Findings - DR - 2014 - DR-06-14 - Construct Building Wall Signage, Monument Signage/Menu Board Signage For Taco Bell BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR TO CONSTRUCT )
BUILDING WALL SIGNAGE,MONUMENT )
SIGNAGE,AND MENU BOARD SIGNAGE )
FOR TACO BELL FOR ZOKE LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-06-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 27, 2014. 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:
ZOKE LLC, represented by Paul Hilbig, is requesting design review sign approval to construct
three (3) building wall signs, a monument sign, and menu board signage for Taco Bell. The site is
located on the east side of North Linder Road approximately 385-feet north of Chinden Boulevard
at 6560 North Linder Road within the Eagle Island Marketplace.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 16, 2014.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text
amendment and annexation (once contiguous) and a rezone with development agreement for this
site (CPA-5-08 & A-03-08 &RZ-08-08).
On July 14, 2009, the Eagle City Council approved a design review application for the common
area landscaping for Eagle Island Marketplace, including Fred Meyer and eight(8)multi-tenant
retail/restaurant buildings within Lazy P Subdivision(aka Eagle Island Marketplace)(DR-13-09).
On July 14, 2009, the Eagle City Council approved a design review application for the master sign
plan for Eagle Island Marketplace (DR-14-09).
On November 10, 2010, the Ada County Board of County Commissioners approved a
comprehensive plan amendment, rezone with development agreement, master site plan and
preliminary plat for Eagle Island Marketplace(CPA-05-08, A-03-08, and RZ-08-08).
On November 23, 2010, the Eagle City Council approved Ordinance No. 652 for an annexation
and rezone with development agreement of the property associated with Eagle Island Marketplace.
Ordinance No. 652 also recognized the vested development rights associated with the approved
Ada County preliminary plat application number 201000571-S.
On February 8, 2011, the Eagle City Council approved a final plat application for the Lazy P
Subdivision(FP-01-11).
On April 5, 2012, Eagle City Staff approved a design review sign application to modify the master
sign plan for Eagle Island Marketplace (DR-14-09 MOD).
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D. COMPANION APPLICATIONS: DR-05-14 (design review application for the building)
E. ZONING DESIGNATION: C-3-DA (Highway Business District with development agreement)
F. SIGNAGE:
Two Building Wall Signs(east and west building elevations)
Sign Data Proposed Required
Wall Sign Dimensions 6' 6"high x 5' 10"wide N/A
Area of Signage 38-square feet(approximately) 166-square feet(maximum)
Illumination Halo illuminated and externally illuminated Interior-illumination prohibited
Building Wall Sign (south building elevation)
Sign Data Proposed Required
Wall Sign Dimensions 6' 6"high x 5' 10"wide N/A
Area of Signage 38-square feet(approximately) 58-square feet(maximum)
Illumination Halo illuminated and externally illuminated Interior-illumination prohibited
Monument Sign
Sign Data Proposed Required
Sign Dimensions 6' high x 7' 6"wide 6' high (maximum)
Area of Signage 22-square feet(approximately) 30-square feet(maximum)
Illumination Ground mounted light fixtures Interior-illumination prohibited
Sign Landscaping 100-square feet(approximately) 60-square feet(minimum)
Menu Board Sign
Sign Data Proposed Required
Sign Dimensions 8' 8" high x 7' 7"wide 7-feet in height(maximum)
Area of Signage 44-square feet 35-square feet(maximum)
Illumination 430-milli amps 430-milli amps(maximum)
Sign Landscaping 120-square feet(approximately) 135-square feet(minimum)
G. SIGN MATERIALS:
Building Wall Signage: Aluminum channel letters painted purple and halo illuminated with white
LED. Logo to be constructed of dibond and overlaid with magenta, pantone yellow and violet
vinyl.
Monument Sign: Stone base, sheet metal with stucco finish, aluminum cabinet with aluminum
fillers, dibond background with 1/8" aluminum letters and logo stud mounted 1/2" off the face of
the background. Letters are to be painted semi-gloss violet and the logo is to be painted semi-gloss
magenta, pantone yellow and violet.
Drive Thru Menu Board Monument Sign — fabricated aluminum with brown finish. Internally
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illuminated using 430-milli amp fluorescent lamps.
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.
• 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)(6)
Drive-Through/Drive-Up Service Menu Board Signs:
a. Shall not exceed seven feet (7') in height and the sign area shall not exceed thirty five
(35)square feet.
b. Internal illumination may be permitted if the city determines the following:
(1) The lighting shall be harmonious with and in accordance with the general
objectives, or with any specific objective of this article;
(2) The lighting shall be installed, operated, and maintained to be harmonious and
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appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3)The lighting will not be disturbing to existing or future neighboring uses.
• 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, LED 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(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(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 design review sign approval to construct three (3) building wall signs,
a monument sign, and menu board signage for Taco Bell to be located within Eagle Island
Marketplace.
• The building wall signs are proposed to be halo illuminated and externally illuminated and located
on the south, east, and west building elevations. The sizes, illumination, number, and locations of
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these signs do not exceed that which is permitted within Eagle City Code.
• The applicant is requesting approval of the menu board sign. The elevation plans date stamped by
the City on January 16, 2014, show the menu board sign is to be 8-feet 8-inches high and the face
of the signs is proposed to be 44-square feet. Pursuant to Eagle City Code, menu board signs are
not to exceed 7-feet in height and the face of the sign is not to exceed 35-square feet. The
applicant should be required to provide revised elevation plans of the menu board sign showing
the height and sign area do not exceed that which is permitted within Eagle City Code. The
revised elevation plans should be reviewed and approved by staff 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 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 February 27, 2014,
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 4 to 0 (McCullough and Martin absent; Hull abstained)to approve DR-06-14 for
a design review sign application for building wall signage, monument signage, menu board
signage for Taco Bell for ZOKE LLC,with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with strike thru to be
deleted by the Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of DR-14-09 MOD.
that which is permitted within Eagle City Code. The revised elevation plans shall be reviewed and
3. A sign permit is required prior to the installation of any signs on this site.
4. The menu board, date stamped by the City on February 27, 2014, showing a total of 44-square feet is
approved.
5. Provide detailed elevations and cut sheets of the speaker canopy located near the menu board showing
the color and height. The detailed elevations and cut sheets shall be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of sign permit.
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
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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 January 16, 2014.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-06-14) 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 13th day of March 2014.
DESIGN REVIEW B I • RD
OF THE CITY OF :1GLE
Ada Coun. Idah•
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Ro.-rt Grubb, Chairman ::* G0it P0* ..,.,:.
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Sharon K. Bergmann, Eagle City lerk
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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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