Findings - DR - 2011 - DR-29-11 - Master Sign Plan For Multi-Tenant Restaurant/Retail/Sign Moxi Java BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR A MASTER SIGN PLAN)
FOR A MULTI-TENANT RESTURANT/RETAIL )
BUILDING,INCLUDING SIGNAGE FOR MOXIE )
JAVA FOR EAGLE ISLAND CROSSING,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-29-11
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on August 25, 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:
Eagle Island Crossing, LLC, represented by Scott Schneider, is requesting design review approval
of a master sign plan for a multi-tenant restaurant/retail building, including signage for Moxie
Java. The 0.75-acre site is located on the north side of West State Street within Arts West
Subdivision at 94 North Fisher Park Way.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 21, 2011.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 12, 2008, the Eagle City Council approved a design review sign application for the
master sign plan for Eagle Island Crossing(aka: Arts West Subdivision)(DR-81-08).
D. COMPANION APPLICATIONS: DR-28-11 (design review application for the building).
E. ZONING DESIGNATION: MU-DA (Mixed Use with development agreement).
F. SIGNAGE:
Buildin: Wall Si In(East Elevation)
Sign Data Proposed Required
Wall Sign Dimensions 4' high x 11' wide N/A
Area of Signage 44-square feet 39-square feet(maximum)
Illumination Halo illuminated Interior-illumination prohibited
Page 1 of 9
K_\Planning Depl\Eagle Applications\Dr\2011\DR-29-1 I MSP for Multi-tenant Bldg-Moxie Java drf doc
Building Wall Sign (West Elevation)
Sign Data Proposed Required
Wall Sign Dimensions 4' high x 11' wide N/A
Area of Signage 44-square feet 44-square feet(maximum)
Illumination Halo illuminated Interior-illumination prohibited
Menu Board Monument Si.n
Sign Data Proposed Required
Sign Dimensions 6' 8"high x 8' wide To be determined by the Design
Review Board
Area of Signage 28-square feet To be determined by the Design
Review Board
Illumination 800-milli amps 430 milli amps (maximum)
Sign Landscaping 0-square feet 84-square feet(minimum)
G. SIGN MATERIALS:
Building Wall Signs — Cup logo is a reverse pan channel letter with 3-inch deep returns painted
matte teal and pegged off the face of the building 1-inch with teal halo illumination. The Moxie
Java text is reverse pan channel letters with 3-inch deep returns with red and yellow halo
illumination respectively. The Moxie letters will have white vinyl boarder around them. Both the
Moxie and Java letters will be pegged off the face of the cup logo 1-inch.
Menu Monument Sign — fabricated aluminum with custom patina finish (bronco brown and
chocolate brown). Internally illuminated using 800-milli amp fluorescent lamps.
H. AGENCY RESPONSES:None
I. LETTERS FROM THE PUBLIC:None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• 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
Page 2 of 9
K:\Planning Dept\Eagle Applications\Dr\2011\DR-29-11 MSP for Multi-tenant Bldg-Moxie Java drf.doc
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)(c)
The total area of any wall sign attached parallel to, or painted on the face of a building shall
not exceed ten percent(10%)of the total area of the building face to which it is attached or
painted.
• 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.
1. Permitted Illumination:
a. Floodlighting: Permitted only through the use of incandescent and high pressure sodium
light sources. Metal halide is not permitted as a light source.
b. Exposed neon: Permitted when used to create the sign letter(s)or as an architectural
element as part of the sign design. A maximum of four hundred thirty(430)milliamps
is permitted.
c. Halo illumination.
2. Prohibited Illumination:
a. Internal illumination: All types.
• Eagle City Code Section 8-2A-8(F)
Landscaping: Landscaping shall be provided at the base of all directional signs and monument
signs. Landscape plans shall be prepared by or under the responsible control of a licensed
landscape architect with said plans to be duly stamped to clearly identify the preparer. The
amount required shall be three(3)times the size of the largest exposed surface.
