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Findings - DR - 2011 - DR-138-04 MOD4/WA-04-11 - Mod/Wa To The Master Sign Plan For 2 Multi-Tenant Retail Buildings/3Rd Sign BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW MODIFICATION AND ) WAIVER TO THE MASTER SIGN PLAN FOR ) TWO MULTI-TENANT RETAIL BUIDLINGS, ) INCLUDING A THIRD BUILDING WALL SIGN ) FOR MYBULLFROG.COM/VERIZON WIRELESS) FOR MYBULLFROG.COM ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-138-04 MOD2/WA-04-11 The above-entitled design review application came before the Eagle Design Review Board for their consideration on July 14, 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: MyBullFrog.com, represented by Virginia Cunningham with Lytle Signs, Inc., is requesting approval of a design review and waiver application to modify the master sign plan for two multi- tenant retail buildings to allow end unit businesses a third building wall sign. This application is also requesting approval of a third building wall sign for MyBullFrog.com/Verizon Wireless. The site is located on the north side of East State Street,just east of Horseshoe Bend Road at 3116 East State Street within YES Subdivision. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 1, 2011. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 9, 2003, the Eagle City Council approved a design review sign application for the master sign plan for YES Subdivision(formerly Eagle Towne and Country Center(DR-34-03)). On March 22, 2005, the Eagle City Council approved a design review sign application to modify the master sign plan for YES Subdivision (DR-34-03 MOD) which included the approval of the master sign plan for two multi-tenant retail buildings (DR-138-04). On October 15, 2009, the City of Eagle approved a design review sign application to modify the master sign plan for two multi-tenant retail buildings (DR-138-04 MOD). D. COMPANION APPLICATIONS:None E. ZONING DESIGNATION: C-3 (Highway Business District) Page 1 of 8 K.\Planning Dept\Eagle Applications\Dr\2004\DR-138--04 MOD2 mstr sign plan drfdoc F. SIGNAGE: M BullFro:.comNerizon Building Wall Sign Sign Data Proposed Required Wall Sign Dimensions 2' 10"high x 14' wide As limited within this application Area of Signage 35.5-square feet(approximately) 39-square feet(maximum)* Illumination Exposed neon Interior-illumination prohibited Note: Based on 14-foot interior ceiling height multiplied by the width of the tenant's lease space. Buildin• Wall Sins Sign Data Proposed Required Wall Sign Dimensions Varies depending on tenant name and logo As limited within this application Area of Signage Varies depending on tenant name and logo As limited within this application* Illumination Halo or exposed neon Interior-illumination prohibited Note:Based on 14-foot interior ceiling height multiplied by the width of the tenant's lease space. Existin. Monument Sian Sign Data Proposed Required Sign Dimensions 15' high x 14' wide 15' high (maximum) Area of Signage 81-square feet 100-square feet(maximum) Illumination 70 watt HPS accent light at top Interior-illumination prohibited Sign Landscaping 400-square feet(approximately) 243-square feet(minimum) G. SIGN MATERIALS: MyBullFrog.comNerizon Wireless Sign — open pan channel letters painted red and white on the interior of the letters and black on the outside returns. Red and white neon illumination to correspond with interior color of pan channel letters. MyBullFrog.comjPremium Retailer will be non illuminated %2"sintra material painted black. 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. Page 2 of 8 K:\Planning Dept\Eagle Applications\Dr\2004\DR-138-04 MOD2 mstr sign plan drf doc 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. • 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)(b) Any business within a multitenant building that is located on a street corner or which fronts two (2)streets shall be allowed two(2)wall signs. 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(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(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. Page 3 of 8 K:\Planning Depl\Eagle Applications\Dr\2004\DR-178-04 MOD2 mstr sign plan drfdoc C. DISCUSSION: • On March 22, 2005, the Eagle City Council approved a design review sign application to modify the master sign plan for YES Subdivision (DR-34-03 MOD) which included the approval of the master sign plan for two multi-tenant retail buildings (DR-138-04). In order to create distinction between the Master Sign Plan for YES Subdivision and for the two multi- tenant buildings located at 3116 East State Street, staff is modifying the criteria approved by the City on March 22, 2005, to specifically create master sign plan criteria for the two multi- tenant retail buildings located at 3116 East State Street. • The existing master sign plan criteria already allows each of the tenants within both these buildings to have two (2) building wall signs if it has two (2) frontages regardless if it is street or parking lot frontage. The applicant is requesting approval of a waiver to allow three (3) building wall signs for the tenants located on the ends of each of these multi-tenant buildings. Pursuant to Eagle City Code any business within a multi-tenant building that is located on a street corner or which fronts two (2) streets shall be allowed two (2) building wall signs. Staff defers comment regarding the number of signs that should be permitted on the two multi- tenant buildings to the Design Review Board. Should the Board recommend approval of allowing end tenants to have three (3) building wall signs, the criteria modified herein reflects the changes needed to accommodate that change. • Staff recommends the following criteria for the "3116 East State Street Buildings Master Sign Plan"with strike text to be deleted and underline text to be added. 