Findings - DR - 2013 - DR-43-98 MOD4 - Modification To The Master Sign Plan For Eagle Pavilion 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 )
PAVILION SHOPPING CENTER FOR PETE LOYA)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-43-98 MOD4
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 10, 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
Pavilion Shopping Center. The site is located on the northeast corner of S. Eagle Road and State
Highway 44 at 480 S. Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 19, 2012.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 12, 1999, the Eagle City Council approved a design review sign application for the
master sign plan criteria for Eagle Pavilion Shopping Center(DR-43-98).
On January 11, 2000, the Eagle City Council approved a design review sign application to modify
the master sign plan criteria for Eagle Pavilion Shopping Center(DR-43-98 MOD).
On August 28, 2001, the Eagle City Council denied a design review sign application for a
directional sign for Eagle Pavilion Shopping Center(DR-43-98 MOD2).
On October 14, 2003, the Eagle City Council approved a design review sign application to modify
the master sign plan criteria for Eagle Pavilion Shopping Center(DR-43-98 MOD3).
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: CBD-DA(central business district with development agreement)
Page 1 of 8
K:\Planning Dept\Eagle Applications\Dr\1998\DR-43-98 MOD4 Eagle Pavilion MSP sign drf.doc
F. SIGNAGE:
Building Wall Signs
Sign Data Proposed Required
Wall Sign Dimensions Varies depending on tenant text and logo Variable (depending on tenant's
total store frontage multiplied by
a ceiling height of 14')
Area of Signage Varies depending on tenant text and logo 10% of the tenants store frontage
multiplied by a ceiling height of
14')
Illumination Halo illuminated, exposed neon, or non Interior-illumination prohibited
illuminated
Existing Main Monument Sign(located on Eagle Road)
Sign Data Existing Required
Sign Dimensions 15' high x 10' 8"' wide 15' high(maximum)
Area of Signage 88-square feet(approximately) 140-square feet(maximum)
Illumination Ground mounted light fixtures Interior-illumination prohibited
Sign Landscaping 300-square feet(approximately) 264-square feet(minimum)
Existing Main Monument Sign(located on State Highway 44)
Sign Data Existing Required
Sign Dimensions 6' high x 10' 6"' wide 8' high(maximum)
Area of Signage 40-square feet(approximately) 60-square feet(maximum)
Illumination Ground mounted light fixtures Interior-illumination prohibited
Sign Landscaping 300-square feet(approximately) 120-square feet(minimum)
G. SIGN MATERIALS:
Monument Signs — Stucco, metal,vinyl, brick all of the colors match that which was used in the
construction of the building.
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.
Page 2 of 8
K:\Planning Dept\Eagle Applications\Dr\1998\DR-43-98 MOD4 Eagle Pavilion MSP sign drf.doc
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(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.
Page 3 of 8
K:\Planning Dept\Eagle Applications\Dr\1998\DR-43-98 MOD4 Eagle Pavilion MSP sign drf doc
• 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.
• 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 Pavilion Shopping Center
to allow exposed, halo,and non illuminated building wall signs. 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 critiera.
• The applicant is requesting approval to modify the master sign plan for this multi-tenant building.
Staff recommends the following criteria for the "Eagle Pavilion Shopping Center, Master Sign
Plan".
Eagle Pavilion Shopping Center
Master Sign Plan
This signage criterion has been established for the mutual benefit for all tenants of the Eagle
Pavilion 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.
Page 4 of 8
K:\Planning Dept\Eagle Applications\Dr\1998\DR-43-98 MOD4 Eagle Pavilion MSP sign drfdoc
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 elevation 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(14')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. Two 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.
Page 5 of 8
K:\Planning Dept\Eagle Applications\Dr\1998\DR-43-98 MOD4 Eagle Pavilion MSP sign drf doc
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 (McCullough absent)to approve DR-43-98 MOD4 for a design review
application to modify the master sign plan for Eagle Pavilion 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 Pavilion Shopping Center:
Eagle Pavilion Shopping Center
Master Sign Plan
This signage criterion has been established for the mutual benefit for all tenants of the Eagle
Pavilion 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 elevation 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(14')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.
Page 6 of 8
K:\Planning Dept\Eagle Applications\Dr\1998\DR-43-98 MOD4 Eagle Pavilion MSP sign drfdoc
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. Two 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,
Page 7 of 8
K:\Planning Dept\Eagle Applications\Dr\1998\DR-43-98 MOD4 Eagle Pavilion MSP sign drf.doc
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 December 19, 2012.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-43-98 MOD4) 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 14`h day of February 2013.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Coun y Idah
Eric R. McCullough, Chairman ,000'Y I V
ATTEST: e pa� i� . c>i�a.,.��"�
r T s
, 11 e fP. \n
Sharon K. Bergmann, Eagle Ci , Clerk °�,y�j`"'*:**''•• O
��. 01 I D Pt%%
%,,,,,,,,,,,,,,,,S
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\1998\DR-43-98 MOD4 Eagle Pavilion MSP sign drf.doe