Loading...
Findings - DR - 2013 - DR-27-97 MOD2 - Modiication To The Master Sign Plan For Eagle Plaza Shopping Center BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MODIFICATION TO ) THE MASTER SIGN PLAN FOR EAGLE ) PLAZA SHOPPING CENTER FOR PETE LOYA ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-27-97 MOD2 The above-entitled design review application came before the Eagle Design Review Board for their action on January 24, 2013. 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: Pete Loya is requesting design review approval to modify the master sign plan for the Eagle Plaza Shopping Center.The site is located on the north side of East Plaza Drive between Eagle Road and 2nd Street at 228 East Plaza Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 19, 2012. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 23, 1997, the Eagle Design Review Board approved a design review sign application for the master sign plan for Eagle Plaza Shopping Center(DR-27-97). On December 14, 1999, the Eagle City Council approved a design review sign application to modify the master sign plan for Eagle Plaza Shopping Center(DR-27-97 MOD). D. COMPANION APPLICATIONS: None E. ZONING DESIGNATION: CBD (central business district) F. SIGNAGE: Building Wall Signs Sign Data Proposed Required Wall Sign.Dimensions Varies depending on tenant text and Variable (depending on tenant's total logo store frontage multiplied by a ceiling height of 13') Area of Signage Varies depending on tenant text and 10% of the tenants store frontage logo multiplied by a ceiling height of 13') Illumination Halo illuminated, exposed neon, or non Interior-illumination prohibited illuminated Page 1 of 8 K:\Planning Dept\Eagle Applications\Dr\1997\DR-27-97 MOD2 Eagle Plaza MSP drfdoc Existing Monument Sign(NE corner of Eagle Road and Plaza Drive) Sign Data Proposed Required Sign Dimensions 15' high x 11' 4"wide 15' high(maximum) Area of Signage 78-square feet(approximately) 100-square feet(maximum) Illumination Ground mounted lights Interior-illumination prohibited Sign Landscaping 300-square feet(approximately) 234-square feet(minimum) Existing Monument Sign(Plaza Drive) Sign Data Proposed Required Sign Dimensions 8' high x 6' wide 8' high(maximum) Area of Signage 40-square feet(approximately) 50-square feet(maximum) Illumination None Interior-illumination prohibited Sign Landscaping 120-square feet(approximately)of grass 120-square feet(minimum) Existing Monument Sign(NW corner of 2nd Street and Plaza Drive) Sign Data Proposed Required Sign Dimensions 6' high x 6' wide 8' high(maximum) Area of Signage 20-square feet(approximately) 50-square feet(maximum) Illumination None Interior-illumination prohibited Sign Landscaping 60-square feet(approximately)of grass 60-square feet(minimum) G. SIGN MATERIALS: Monument Signs — Sheet metal primed and painted with textured finish, stone base, white sheet metal backgrounds for tenant names. 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 Page 2 of 8 K:\Planning Dept\Eagle Applications\Dr\1997\DR-27-97 MOD2 Eagle Plaza MSP drf.doc 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)(d) For a multi-tenant building the total sign area of all wall signs shall not exceed ten percent (10%) of the area of the building face to which they are attached, except that the total sign area for wall signs that are visible from a state highway shall be a maximum of twenty percent (20%) of the area of the building face to which they are attached. • Eagle City Code Section 8-2A-8(C)(13) Sign Illumination a. The city 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,while encouraging energy efficient lighting. b. 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. c. Floodlighting is permitted only through the use of incandescent and high pressure sodium light sources. d. Exposed neon is permitted when used to create the sign letter(s)or as an architectural element as part of the sign design. A clear covering may be permitted for protection of the neon element. e. Halo illumination is permitted f.Metal halide is not permitted as a light source for signage. g. All types of internal illumination is prohibited, except for automated signs and drive- through/drive-up service menu board signs as regulated in this article. • Eagle City Code Section 8-2A-8(C)(14) 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. Page 3 of 8 K:\Planning Dept\Eagle Applications\Dr\1997\DR-27-97 MOD2 Eagle Plaza MSP drf.doc • 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 modify the master sign plan for the Eagle Plaza Shopping Center to allow exposed, halo, and non illuminated building wall signs. Currently, building wall signs are only allowed on the south and west building elevations, the proposed modified would permit non illuminated building wall signs on the east and north building elevations. There are two existing monument signs associated with this development; one on Eagle Road and one on State Highway 44. No modifications are being made to the monument signs; however, requiring a consistent white background for all tenant panels is specifically being required in the master sign plan criteria. • The applicant is requesting approval to modify the master sign plan for this multi-tenant building. Staff recommends the following criteria for the"Eagle Plaza Shopping Center,Master Sign Plan". Eagle Plaza Shopping Center Master Sign Plan This signage criterion has been established for the mutual benefit for all tenants of the Eagle Plaza Shopping Center(Center).Tenant shall be required to fulfill all the requirements of these criteria, and conformance will be strictly enforced. 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 Landlord or Landlord's managing entity for written approval.A design review sign application, accompanied by the written approval of the Landlord, shall be submitted to the City of Eagle for any proposed signs for City's 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 at Tenant's expense 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. B. BUILDING WALL &EXTERIOR SIGNS: 1. Building wall signs on the West and South elevations shall be individual reverse pan channel letters with halo illumination or open pan with exposed neon. Building wall signs on the East and North elevations shall be non-illuminated. Page 4 of 8 K:\Planning Dept\Eagle Applications\Dr\1997\DR-27-97 MOD2 Eagle Plaza MSP drf.doc 2. Tenant shall be permitted a maximum wall sign square footage of 10%of the Tenant's building face area to which the sign would be attached. Face area shall be calculated by multiplying the height from ground level up to the bottom of the roofline(13')times the width(H x W)of the Tenant's elevation to which the sign would be attached. 