• 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
Page 3 of 9
K_\Planning Dept\Eagle Applications\Dr\2011\DR-29-11 MSP for Multi-tenant Bldg-Moxie Java drf doc
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:
• The applicant is requesting approval of a master sign plan for this multi-tenant building. Staff
recommends the following criteria for the "Multi-tenant Restaurant/Retail Building, Master Sign
Plan, 94 N. Fisher Park Way".
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 their tenant space. Wall
area shall be calculated by multiplying the height up to the interior wall by the length (H x
L)of the tenant's elevation. Allowable height to interior ceiling for restaurant or retail
space is 13'.
3. Tenants will be allowed to use fonts and earth tone 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.
Page 4 of 9
K:\Planning Dept\Eagle Applications\Dr\2011\DR-29-11 MSP for Multi-tenant Bldg-Moxie Java drfdoc
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.
• On October 27, 1997, the City of Eagle approved an administrative interpretation on Fast-food
Menu Boards (AI-1-97). Pursuant to this administrative interpretation the fast-food menu boards
are permitted with the following conditions:
1. Comply with the general theme of the Design Review Overlay District,which is to
encourage the use of American Northwest and 1870 through 1930 architectural styles and
the use of those materials, graphics and architectural designs set forth in the DR chapter.
2. Comply with Eagle City Code Section 8-2A-8(C)(1), which states, "Sign materials and
overall appearance shall compliment with the building architecture and colors as
determined by the Design Review Board."
3. Maximum height and size shall be determined by the Design Review Board on a case by
case basis.
4. "Fast-Food Menu Boards"shall be content neutral and shall not advertise the business.
5. Internally illuminated "Fast-Food Menu Boards" are prohibited unless the illuminated sign
face is screened from view from a public sidewalk, public or private street, existing
residence, or existing residentially zoned property.
6. Externally illuminated or non illuminated"Fast-Food Menu Boards"shall be located so
the sign is not legible to a person of average eyesight standing on any public sidewalk,
public or private street, property line of an existing residence, or property line of an
existing residentially zoned property.
7. No sign shall block sight visibility for any vehicle.
8. Any Design Review Board decision on"Fast-Food Menu Boards"may be appealed to the
City Council under the criteria for a design review appeal as provided for in Eagle City
Code.
The applicant is proposing to construct a 6'-8 %2" high internally illuminated Menu Board
Monument Sign. The administrative interpretation for fast food menu boards does not allow menu
boards to advertise the business and requires the menu boards to be content neutral. The Menu
Board Monument Sign advertises the restaurant name on the face of the menu board. The
applicant should be required to provide revised elevation plans of the Menu Board Monument
Sign, showing the sign is content neutral without the name of the restaurant on the signs. The
revised elevation plan should be reviewed and approved by staff prior to the City accepting a sign
permit for this site.
Page 5 of 9
K:\Planning Dept'Eagle Applications\Dr\2011\DR-29-11 MSP for Multi-tenant Bldg-Moxie Java drfdoc
Pursuant to the administrative interpretation for fast food menu boards, an internally illuminated
Menu Board Monument sign is prohibited unless the illuminated sign face is screened from view
from the public sidewalk, public or private street, existing residence, or existing residentially
zoned property. The landscape plan date stamped by the City on August 18, 2011, shows a 4-foot
high CMU wall to be constructed along the west side of the drive-thru lane. The 4-foot high CMU
wall will not screen the Menu Board Monument sign from view from the public sidewalk or public
street. The applicant should be required to provide a revised landscape plan showing how the
Menu Board Monument sign will be screened from view from the public sidewalk and street or
provide revised sign elevations showing the Menu Board Monument sign to not be internally
illuminated. The revised landscape plan or sign elevation plans should be reviewed and approved
by staff and two members of the Design Review Board prior to the City accepting a sign permit for
this site.
• The Menu Board Monument sign is proposed to be located 18-feet west of the proposed building.
The landscape plan does not show any landscaping proposed at the base of the monument sign.
Pursuant to Eagle City Code, landscaping is required at the base of all monument signs. A
minimum of three (3) times the size of the exposed surface is required to be planted around the
monument sign. The applicant should be required to provide a revised landscape plan showing a
minimum of 84-square feet of landscaping around the base of the Menu Board Monument sign.