3116 EAST STATE STREET MASTER SIGN PLAN N DE FEBRUARY-200S the restrictions and guidelines of the City of Eagle. SHOPPING CENTER MONUMENT SIGNS &INDIVIDUAL PAD SITE MONUMENT SIGNS 1) All signs are required to be reviewed and approved by the City of Eagle. All signs must be submitted to the landlord in color and to scale prior to submittal to the City of Eagle under the Master Sign Plan for Eagle Promenade Subdivision(DR-34-03 and DR-34-03 MOD)unless modified herein. 2) The tenant shall obtain all necessary City and local permits prior to installation. 3) - -- -•• --' - - • .-- 1 be.°.mimed with e e located on each street • • • ' - !! - -• - -- •- .• • . e •- -an the tenant panel identifying Eagle 4) • • ' _ • . • -- - - - . - shopping center monument signs. Individual Page 4 of 8 K,\Planning Dept\Eagle Applications\Dr\2004\DR-138-04 MOD2 mstr sign plan drf doc - - I II• : . - ... . . ' . • - • . . . .- - . •. - - . . -•• • •- _ : ' • •• - -- : -.. . a. A cross section of the berm showing the EXCEPTION: The multi-tenant building in Eagle Promenade on pad site 13 will be to allow to display two a 15' overall height(with a maximum of 100 square feet in copy area)multi-tenant monument signs. One 15' high multi-tenant monument sign on Horseshoe Bend Road and one 15' high multi-tenant monument sign on East State Street. 5) The background color of all tenant panels to be placed on either monument sign shall be beige. Tenant font, logo, and color are permitted. Each pad site due to the configuration of the berm area may be granted an exception to the"met . . • -- _ - _ . .. ._ . ... . " restriction in the overall height of the sign. A cross section of the berm showing the height of the developer and the City of Eagle. 6) The monument signs will be flood lit fr. • •- _ .. : . . . _ . .• •. . ., . •- - • • - • . • . • . :. Pad site The monument signs will be flood lit. WALL SIGNS: 1) All wall signs will be submitted to the landlord for approval prior to submittal to the City of Eagle under the Master Sign Plan. Submittals will be in duplicate, in color and to scale. 2) Walls signs are permitted to be individual reverse pan channel letters with halo illumination or open pan channel letters with exposed neon. Non-illuminated letters of individual design are permitted in addition to the channel letters subject to landlord and City approval. All signs shall be earth tones 3) Those businesses with two frontages may have signs on both elevations. Those businesses with three frontages may have signs on all three elevations. This includes those businesses that have bath street and parking lot frontage or three two parking lot frontages. 4) All signs in multi tenant buildings will be centered left to right on the elevation over their lease space and will be installed at a consistent bottom height with signs on the building. All signs in multi tenant buildings shall be either halo illuminated or open pan channel letters with exposed neon_as per recently adopted Eagle City Sign Code and shall be approved by the City of Eagle.•• - • -- • • • • : - •..to this date(2/2/05)will be considered a legal non conforming use governed by the City of Eagle • . .• ..• -• .• . . . required. 5) All wall signs shall be a maximum of 10% of the building wall elevation. The building wall elevation shall be measured by the width of the tenant lease space multiplied by a ceiling height of 14'. 6) Directional signs not to exceed 3' in height and 4 square feet are permitted on an •• - •• •• • - -- : •. • . . . and the City of Eagle. All directionals will•• . • - _ - approved by the City of Eagle.• 7) Any wall signs installed prior to this date(2/2/05)will be exempt from the changes herein. Page 5 of 8 K\Planning Dept\Eagle Applications\Dr\2004\DR-138.04 MOD2 mstr sign plan drf doc ACCESSORY SIGNS: 1) Window or door vinyls are permitted to advertise the name of the business and business hours as may be permitted by Eagle City Code. Permanent window vinyls will be included in overall square footage and regulated by Eagle City Code. 2) Banners for special sales and events are permitted and shall comply with Eagle City Code. • Staff defers comment regarding design and color of all proposed signs to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: This design review application includes the request for approval of a waiver of Eagle City Code. If the Eagle City Council approves the waiver, then staff recommends 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 June 1, 2011, at which time the Board made their decision. 