Findings - DR - 2011 - DR-24-11 - 2 Building Wall Signs And A Monument Panel For Aspen Leaf Yogurt BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR TWO BUILDING WALL)
SIGNS AND MONUMNET PANEL FOR ASPEN )
LEAF YOGURT FOR FROZEN REWARDS LLC ;)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-24-11
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on August 11, 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:
Frozen Rewards LLC,represented by Reed Peterman, is requesting design review approval of two
building wall signs(one halo illuminated and one non illuminated)and one monument panel for
Aspen Leaf Yogurt. The site is located on the northeast corner of South Eagle Road and Highway
44 at 396 South Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 6, 2011.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
D. COMPANION APPLICATIONS:None
E. ZONING DESIGNATION: CBD-DA(Central Business District with development agreement)
F. SIGNAGE:
Building Wall Sign(west elevation)
Sign Data Proposed Required
Wall Sign Dimensions 1' 6"high x 14' 8"wide N/A
—
Area of Signage 22-square feet(approximately) 27-square feet(maximum)
Illumination Illuminated by existing gooseneck light 430-milli amps(maximum)
fixtures
Building Wall Sign (south elevation)
Sign Data Proposed Required
Wall Sign Dimensions 1' 6"high x 14' 8"wide N/A
Area of Signage 22-square feet(approximately) 45-square feet(maximum)
Illumination Halo illuminated 430-milli amps (maximum)
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Monument Sign Panel
Sign Data Proposed Required
Sign Panel Dimensions 4' high x 7' 6"wide 4' high x 7' 6"wide
Area of Signage 30-square feet 30-square feet
Illumination 70 watt HPS ground mounted light fixtures Interior-illumination prohibited
G. SIGN MATERIALS:
Building wall signs — Aluminum faces with 3-inch returns, painted Jungle Green, Tangerine,
Orange, and Rust Brown.
Monument sign panel — 3mm black dibond with premium vinyl in Jungle Green, Tangerine,
Orange, and white.
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.
• Eagle City Code Section 8-2A-8(B)
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CABINET SIGN: A sign consisting of one or more translucent panels containing sign copy,
which are interchangeable and which are affixed to a box or cabinet. Cabinet signs are
prohibited.
• 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(E)
Sign Illumination: The design review board 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. 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(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:
• The applicant is proposing to construct two (2) building wall signs. One non illuminated building
wall sign is proposed to be located on the west building elevation and one halo illuminated
building wall sign is proposed to be located on the south building elevation. Both signs are to be
constructed of three inch (3") deep aluminum letters painted Jungle Green, Tangerine, Orange, and
Rust Brown. The non illuminated building wall sign will be mounted flush to the face of the
building. The halo illuminated building wall sign will be pegged off the face of the building 1 %2"
and illuminated with LED lighting. The "Self Serve Frozen" cabinet is proposed to be internally
illuminated by fluorescent lamps. Per Eagle City Code, cabinet signs are prohibited and internally
illuminated signs are prohibited. The applicant should be required to provide a revised elevation
plan showing the "Self Serve Frozen" cabinet sign to be removed from the sign and replaced with
a non illuminated bullet type sign or other approved style of sign. The revised elevation plan
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should be reviewed and approved by staff and two members of the Design Review Board prior to
the issuance of a sign permit.
• The sign panel for the monument sign meets that which was previously approved, however, the
ground mounted light fixtures are not screened from view and shine of the adjacent roadway. The
applicant should be required to screen the ground mounted light fixtures with perimeter
landscaping so as to conceal the fixtures from view.
• 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 11, 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 3 to 0(Grubb, Pascua, Hull, and Comstock absent)to approve DR-24-11 for a
design review application for two building wall signs and a monument panel for Aspen Leaf
Yogurt for Frozen Rewards LLC, with the following staff recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a revised elevation plan showing the "Self Serve Frozen" cabinet sign to be removed from the
sign and replaced with a non illuminated bullet type sign or other approved style of sign. The revised
elevation plan shall be reviewed and approved by staff and two members of the Design Review Board
prior to the issuance of a sign permit.
2. Any ground mounted floodlights used to illuminate the monument sign shall be screened or located so
they do not shine onto the roadway or onto any nearby property. The light fixtures shall be concealed
or screened with perimeter landscaping providing a 12 month screen of sufficient height and density to
conceal such fixtures.
3. 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
County, State and Federal Codes and Regulations shall be complied with. All design and construction
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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 6, 2011.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-24-11) 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 25th day of August 2011.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada C.gu rry;Idah. , / /
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Eric R. McCullough, Chairman �b
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Sharon K. Bergmann, Eagle C' Clerk 11-: ov O
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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