The revised landscape plan should be reviewed and approved by staff and two members of the
Design Review Board prior to the City accepting a sign permit for this site.
• The applicant is proposing to construct a 44-square foot building wall sign on the east building
elevation. Pursuant to Eagle City Code, the total area of any wall sign attached parallel to, or
painted on the face of a building shall not exceed ten percent (10%) of the total area of the
building face to which it is attached or painted. The building wall sign proposed on the east
building elevation exceeds that which is permitted within Eagle City Code which is 39-square feet.
The applicant should be required to provide a revised plan showing the building wall sign
proposed on the east building elevation not exceeding 39-sqare feet. The revised plan should be
reviewed and approved by staff prior to the City accepting a sign permit for this site.
• Staff defers comment regarding design and color of all proposed signs to the Design Review
Board.
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 August 25, 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 voted 6 to 0(Hull abstained)to approve DR-29-11 for a design review application for a
master sign plan for a multi-tenant restaurant/retail building, including signage for Moxie Java, for
Eagle Island Crossing, LLC, with the following staff recommended site specific conditions of
approval and standard conditions of approval with text shown with strike thru to be added by the
Board.
Page 6 of 9
K;\Planning Dept\Eagle Applications\Dr\2011\DR-29-11 MSP for Multi-tenant Bldg-Moxie Java drf doc
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The following shall be the criteria 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 their tenant space. Wall
area shall be calculated by multiplying the height up to the interior wall by the length (H x
L)of the tenant's elevation. Allowable height to interior ceiling for restaurant or retail
space is 13'.
3. Tenants will be allowed to use fonts and earth tone 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 7 of 9
K:\Planning Dept\Eagle Applications\Dr\2011 CDR-29-11 MSP for Multi-tenant Bldg-Moxie Java drfdoc
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. Provide revised elevation plans of the Menu Board Monument Sign, showing the sign is content
neutral without the name of the restaurant on the signs. The revised elevation plan shall be reviewed
and approved by staff prior to the City accepting a sign permit for this site.
3. Provide a revised landscape plan showing how the Menu Board Monument sign will be screened from
view from the public sidewalk and street or provide revised sign elevations showing the Menu Board
Monument sign to not be internally illuminated. The revised landscape plan or sign elevation plans
shall be reviewed and approved by staff and two members of the Design Review Board prior to the
City accepting a sign permit for this site.
4. .. . :.. . " :• . •••• •_ - - . •• - . •- . .. '_., _ .
. • - •- . • .._ exceed '130 milli amps. The revised elevations
shall be reviewed and approved by staff prior to the City accepting a sign permit for this site.
5. Provide a revised landscape plan showing a minimum of 84-square feet of landscaping around the base
of the Menu Board Monument sign. The revised landscape plan shall be reviewed and approved by
staff and two members of the Design Review Board prior to the City accepting a sign permit for this
site.
6. Provide a revised plan showing the building wall sign proposed on the east building elevation not
exceeding 39-sqare feet. The revised plan should be reviewed and approved by staff prior to the City
accepting a sign permit for this site.
7. Provide revised elevation plans of the "Menu Board" showing that the signs are content neutral and
with the name of the restaurant on the signs removed. The revised elevation plans shall be reviewed
and approved by staff prior to the City accepting a sign permit for this site.
8. 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. 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
Page 8 of 9
K:\Planning Depl\Eagle Applications\Dr\2011\DR-29-11 MSP for Multi-tenant Bldg-Moxie Java drf doc
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
completion for this project.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 21, 2011.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-29-11) 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 8th day of September 2011.
DESIGN REVIEW BOARD
OF THE CITY OF EA -E
Ada County, Idaho
,I, .11 .Illege ...,,... .....
ric R. McCullo . .h, Chairman '' .t OFF F �'',
.• crese•""*"..oe •-.,
ATTEST: t t6
SEAL •
p f Sharon K. Bergmann, Eagle Ci Clerk jf (:,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 9 of 9
K:\Planning Depl\Eagle Applications\Dr\2011\DR-29-11 MSP for Multi-tenant Bldg-Moxie Java drfdoc