Findings - DR - 2014 - DR-04-14 - Ye Olde Sweet Shoppe Signage BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR YE OLDE )
SWEET SHOPPE SIGANGE FOR YE )
OLDE SWEET SHOPPE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-04-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 13, 2014. The Board continued this item to February 27, 2014, and March 13, 2014, and
made their decision at that time. 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:
Ye Olde Sweet Shoppe, represented by Robert Bruce, is requesting design review sign approval
for building wall and site signage for Ye Olde Sweet Shoppe. The site is located at the southwest
corner of East State Street and 1St Street at 99 East State Street.
A. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 10, 2014.
B. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 28, 2012, the Eagle City Council approved a design review application converting
the use of the building from multi-tenant office/personal improvement to multi-tenant office/retail
(DR-10-12).
On May 10, 2012, the Eagle Design Review Board approved a design review application to
modify the landscaping and streetscape for the Ye Olde Sweet Shoppe and to modify the exterior
elevations of the 194-square foot storage shed(DR-25-12).
C. COMPANION APPLICATIONS:None.
D. ZONING DESIGNATION: CBD(Central Business District)
E. OVERLAY DISTRICT: DDA (Downtown Development Area)
F. SIGNAGE:
Main Building Wall Sign (North Building Elevation)
Sign Data Proposed Required
Wall Sign Dimensions 18"high x 44"wide Not to exceed 10% of building face
Area of Signage 5.5-square feet 80-square feet(maximum)
Illumination _ Non-illuminated Interior-illumination prohibited
Page 1 of 9
K:\Planning Dept\Eagle Applications\Dr\2014\DR-04-14 Ye Olde Sweet Shoppe sign dr£doc
Lollipop Yard Signs(Yard area adjacent to State Street, lining the entrance sidewalk)
Sign Data Proposed Required
Yard Sign Dimensions 18"diameter Not Permitted
Area of Signage 2.35-square feet Not Permitted
Illumination _ Non-illuminated Interior-illumination prohibited
Two Sandwich Board Signs (One adjacent to State Street&one adjacent 1St Street)
Sign Data Proposed Required
On Premises Sign Dimensions 28"high x 20"wide N/A
Area of Signage 3.9-square feet 16-square feet(maximum)
Illumination Non-illuminated Interior-illumination prohibited
"Ice Cream Allie"Building Wall Sign(South Building Elevation)
Sign Data Proposed Required
Wall Sign Dimensions 24"diameter Not to exceed 10% of building face
Area of Signage 3.14-square feet 13.2-square feet(maximum)
Illumination Non-illuminated Interior-illumination prohibited
"Ice Cream Allie"Freehanging Signboard(North Building Elevation)
Sign Data Proposed Required
Freehanging Sign Dimensions 16"diameter N/A
Area of Signage 1.4-square feet 8-square feet(maximum)
Illumination Non-illuminated Interior-illumination prohibited
G. SIGN MATERIALS:
Sandwich Signboards: One sign, constructed of wood/plastic, and one constructed of metal/plastic.
All other signs were constructed with corrugated plastic.
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 9
K:\Planning Dept\Eagle Applications\Dr\2014\DR-04-14 Ye Olde Sweet Shoppe sign drf doc
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1
General Applicability: This article applies to all proposed development located within the
design review overlay district which shall include the entire city limits, and any land annexed
into the city after the date of adoption hereof. Such development includes, but is not limited
to, new commercial, industrial, institutional, office, multi-family residential projects, signs,
common areas, subdivision signage, proposed conversions, proposed changes in land use
and/or building use, exterior remodeling ore repainting with a color different than what is
existing, exterior restoration, and enlargement of expansion of existing buildings, signs or
sites, and requires the submittal of a design review application pursuant to this article and fee
as prescribed from time to time by the city council.
• 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-5
Design Review Overlay Districts: Eagle Architecture and Site Design Book(EASD):
J. Areas of Development: There are four(4) specifically defined areas of development within the
design review overlay district. The general purpose of each of those areas are described below.
1. Downtown Development Area— DDA: The purpose of the DDA is to establish a distinct
area regulated to fulfill the vision of the city comprehensive plan and to provide for
activities conducive to a compact and concentrated downtown commercial center.
