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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