3. Approval of Tenant's identification designs, copy, color,shapes,aspect ratio,placement and conformance to existing wall signage of the Center shall be at the sole discretion of the Landlord and shall require both Landlord and City approval.Tenants will be allowed to use fonts and earth tone colors for their logo,using matte or flat finishes. 4. Any other signage such as grand opening signs,promotional signs,A-frames,feather flags,pole signs, 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 shall comply with Eagle City Code. C.MONUMENT SIGNS: 1. Three double faced, multi-tenant monument signs are provide for use at the Center. Assignment,placement and number of vinyl panels,if any, for use by a Tenant is at the sole discretion of the Landlord and must be authorized in writing by the Landlord. 2. When space is allowed, Tenants are permitted to use their text, font and logo on the monument sign vinyl panels.The background color of all Tenant panels shall be white. 3. Tenant must submit vinyl panel sign design to Landlord and City for approval prior to installation. D. 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 shall be responsible for cost of maintenance, service,repair or replacement of Tenant's sign, time clock or electrical wiring and shall be required to keep Tenant's sign in working order and all surfaces be maintained in good condition. 3. Upon termination of their lease,the Tenant shall also be responsible for any repair or painting for wall upon leaving of said space and 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. 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 January 24, 2013, 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). Page 5 of 8 K:\Planning Dept\Eagle Applications\Dr\l997\DR-27-97 MOD2 Eagle Plaza MSP drf.doc BOARD DECISION: The Board voted 6 to 0 (McCullough absent)to approve DR-27-97 MOD2 for a design review application to modify the master sign plan for Eagle Plaza Shopping Center for Pete Loya,with the following staff recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The following shall be the criteria for the Eagle Plaza Shopping Center: Eagle Plaza Shopping Center Master Sign Plan This signage criterion has been established for the mutual benefit for all tenants of the Eagle Plaza Shopping Center(Center).Tenant shall be required to fulfill all the requirements of these criteria, and conformance will be strictly enforced. 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 Landlord or Landlord's managing entity for written approval.A design review sign application, accompanied by the written approval of the Landlord, shall be submitted to the City of Eagle for any proposed signs for City's 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 at Tenant's expense 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. B. BUILDING WALL&EXTERIOR SIGNS: 1. Building wall signs on the West and South elevations shall be individual reverse pan channel letters with halo illumination or open pan with exposed neon.Building wall signs on the East and North elevations shall be non-illuminated. 2. Tenant shall be permitted a maximum wall sign square footage of 10%of the Tenant's building face area to which the sign would be attached. Face area shall be calculated by multiplying the height from ground level up to the bottom of the roofline(13')times the width(H x W)of the Tenant's elevation to which the sign would be attached. 3. Approval of Tenant's identification designs, copy, color,shapes,aspect ratio,placement and conformance to existing wall signage of the Center shall be at the sole discretion of the Landlord and shall require both Landlord and City approval.Tenants will be allowed to use fonts and earth tone colors for their logo,using matte or flat finishes. 4. Any other signage such as grand opening signs,promotional signs, A-frames,feather flags,pole signs, etc. shall be approved by landlord prior to installation and comply with Eagle City Code. Page 6 of 8 K:\Planning Dept\Eagle Applications\Dr\1997\DR-27-97 MOD2 Eagle Plaza MSP drf.doc 5. Any signage on doors or windows shall be approved by landlord prior to installation and shall comply with Eagle City Code. C.MONUMENT SIGNS: 1. Three double faced, multi-tenant monument signs are provide for use at the Center. Assignment,placement and number of vinyl panels,if any, for use by a Tenant is at the sole discretion of the Landlord and must be authorized in writing by the Landlord. 2. When space is allowed, Tenants are permitted to use their text, font and logo on the monument sign vinyl panels.The background color of all Tenant panels shall be white. 3. Tenant must submit vinyl panel sign design to Landlord and City for approval prior to installation. D. 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 shall be responsible for cost of maintenance, service,repair or replacement of Tenant's sign,time clock or electrical wiring and shall be required to keep Tenant's sign in working order and all surfaces be maintained in good condition. 3. Upon termination of their lease,the Tenant shall also be responsible for any repair or painting for wall upon leaving of said space and 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. 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 Page 7 of 8 K:\Planning Dept\Eagle Applications\Dr\1997\DR-27-97 MOD2 Eagle Plaza MSP drf.doc 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 December 19,2012. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-27-97 MOD2) 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 14th day of February 2013. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Co t ho Eric R. McCullough, Chairman ••"••..' U. YQRpi •••• v e •* e •! 4•ATTEST. • FA S '?;;l •o A�If.a� E�� POI • e`t ��i �,Q ••eeem•• Sharon K. B-ergmann, Eagle City Clerk 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\1997\DR-27-97 MOD2 Eagle Plaza MSP drfdoc