Findings - DR - 2011 - DR-33-11 - Signage On The Fule Island For Stinker (Formerly Albertson's Express) BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR SIGNAGE ON THE )
FUEL ISLAND FOR STINKER(FORMERLY )
ALBERTSONS EXPRESS)FOR SHAWN DAVIS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-33-11
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on October 27, 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:
Shawn Davis,represented by Nathan Fuller with Lytle Signs, Inc., is requesting design review
approval for fuel island signage for Stinker(formerly Albertson Express). The site is located on
the east side of South Eagle Road approximately 160-feet north of State Highway 44 at 434 South
Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 6, 2011.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 15, 1997, the Eagle City Council approved a design review application modifying the
parking lot of Albertsons to accommodate the fuel island and canopy(DR-17-95 MOD).
On October 29, 1997, City Staff approved a design review sign application approving signage on
the fuel island and modifying the Albertsons monument sign to include signage for the fuel island
(DR-28-97).
On March 8, 2005, the Eagle City Council approved a design review application to modify the
building wall signs and monument sign for the Eagle Albertson's facility(DR-136-04).
On August 9, 2005, the Eagle City Council approved a design review application to modify the
building wall signs for the Eagle Albertsons facility(DR-53-05).
On June 20, 2006, the Eagle City Council approved a design review sign application modify the
signage for the Albertsons facility which included modifications to the monument sign (DR-37-
06).
D. COMPANION APPLICATIONS:None.
E. ZONING DESIGNATION: CBD-DA (Central Business District with development agreement).
Page 1 of 7
K:\Planning Dept\Eagle Applications\Dr\2011\DR-33-I 1 Stinker Kiosk Signage drf doc
F. SIGNAGE:
Sinclair Fuel Island Canopy Building Wall Sign(south elevation)
Sign Data Proposed Required
Wall Sign Dimensions 2' 4" high x 8' 3"wide N/A
Area of Signage 20-square feet each sign (approximately) 20-square feet (maximum for
fuel logo only)
Illumination Non illumination Interior-illumination prohibited
Sinclair Logo Fuel Island Canopy Building Wall Sign (west elevation)
Sign Data Proposed Required
Wall Sign Dimensions 4' high x 5' wide(Logo) N/A
Area of Signage 20-square feet each sign (approximately) 20-square feet (maximum for
fuel logo only)
Illumination Non illumination Interior-illumination prohibited
Stinker Kiosk Building Wall Sign (west elevation)
Sign Data Proposed Required
Wall Sign Dimensions 1' high x 6 '/2"wide N/A
Area of Signage 6.5-square feet each sign Not permitted
(approximately)
Illumination Non illuminated Interior-illumination prohibited
Fuel Dispenser/Spandrel Signs
Sign Data Proposed Required
Dispenser Sign Dimensions 7"high x 10"wide(Logo on dispensers) N/A
Area of Signage 0.48-square feet 1-square foot (maximum for fuel
logo or fuel brand only)
Illumination Non illuminated Interior-illumination prohibited
Page 2 of 7
K:\Planning Dept\Eagle Applications\Dr\2011\DR-33-11 Stinker Kiosk Signage drfdoc
Existing Multi-tenant Monument Sign for
Albertsons/Sav-on Pharmacy/Sinclair-Stinker Stores
Sign Data Proposed Required
Sign Dimensions 15' high x 18' wide 15' high (maximum)
Area of Signage 25.3-square feet(approximately) 50-square feet(maximum)
20-square feet(reader board area) Includes 20-square feet for
permanent reader board area
Illumination Four ground mounted high pressure Interior-illumination prohibited
sodium light fixtures (two per side to
illuminate gas prices).
Halo illuminated "Albertsons" & Sav-On
Pharmacy"
Sign Landscaping 250-square feet(approximately)of grass 135-square feet(minimum)
G. SIGN MATERIALS:
Signage on the canopy and kiosk— 1/8"thick aluminum letters.
Signage on the dispensers and spandrels—Vinyl applied to aluminum faces.
Signage on the monument sign— 1/8"thick aluminum letters, aluminum fuel price cabinet.
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.
