Findings - DR - 2013 - DR-38-13 - 2 Building Wall Signs For Down Realty BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR TWO )
BUILIDNG WALL SIGNS FOR DOWN )
REALTY FOR LARRY AND DEBI DOWNS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-38-13
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:
Larry and Debi Downs, represented by James Gipson, are requesting design review sign approval
to construct two non illuminated building wall signs for Downs Realty. The site is located on the
west side of South Eagle Road approximately 700-feet north of State Highway 44 at 221 South
Eagle 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 June 24, 2008, the Eagle City Council approved a rezone for this site with a development
agreement(RZ-02-08).
On July 12, 2008, the Eagle City Council approved a design review application to convert this
building from a residential dwelling unit to a retail building (DR-25-08).
On July 12, 2008, the Eagle City Council approved a design review sign application for the
building wall signage for the Spoons Kitchen (DR-26-08).
D. COMPANION APPLICATIONS: DR-37-13 (design review application for remodeling building)
E. ZONING DESIGNATION: CBD-DA(Central Business District with development agreement)
F. SIGNAGE:
Building Wall Sign (East Elevation)
Sign Data Proposed Required
Wall Sign Dimensions 2' 10"high x 8' 8"wide N/A
Area of Signage 25-square feet 27-square feet(maximum)
Illumination Illuminated by gooseneck light fixtures Interior-illumination prohibited
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Building Wall Sign (South Elevation)
Sign Data Proposed Required
Wall Sign Dimensions 1' 6"high x 6' wide N/A
Area of Signage 9-square feet 46-square feet(maximum)
Illumination Illuminated by gooseneck light fixtures Interior-illumination prohibited
G. SIGN MATERIALS:
Aluminum 3/16"thick with wood frame with white and blue vinyl.
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(A)(3)
Architectural Compatibility: The number, area, and height of signs as outlined in this article
are intended to be maximum standards which do not necessarily ensure architectural
compatibility. Therefore, in addition to the enumerated maximum standards, the city shall give
consideration to a sign's relationship to the overall appearance of the subject property as well
as the surrounding area.
• Eagle City Code Section 8-2A-2(A)(4)
Materials And Appearance: It is the intent of this article to encourage interesting, creative,
readable, effective, uncluttered, and well maintained signage. Sign materials and appearance
shall be complementary to the building architecture and colors. The exhibits provided in the
EASD book are examples of the types of sign designs envisioned for the Eagle architecture
theme.
• 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-2(C)(1)(a)
A single-tenant building shall be allowed a maximum of three(3) wall signs,provided that
each sign is placed on a different side of the building.
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• Eagle City Code Section 8-2A-2(C)(1)(c)
For a single-tenant building the total sign area of any wall sign shall not exceed ten percent
(10%) of the area of the building face to which it is attached, except that any wall sign that is
visible from a state highway shall be permitted a maximum of twenty percent(20%)of the
area of the building face to which it is 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.
C. DISCUSSION:
• The applicant is proposing two building wall signs; one on the east elevation and one on the south
elevation of the building. The signs are to be constructed of 3/16-inch thick aluminum with white
and blue vinyl applied to the face of the sign. A wood frame is proposed to be constructed around
the perimeter of the sign. Pursuant to past action of the Board and Council, signage has been
required to have dimension to it. Staff recommended that the applicant provide greater detail of
the proposed signage and that the letters have a dimension to them to provide additional relief and
interest. The applicant should be required to provide plans showing greater detail of the proposed
signage showing the letters to have dimension and/or be pegged off the face of the sign. The
revised plan should show a cross section of the sign in order to show the detail and depth of the
signage and letters. The revised plan should be reviewed and approved by staff and two members
of the Design Review Board prior to the issuance of sign permit.
• 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.
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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 4 to 0(McCullough and Grubb absent)to approve DR-38-13 for a design review
application for two building wall signs for Larry and Debi Downs, with the following staff
recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide plans showing greater detail of the proposed signage showing the letters to have dimension
and/or be pegged off the face of the sign. The revised plan shall show a cross section of the sign in
order to show the detail and depth of the signage and letters. The revised plan shall be reviewed and
approved by staff and two members of the Design Review Board prior to the issuance of sign permit.
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
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-38-13) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
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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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Eric R. MtTCulough, Chairman ,�,��vuu•.,,,4
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Sharon K. Bergmann, Eagle City lerk .4/1 ,0 ••'
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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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