E. Eagle Architecture And Site Design Book (EASD): The purpose of the period architectural
styles, themes, and elements envisioned through the requirements of this article. The EASD
book, established through a resolution of the city council and as may be amended through
future resolution(s), contains all exhibits referenced in this article and is incorporated herein
by reference. However, exhibit A-1 may only be modified through an ordinance amendment.
The architecture styles found in the EASD book are permitted styles. Architectural styles not
shown within the EASD book will not be considered.
• Eagle City Code Section 8-2A-6(A)(4)
Signage: Signage for any project shall provide for business identification and minimize clutter
and confusion on and off the site, and shall be in conformance with section 8-2A-8 of this
article and the current edition of the uniform sign code adopted by the city. The design review
board shall consider:
b. The reduction of hazards to motorists, bicyclists and pedestrians as may be caused by or
partially attributable to the distraction and obstruction of improperly located and designed
signs;
c. The provision for effective and necessary business identification systems adapted to the
building design;
d. The continued maintenance of signs throughout their life, and;
e. The size, location, design, color, texture, lighting, landscaping, and hours of operations of
Page 3 of 9
K:\Planning Dept\Eagle Applications\Dr\2014\DR-04-14 Ye Olde Sweet Shoppe sign drfdoc
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(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-8(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 8-2A-8(B)Definitions
PORTABLE ON PREMISES ADVERTISING SIGNS: Portable on premises signs for
advertising which can be used on a permanent basis and which are intended to allow for
business identification and any other advertising being promoted by the business or enterprise.
PORTABLE SIGN: Any sign not designed to be permanently attached to a building or
anchored to the ground such as A-frame signs, yard signs (rigid), banner signs, feather flag
signs and sandwich board signs.
SIGN: Any letters, figures, design, symbol, trademark, logo or device intended to attract
attention to any activity or service, place, subject, person, firm, corporation, public
performance, machine or merchandise whatsoever, including the display of merchandise.
Sources of light used primarily to illuminate a sign, or a building, or grounds surrounding the
building, shall not be considered signs themselves; provided however, that sources of light
used primarily to attract attention to the light itself or as a decorative feature of the display
shall be considered as part of the sign.
WINDOW SIGN: All signs located inside and affixed to, painted on or within three feet (3')
of windows of a building, whether temporary or permanent, lighted or unlighted, which may
be viewed from the exterior of the building. The term does not include merchandise located
within three feet(3')of the window.
YARD SIGN (NONRIGID): Yard signs may be referred to as "lawn signs". Nonrigid
yard/lawn signs are not stable and typically are susceptible to being blown over by wind and
oftentimes do not remain vertical. Common types of nonrigid yard/lawn signs are corrugated
plastic, fold over cardboard, and poster type which are attached to a light metal stand with less
than one-fourth inch (IA") thickness, or lattice type wood stakes, which are inserted into the
ground. The metal stands are usually an"H"or"I"type. The "H"type stand is shaped like an
"H"and two(2)of the prongs insert into the sign, or the sign is attached to the two(2), and the
other two (2) prongs are inserted into the ground. The single or double crossbar between the
two (2)prongs adds minimal strength and makes the entire stand one single unit. The "I"type
stand is essentially an"H"stand without a crossbar linking the prongs.
YARD SIGN (RIGID): Yard signs may be referred to as "lawn signs". Rigid yard/lawn signs
are stable and are not susceptible to being blown over by wind. Rigid yard/lawn signs are
Page 4 of 9
K:\Planning Dept\Eagle Applications\Dr\2014\DR-04-14 Ye Olde Sweet Shoppe sign drfdoc
made of solid metal from with a metal thickness of one-fourth inch (1/4") or more, or they are
made of metal one-half inch by one-half inch ('/2" x '/2") angle iron, both of which include
solid metal legs for insertion into the ground. The metal frame includes and attached metal or
hard plastic sign face.
• Eagle City Code Section 8-2A-8(C)(1)(a)
Wall Signs (Flat And Perpendicular):
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.
• Eagle City Code Section 8-2A-8(C)(4)(a)
Freehanging Signboards:
a. Freehanging signboards shall not exceed eight (8) square feet nor shall any such sign
extend beyond the porch or canopy to which it is attached.
b. A minimum distance of seven feet six inches (7'6") shall be required between a walkway
and the bottom of a freehanging signboard.
