Findings - CC - 2020 - DR-31-20 - Aikens MspBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MASTER SIGN PLAN )
FOR A MULTI -TENANT ARTIST STUDIO/FOOD )
AND BEVERAGE SALES/OFFIC, BUSINESS AND )
PROFESSIONAL/RETAIL/RESIDENTIAL )
BUILDING FOR STEVE ROTH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-31-20
The above -entitled design review application came before the Eagle City Council for their action on July
14, 2020. The Eagle City Council 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:
Steve Roth, represented by Doug Russel with The Land Group, Inc., is requesting design review
approval for a master sign plan for a multi -tenant artist studio/food and beverage sales/office,
business and professional/retail/residential building. The 0.41-acre site is located at the south side of
East Aikens Road at the intersection of East Aikens Road and South 1st Street at 79 East Aikens
Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 24, 2020.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 29, 2001, the City Council approved a building wall sign and special portable sign for the
Blue Moose Cafe (DR-50-01).
D. COMPANION APPLICATIONS: DR-30-20 (Multi -tenant Artist Studio/Food and Beverage Sales/
Office, Business and Professional/Retail/Residential Building).
E. COMPREHENSIVE PLAN DESIGNATION: Downtown.
F. ZONING DESIGNATION: CBD-DA (Central Business District with a development agreement).
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the Downtown Development Area (DDA).
H. URBAN RENEWAL DISTRICT: Yes.
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I. SIGNAGE:
Sign Data
Wall Sign Dimensions
Area of Signage
Illumination
Materials
Sign Data
Sign Dimensions
Area of Signage
Illumination
Sign Landscaping
Materials
Building Wall Sign
Proposed
Varies depending on tenant's font and logo
Varies depending on tenant's font and logo
Non -illuminated, halo illuminated, or
exposed neon
As limited within the master sign plan
Monument Sign
Proposed
4' 6" high x 6' wide
27-square feet
Ground mounted light fixtures
0-square feet (approximately)
Unknown
Required
Varies based on tenant lease space
10% of total area of building face
(maximum)
Interior -illumination prohibited
Tenant's allowed to use their fonts,
colors, and logos
Required
8' high (maximum)
60-square feet (maximum)
Interior -illumination prohibited
81-square feet (minimum)
Tenant panel background color is
required to be Matte Antique White
and copy is vinyl
J. AGENCY RESPONSES: None.
K. LETTERS FROM THE PUBLIC: None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 compiled 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.
a. The "overall sign concept" for multi -tenant business centers to assure that it addresses the
continuity between tenant sign design and building design;
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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 all
permanent signs and outdoor advertising structures or features to ensure 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(B): Definitions:
AREA OF THE BUILDING FACE: The general outer surface of an exterior wall of a building.
The area of the building face shall be a total area of such surface, including the area of doors and
windows which open into such face, if any.
FACE OF SIGN: The surface of the sign area upon, against or through which the message is
displayed or illustrated.
FREEHANGING SIGNBOARD: A sign attached underneath a canopy, awning or colonnade.
MASTER SIGN PLAN: A plan designed to show the relationship of signs for any cluster of
buildings intended for business occupancy, or any single building containing more than one
business or any arrangement of business buildings or shops which constitute a visual entity as a
whole. These include developments such as shopping centers, mini -malls, business parks, and
multi -tenant commercial, office or industrial buildings housing four (4) or more businesses.
Additionally, a master sign plan may be submitted for a single business if the owner chooses to
submit an application for a master sign plan for said business.
SIGN AREA: The entire area within a single, contiguous perimeter enclosing the extreme limits
of writing, representation, logo, emblem or any figure or similar character, together with any form
or other material or color forming an integral part of the display or used to differentiate such sign
area from the background against which it is placed. The sign area shall not include the necessary
supports or uprights on which the sign is placed, and superficial, nonilluminated column covers,
ornamental trim and other such incidental objects attached thereto, or portions of the sign
structure which are not designed to convey a message.
• Eagle City Code Section 8-2A-8(C): Provisions and Requirements:
1. Wall Signs (Flat and Perpendicular):
b. Each business within a multi -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.
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.
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4. 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)(15) Master Sign Plan:
A "master sign plan", as defined by this article, shall be required to be submitted to the city for
review and approval. The purpose of a master sign plan is to coordinate signs, and create a plan
that establishes a building or site's overall sign design. The master sign plan shall show sign
colors, styles and locations of buildings, maximum size, illumination, and materials to be used.
The master sign plan may be approved by the city with elements that require suspension or
relaxation of the height, area, number of signs, or locations of signs specified within this article if
the city council finds that extraordinary conditions exist which allow suspension or relaxation, but
that any suspension or relaxation will still meet the intent of this article and:
a. The development site contains unique or unusual physical conditions such as topography,
proportion, size or relation to a public street that would limit or restrict normal sign visibility;
or
b. The proposed or existing development exhibits unique characteristics of land use, architectural
style, site location, physical scale, historical interest or other distinguishing features that justify
variation from conventional development; or
c. The proposed signage incorporates special design features such as logos, emblems, murals,
statuaries or similar architectural elements that are designed in a manner determined by the
city to be architecturally compatible to the sign and area.
• 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.
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• Eagle City Code Section 8-2A-8(C)(14) Landscaping:
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
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. An example is shown as follows:
C. DISCUSSION:
• The applicant is request design review approval of a master sign plan for Aikens Road Mixed Use
Development. Staff recommends the following changes to the document titled "Aikens Road
Mixed -Use Development" with text shown with strikethrough to be deleted and text shown with
underline to be added.
Aikens Road Mixed -Use Development
Master Sign Plan
This criterion has been established for the mutual benefit for all tenants. Conformance will be
strictly enforced and any non -conforming or unapproved signs must be removed or brought into
conformance at the expense of the tenant.
