along roadways with three(3)or less travel lanes with a speed limit of twenty five
miles per hour(25 mph)or less and sixteen(16) square feet along roadways with more than
three(3)travel lanes or along roadways with a speed limit of over twenty five miles per hour
(25 mph).
c. Banner type signs shall be a maximum of twenty(20) square feet.
d. Other than banner type signs, portable/temporary signs shall be a maximum of three feet(3')
in height along roadways with three(3)or less travel lanes with a speed limit of twenty five
miles per hour(25 mph)or less and five feet(5') in height along roadways with more than
three(3)travel lanes or along roadways with a speed limit of over twenty five miles per hour
(25 mph).
e. Portable/temporary signs shall only be permitted on the parcel, or sidewalk abutting the
parcel, on which the business is located and shall not be permitted on any other parcel except
that any multitenant site shall have the sign on the site and not on any other site.
f Portable/temporary signs on a public sidewalk abutting the business's parcel may be
permitted if a minimum of five feet(5')of unobstructed walkway, or ADA required minimum,
remains for pedestrians.
g. Portable/temporary signs shall not be permitted to be on or within any berm or any portion
of a landscaped area.
h. Other than banner type signs, portable/temporary signs shall be moved inside of the
building at the end of each business day.
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i. Other than banner type signs, portable/temporary signs shall be reviewed and approved by
the zoning administrator, or staff member designated by the zoning administrator, and one
design review board member within five(5)working days of the proposal being submitted to
the city.
j. All portable/temporary signs be made of weatherproof material.
• Eagle City Code Section 8-2A-8(K)(1)
No signs shall be erected or maintained in any district as established by the Zoning Ordinance
except those signs specifically enumerated in this Chapter. The number and area of signs as
outlined in this Chapter are intended to be maximum standards which do not necessarily
ensure architectural compatibility. Therefore, in addition to the enumerated standards,
consideration shall be given to a sign's relationship to the overall appearance of the subject
property as well as the surrounding community. Compatible design, simplicity and sign
effectiveness are to be used in establishing guidelines for sign approval.
C. DISCUSSION:
• On June 8, 2004, the Eagle City Council approved a design review application for a multi-tenant
flex space building (DR-20-04). On June 22, 2004, the Eagle City Council approved a design
review sign application for a master sign plan for this multi-tenant flex space building(DR-28-04).
The applicant is requesting approval to abandon the master sign plan associated with this building
since the current tenant, Model Home Furnishings, encompasses the entire building and to
construct two building wall signs for said business. The size, location, and type of illumination do
not exceed that which is permitted within Eagle City Code. Staff defers comment with regard to
the design and color of the proposed signs to the Design Review Board.
• Currently, the applicant has a large sign posted between metal fence posts, two decorative chairs,
and several ground mounted light fixtures located in the lawn area north of the pathway adjacent to
this site. The location of the sign, furniture, and lighting is all located within the public right-of-
way and landscape area along State Highway 44; which is not permitted per Eagle City Code. The
applicant should be required to remove the sign, furniture, and lights located adjacent to State
Highway 44, north of the pathway, prior to a sign permit being issued for this site. If the applicant
would like to have a special portable sign to be used on an ongoing daily basis throughout the year,
the applicant should be required to submit a design review application for review and approval by
the city.
• While the applicant's justification letter states that there is no longer a business association and
that they no longer consider themselves apart of the Ancona Business Park, they are in fact a lot
located within Ancona Park Subdivision (Lot 2, Block 1, Ancona Park). On June 12, 2007, the
Eagle City Council approved a design review sign application for a monument sign for the Ancona
Business Park (DR-23-07). With the approval of this monument sign, it was specified that no
other monument signs are permitted within this development and that no individual tenant panels
are permitted on the monument sign.
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 January 13, 2011,
at which time the Board made their decision.
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B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 5 to 0(Butler and McCullough absent) to approve DR-29-10 for a design review
application for two building wall signs for Model Home Furnishings for Todd Kamps,with the
following staff recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The Ancona Business Park, Lot 2, Master Sign Plan is no longer valid. If this building becomes a
multi-tenant building again with individual business requesting individual signage, a design review
sign application is required to be reviewed and approved prior to any signs being installed on this
building.
2. Remove the sign, furniture, and lights located adjacent to State Highway 44, north of the pathway,
prior to a sign permit being issued for this site.
3. No monument signs are allowed on this site.
4. If the applicant would like to have a special portable sign to be used on an ongoing daily basis
throughout the year, the applicant shall be required to submit a design review application for review
and approval by the city.
5. A sign permit is required prior to the installation of any signs on this site.
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 the City Council 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.
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
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completion for this project.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 9, 2010.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-29-10) 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.
DATED this 27th day of January 2011.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada :,• ty, Idaho
Ale
Eric R. cCullough, Ch " an ",,,, ,,,,
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Sharon K. Bergmann, Eagle City 1 lerk •••,��q HO �.•'�,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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