• Eagle City Code Section 8-2A-8(C)(9)
Prohibited Signs: The following signs and attention attracting devices shall be prohibited
within the entire city, except as may otherwise be specifically stated within this subsection.
The signs and other attention attracting devices prohibited herein are subject to removal by the
city at the owner's or user's expense:
a. Pole signs.
i. Yard signs (non rigid) except for political campaigns, garage sales and yard sales as
regulated within this article.
s. Miscellaneous signs and posters which are visible from a public way and are tacked,
pasted, taped or otherwise affixed in a similar manner to or upon the walls of buildings,
tress, poles, posts, fences, hydrants, bridges, or other structures.
• Eagle City Code Section 8-2A-8(C)(10)
Portable On Premises Advertising Signs;
a. One portable on premises advertising sign shall be permitted per business. Except that, if
the business abuts more than one street it shall be permitted one portable on premises
advertising sign per street that it abuts as long as the signs are a minimum of fifty feet
(50')apart.
d. Portable on premises advertising signs shall only be permitted on the parcel where the
business is located, or on the adjacent sidewalk, and shall not be permitted on any other
parcel except that any multi-tenant site shall have the sign on the site and not on any other
site.
e. Portable on premises advertising signs on a public sidewalk abutting the business's parcel
may be permitted if a minimum of five feet (5') of unobstructed walkway, or ADA
required minimum remains for pedestrians. The sign shall be located so as to not interfere
with the flow of pedestrians.
g. The sign, copy and materials shall be maintained and kept in good condition and repair to
guard against decay, unsafe and poorly maintained signs.
Page 5 of 9
K:\Planning Dept\Eagle Applications\Dr\2014\DR-04-14 Ye Olde Sweet Shoppe sign drf doc
h. Written approval of the city zoning administrator shall be required for any portable on
premises advertising sign, except for feather flag signs used as portable on premises
advertising signs. A color picture, or color drawing, including the dimension of any
proposed sign shall be submitted to the city along with a written narrative describing the
sign materials, as well as the planned location of any such sign. The zoning administrator
shall review the sign proposal for compliance with this article. There shall be no cost to
the applicant for zoning administrator review and action on any such sign. Any denial or
approval by the zoning administrator may be appealed to the city council as specified
within section 8-7-4-1 of this title. An appeal fee shall be required for any appeal.
• Eagle City Code Section 8-2A-8(C)(16)(o)
Exempt Signs:
o. Window Signs (Nonilluminated): Nonilluminated window signs as long as the total
window area covered does not exceed twenty five percent (25%) of the total window
area of all windows facing public streets.
C. DISCUSSION:
• The applicant is requesting design review sign approval of fifteen (15) signs on their site. The
signs consist of the following:
o One (1) building wall sign affixed to the upper railing on the 2nd floor porch facing
State Street(north building elevation);
o Ten (10) lollipop signs in the front yard on either side of the sidewalk to the site
visible from State Street;
o One(1) sandwich board adjacent to East State Street;
o One (1) free-hanging sign attached to the north building elevation of the smaller
building (Ice Cream Allie) located in the southeast corner of the site, with the sign
facing 1St Street;
o One (1) building wall sign affixed to the south building elevation of the smaller
building(Ice Cream Allie), with the sign facing the alley;
o One (1) sandwich board sign adjacent to 1st Street, in front of the smaller building(Ice
Cream Allie);
The above mentioned signs have been constructed and installed without City approval. City
staff has been working with the applicant to bring the signage into compliance with Eagle City
Code.
The existing building wall sign on the north building elevation of the main building, affixed to
the railing of the 2nd floor porch, is constructed of corrugated plastic overlaid with vinyl in a
variety of colors with the name of the business on it. This building has historic significance in
downtown Eagle and it is staffs opinion that a more creative and more architecturally pleasing
sign could be constructed and installed on this building elevation. There is a covered patio on
the north building elevation that provides the applicant an opportunity to use freehanging signs
between the columns of the 2nd floor porch. Pursuant to past action by the Board and City
Council, signs in the downtown area typically have dimensional letters, sculpted sign boards
or backgrounds, with colors that are complementary to the building to which they are to be
attached and the surrounding buildings (see signage examples attached hereto — examples are
from the EASD Book).
