Findings - DR - 2013 - DR-40-13 - Entry Structure W/Signage For Ashbury Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR AN ENTRY )
STRUCTURE WITH SIGANGE FOR ASHBURY )
SUBDIVISION FOR SCS BRIGHTON LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-40-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 22, 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:
SCS Brighton LLC, represented by Michael Wardle, is requesting design review sign approval to
construct an entry feature with signage for Ashbury Subdivision. The site is located on the west
side of Meridian Road approximately'/4-mile north of Chinden Boulevard at 6825 North Meridian
Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 18, 2013.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 9, 2013, the Eagle City Council approved a development agreement modification and
preliminary plat for Ashbury Subdivision (RZ-04-09 and PP-02-13).
D. COMPANION APPLICATIONS: DR-40-13 (design review application for common area landscaping
within Ashbury Subdivision)
E. ZONING DESIGNATION: MU-DA(mixed use with development agreement)
F. SIGNAGE:
Entry Structure Sign
Sign Data Proposed Required
Sign Dimensions 4' high x 8' wide 8' high(maximum)
Area of Signage 32-square feet 60-square feet(maximum)
Illumination Halo illuminated Interior-illumination prohibited
Sign Landscaping 600-square feet(approximately) 96-square feet(minimum)
G. SIGN MATERIALS:
Stucco with stone veneer. Steel/aluminum letters back lit with halo illumination.
H. AGENCY RESPONSES: None
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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-8(C)(3) Subdivision Signs:
a. One subdivision sign may be permitted on each side of any entry road into a subdivision, or
within the landscape median at the entry road if approved by ACHD, and at the intersection of
any collector and/or arterial streets abutting the subdivision.
b. Subdivision signs shall not exceed eight feet(8') in height and the sign area shall not exceed
sixty(60) square feet per side.
• 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 monument signs. Landscape
plans shall be prepared by or under the responsible control of a licensed landscape architect
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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 sign area.
C. DISCUSSION:
• The applicant is proposing to construct an entry structure at the main entrance to Ashbury
Subdivision on Meridian Road. The structure will be integrated into a stone wall on the north side
of the main entrance to the subdivision. The letters will be steel/aluminum letters illuminated by
halo illumination.
• Staff defers comment regarding the design of the proposed sign 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 22, 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).
BOARD DECISION:
The Board voted 3 to 0(Hull abstained,McCullough and Grubb absent)to approve DR-40-13 for
a design review application for a monument sign with the following staff recommended site
specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A sign permit is required prior to the installation of any signs on this site.
2. A building 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.
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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 18, 2013.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-40-13) 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 12th day of September 2013.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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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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