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 unanimously voted 5 to 0 (Butler and Pascua absent)to approve DR-138-04 MOD2/ WA-04-11 for a design review and waiver application to modify the master sign plan for two multi-tenant retail buildings allowing the end unit businesses a third building wall sign. This approval also included a third building wall sign for MyBullFrog.com/Verizon Wireless for MyBullFrog.com, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of DR-34-03 and DR-34-03 MOD unless modified herein. 2. The following document titled "3116 East State Street Master Sign Plan" shall be the master sign plan criteria for the two multi tenant retail buildings. 3116 EAST STATE STREET MASTER SIGN PLAN PAD SITE MONUMENT SIGNS 1) All signs are required to be reviewed and approved by the City of Eagle. All signs must be submitted to the landlord in color and to scale prior to submittal to the City of Eagle under the Master Sign Plan for Eagle Promenade Subdivision (DR-34-03 and DR-34-03 MOD)unless modified herein. 2) The tenant shall obtain all necessary City and local permits prior to installation. 3) The multi-tenant building in Eagle Promenade on pad site 13 will be to allow to display two 15' overall height(with a maximum of 100 square feet in copy area)multi-tenant monument Page 6 of 8 K;\Planning Dept\Eagle Applications\Dr\2004\DR-138-04 MOD2 mstr sign plan drf doc signs(Exhibit A). One 15' high multi-tenant monument sign on Horseshoe Bend Road and one 15' high multi-tenant monument sign on East State Street. 5) The background color of all tenant panels to be placed on either monument sign shall be beige. Tenant font, logo, and color are permitted. 7) The monument signs will be flood lit. WALL SIGNS: 1) All wall signs will be submitted to the landlord for approval prior to submittal to the City of Eagle under the Master Sign Plan. Submittals will be in duplicate, in color and to scale. 2) Walls signs are permitted to be individual reverse pan channel letters with halo illumination or open pan channel letters with exposed neon. Non-illuminated letters of individual design are permitted in addition to the channel letters subject to landlord and City approval. All signs shall be earth tones 3) Those businesses with two frontages may have signs on both elevations. Those businesses with three frontages may have signs on all three elevations. This includes those businesses that have street and parking lot frontage or three parking lot frontages. 4) All signs in multi tenant buildings will be centered left to right on the elevation over their lease space and will be installed at a consistent bottom height with signs on the building. All signs in multi tenant buildings shall be either halo illuminated or open pan channel letters with exposed neon. 5) All wall signs shall be a maximum of 10% of the building wall elevation. The building wall elevation shall be measured by the width of the tenant lease space multiplied by a ceiling height of 14'. ACCESSORY SIGNS: 1) Window or door vinyls are permitted to advertise the name of the business and business hours as may be permitted by Eagle City Code. Permanent window vinyls will be included in overall square footage and regulated by Eagle City Code. 2) Banners for special sales and events are permitted and shall comply with Eagle City Code. 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 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. Page 7 of 8 K:\Planning Dept\Eagle Applications\Dr\2004\DR-138-04 MOD2 msir sign plan drf doc 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 completion for this project. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on June 1, 2011. 2. The Board reviewed the particular facts and circumstances of this proposed design review and waiver application (DR-138-04 MOD2/WA-04-11) and based upon the information provided with the conditions required herein, concludes that a waiver of Eagle City Code be allowed based on the unique location of this building as it relates to the adjacent roadways and the drive aisles and parking lot within YES Subdivision. If building wall signs are placed on the south and west building elevations, those patrons coming from the north do not see the tenant located at the western end of the east/west multi-tenant building. A third building wall sign located on the north building elevation will provide recognition for patrons coming from the north. The Board determined that allowing building wall signs on three different elevations for the end tenants would reduce the potential for there to be a banner sign hanging on the third building elevation on an ongoing basis. DATED this 28th day of July 2011. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada C yldaho / /r F Eric R. McCullough, Chairman • ON E;;G' •��', t C.r�;••�QORAT% 5' * ATTEST: * • SENL ,c • 1 ••iii BPIIY a�k��• At SlraroiSergm �� r 1 fitr-tm `)).12Ptet-ti C ks- Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 8 of 8 K:\Planning Dept\Eagle Applications\Dr\2004\DR-I38-04 MOD2 mstr sign plan drf doc