If the Design Review Board feels that the existing sign on the north elevation of the main
building should be redesigned to be more consistent with signage identified in the EASD
Book, then the applicant should be required to provide a revised sign design. The revised sign
should provide dimensional letters, sculpted sign boards or backgrounds while using colors
Page 6 of 9
K:\Planning Dept\Eagle Applications\Dr\2014\DR-04-14 Ye Olde Sweet Shoppe sign drfdoc
that are complementary to the building. The revised building wall sign should be reviewed
and approved by the Design Review Board prior to the issuance of a sign permit.
• The applicant is requesting approval of ten (10) portable signs in the shape of lollipops with
the name of the business located on each of the signs. These portable signs are proposed to be
located on each side of the walkway leading from the public sidewalk to the building (see
attached picture). The lollipop signs are not permitted per Eagle City Code.
• The applicant is also requesting approval of two (2) a-frame portable signs; one to be located
adjacent to State Street and one to be located adjacent to 1" Street. Pursuant to Eagle City
Code, one portable on premise advertising sign is permitted per business. Except that, if the
business abuts more than one street it shall be permitted one portable on premises advertising
sign per street that it abuts as long as the signs are a minimum of 50-feet apart. The applicant
has identified that they have one sign, sometimes two signs, located on the southwest corner of
State Street and 1" Street approximately 6 to 10-feet from the edge of the roadway. The
applicant should be required to provide detailed plans indicating the signs located a minimum
of 50-feet apart, while providing a minimum of five feet (5') of unobstructed walkway. The
detailed plan should be reviewed and approved by the Zoning Administrator prior to the
issuance of a sign permit.
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 13, 2014.
The Board continued the item to February 27, and March 13, 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 3 to 0(McCullough, Hull, Martin, and Hash absent)to approve DR-04-14 for a
design review sign application for signage for Ye Olde Sweet Shoppe, with the following staff
recommended site specific conditions of approval and standard conditions of approval with text
shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A sign permit is required for the signs previously installed on this site. The sign permit shall include
the changes(as required herein)for the wall sign located on the north elevation of the main building.
2. The applicant shall be required to provide a revised sign to be located on the north building elevation
of the main building for the Ye Olde Sweet Shoppe. The revised sign shall provide dimensional
letters, sculpted sign boards or backgrounds while using colors that are complementary to the building.
The revised building wall sign shall be reviewed and approved by the Design Review Board prior to
the issuance of a sign permit.
3. The noncompliant"lollipop"yard/lawn signs are not approved.
4. The applicant shall be required to provide a detailed site plan indicating that the two portable on
premises signs are located a minimum of 50-feet apart, while providing a minimum of five feet(5') of
Page 7 of 9
K:\Planning Dept\Eagle Applications\Dr\2014\DR-04-14 Ye Olde Sweet Shoppe sign drf.doc
unobstructed walkway. The detailed plan shall be reviewed and approved by the Zoning
Administrator prior to the issuance of a sign permit.
5. Any automated signs shall comply with Eagle City Code.
6. Provide revised sign plans showing the surface mounted signs proposed on the north building
elevation (Ye Olde Sweet Shoppe sign) and on the south building elevation (Ice Cream Allie sign) to
incorporate relief in the design of the signs (i.e.: dimensional letters, frames, etc.). The revised sign
plans shall be reviewed and approved by staff prior to the issuance of a 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
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 10, 2014.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-04-14) 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.
Page 8 of 9
K:\Planning Dept\Eagle Applications\Dr\2014\DR-04-14 Ye Olde Sweet Shoppe sign drf doc
DATED this 27th day of March 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE l/
Ada County, Idaho
.�:�.-/
> /
Jai /:
�..�
•,,•,,,,,,,,,,,,,,,
R t Oa Chairman •°. �i OF El^
'gie&
ORP O R Vtt'
ATTEST: • * �•�
* =
SEAL
Sharon K. Bergmann, Eagle City ( lerk .•• •••
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 9 of 9
K:\Planning Dept\Eagle Applications\Dr\2014\DR-04-14 Ye Olde Sweet Shoppe sign drf.doc