Page 3 of 7
K!\Planning Dept\Eagle Applications\Dr\2011 CDR-33-1I Stinker Kiosk Signage drf.doe
• 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)(9)
Fuel Island Signs: Fuel island canopies shall be permitted to have a maximum of two(2)signs
for the fuel logo only. The signs shall be attached to, or painted on,the canopy face. The
height and width of the sign shall be reviewed with regard to its proportional relationship to
the height and width of the canopy face to which it is attached or painted. The sign shall be a
maximum of twenty(20)square feet but in no case shall the sign cover more than one-third
(1/3)of the area of the face of the canopy to which it is attached or painted.
a. If two(2)signs are proposed, each sign shall be located on a different side of the canopy
and should be oriented to face oncoming traffic.
b. A one square foot sign may be permitted for the fuel logo or fuel brand only on each
side of each fuel dispenser or spandrel attached thereto.
• 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(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
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 to change the fuel canopy, fuel dispenser, and monument
signage from "Albertsons Express" to "Sinclair/Stinker." The applicant is not proposing any
modifications to the canopy structure, kiosk structure, or to the site. The size and locations of the
Page 4 of 7
K:\Planning Dept\Eagle Applications\Dr\2011\DR-33-11 Stinker Kiosk Signage drfdoc
proposed "Sinclair logo" on the west elevation of the canopy and the proposed "Sinclair" signage
on the south elevation of the canopy do not exceed that which is permitted within Eagle City Code.
• The applicant is proposing to install"Stinker"on the west building elevation of the kiosk structure.
Because the applicant is already proposing signage on the fuel canopy, the signage on the kiosk is
not permitted. The applicant should be required to provide revised elevations showing no fuel
name to be located on'the fuel kiosk. The revised elevation plan should be reviewed and approved
by staff prior to the issuance of a sign permit.
• The applicant is proposing to modify the signage on the existing monument sign. The"Albertsons
Express" and the fuel price cabinet are to be removed and replaced with "Sinclair", "Stinker
Stores", and a new fuel price cabinet. The size and location of the proposed signs do not exceed
that which is permitted within Eagle City Code.
• On June 20, 2006,the Eagle City Council approved a design review sign application to modify the
signage for the Albertsons facility which also included approval to modify the monument sign
(DR-37-06). A landscape plan showing the existing ground mounted light fixtures to be screened
by landscape material was reviewed and approved with DR-37-06. Although the modifications
were made to the face of the monument sign,the approved landscape material was never installed.
While staff recognizes that no structural or site changes are being proposed to or around the
monument, staff is concerned that there is still no landscaping around the base of the monument
sign to screen the existing ground mounted light fixtures. The applicant should be required to
provide a landscape plan showing a minimum of 135-square feet of landscaping around the base of
the monument sign(not just grass). The landscape plan should be reviewed and approved by staff
and two members of the Design Review Board prior to the issuance of a sign permit.
• Staff defers comment regarding design and color of all proposed signs to the Design Review
Board.
STAFF RECOMIVIENDATION 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 October 27, 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(McCullough, Grubb, Comstock, and Hull absent)to approve DR-33-11
for a design review application for the fuel island signage for Stinker(formerly Albertson Express)
for Shawn Davis,with the following staff recommended site specific conditions of approval and
standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide revised elevations showing no fuel name to be located on the fuel kiosk. The revised elevation
plan shall be reviewed and approved by staff prior to the issuance of a sign permit.
2. Provide a landscape plan showing a minimum of 135-square feet of landscaping around the base of the
monument sign (not just grass). The landscape plan shall be reviewed and approved by staff and two
Page 5 of 7
K:\Planning Dept\Eagle Applications\Dr\2011\DR-33-1 I Stinker Kiosk Signage drf doe
members of the Design Review Board prior to the issuance of a sign permit.
3. The 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.
4. 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
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 October 6,2011.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-33-11) 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.
Page 6 of 7
K:\Planning Dept\Eagle Applications\Dr\2011\DR-33-11 Stinker Kiosk Signage drfdoc
DATED this 10th day of November 2011.
DESIGN REVIEW BOARD •,,,,,,,,,,,,, �
OF THE CITY OF EAGLE ••OF EAG4
Ada County, Idaho •y
�.. _vORA 7:6, •.
4. •
•
' 6(ICZ2eAl:)
Eric R. McCullough, Chairman 44'
•Tq TE 1
ATTEST:
cep - cwt _ ✓ a'�- -c
Sharon K. Bergmann,Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 7 of 7
K:\Planning Dept\Eagle Applications\Dr\2011\DR-33-11 Stinker Kiosk Signage drf.doc