A. GENERAL APPROVAL REQUIREMENTS:
1. Every tenant of the proposed building within Aikens Road Mixed -Use Development shall
be required to submit signage plans to the managing entity for written approval. A design
review sign application, accompanied by the written approval of the managing entity, shall
be submitted to the City for any proposed signs for City 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. Each tenant within Aikens Road Mixed -Use Development will be required to have a design
review sign application submitted with the approval of the building elevations.
3. All permits for tenant's signs and their installation shall be obtained by tenant or his
representative and shall conform to all local building and electrical codes as well as the
criteria set forth hereafter.
4. All tenant signs shall be designed, constructed and installed at tenant's expense.
5. No exposed conduit, brackets, fasteners or wiring of any type will be permitted. No
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raceways will be permitted.
6. All signs shall meet Underwriters Laboratories and National Electrical code requirements.
B. NUMBER, LOCATION, DESIGN AND CONSTRUCTION OF SIGNS:
1. Multi -tenant Entry Monument Sign
a. One double face entry monument sign shall be allowed at the main entrance (see
Exhibit A for location).
b. The monument sign will be 4.5' high by 6' wide.
c. This multi -tenant monument sign will be used by the tenants located in the buildings.
Tenants shall receive written approval from the managing entity.
d. The background color of all tenant panels shall be Matte Antique White and 3M vinyl
for copy.
e. Tenants are permitted to place their text and logo on the background panel on the
monument sign.
f. Landscaping is required to be installed at the base of the monument sign and shall be
three times the size of the total sign area.
2. Building Wall Signs
a. Exterior wall signs shall be individual letters a minimum of 1/4" to a maximum of 8"
thick.
b. Building wall signs are permitted to be reverse pan channel -letters or open -pan channel
letters v.'ith Expo ed neon. halo illuminated.. non -illuminated, or illuminated with
exposed neon.
c. with neon or LEDHa10 or exposed neon illuminated building wall signs will be pegged
off the face of the building Y2" to 1"1" to %".
d. The size of tenant's building wall sign(s) shall not exceed 10% of the surface area of
the building (lease space only)- f ned within Eagle City Codo.
e. A sign -permit -is required prior to the in: t I1atien-ef any sign on tie:
f. Other types of wall signs will be considered, pro
building's master sign -plan, non illumi alled flush
to fascia:
Tenants will be allowed to use their fonts, colors, and logo. and colerc for theme-lege.
All tenant's identification designs, copy, color and shapes shall require Landlord and
City of Eagle's approval.
3. Freehanging Signs:
a. Tenants aresha1l--be permitted to have a building double sided non -illuminated
freehanging signs located in front of the tenant space they occupv.i =• zhey eccupy
b. Panels to be 1/8" painted steel or aluminum with 3M vinyl copy.
c. Tenants will be allowed to use their fonts, color and logo -and colorc for their All
tenant's identification designs, copy, color and shapes shall require Landlord and City
of Eagle's approval.
d. Freehanging signs shall not exceed 8-sauare feet nor shall anv such sign extend beyond
g•
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the porch or canopy to which it is attached.
e. A minimum distance of 7' 6" is required between the walkways and the bottom of a
freehanging signboard.
4. Miscellaneous Signs:
a. Tenants are allowed door signs identifying the business and/or indicating business
hours, emergency phone numbers, etc., shall be permitted up to a maximum of two (2)
square feet.
b. Tenants are allowed 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. 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 or his representative shall be responsible for cost of maintenance, service, repair or
replacement of tenant's sign, time clock or electrical wiring.
3. Tenant shall be required to keep his/her sign in working order and all surfaces shall
maintained in good condition. Tenant shall also be responsible for any repair or painting
for wall upon leaving of said space.
4. Upon termination of their lease, the tenant or managing entity shall neatly seal all
penetrations of the building structure in a watertight condition that matches texture, color,
and material used in the construction of the building.
5. Tenants or his representative should contact the managing entity for a list of approved sign
vendors.
6. Conformance will be strictly enforce and any non -conforming or unapproved signs must
be removed or brought into conformance at the expense of the tenant.
7. A sign permit is reauired prior to the installation of anv building wall signs, monument
sign, or monument sign tenant panels.
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 June 11, 2020, at
which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIBERATION: (Granicus time 01:15)
• The Board is in favor of the master sign plan criteria, site specific and standard conditions of approval
provided herein and moved the item to the Consent Agenda for approval.
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BOARD DECISION:
The Board voted 5 to 0 (Duperault abstained, Baer absent) to recommend approval of DR-31-20 for a
design review application for a master sign plan for a multi -tenant mixed use artist studio/food and
beverage sales/office (business and professional)/retail/restaurant/residential building for Steven Rother
with the following site specific conditions of approval and standard conditions of approval provided
within their findings of fact and conclusions of law document, dated June 25, 2020.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 14, 2020, at which time
the Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-31-20 for a design review application for a master sign plan for a
multi -tenant mixed use artist studio/food and beverage sales/office (business and
professional)/retail/restaurant/residential building for Steven Rother, with the Design Review Board
recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The following shall be the master sign plan for Aikens Road Mixed -Use Development:
Aikens Road Mixed -Use Development
Master Sign Plan
This criterion has been established for the mutual benefit for all tenants. Conformance will be strictly
enforced and any non -conforming or unapproved signs must be removed or brought into conformance
at the expense of the tenant.
A. GENERAL APPROVAL REQUIREMENTS:
1. Every tenant of the proposed building within Aikens Road Mixed -Use Development shall be
required to submit signage plans to the managing entity for written approval. A design review
sign application, accompanied by the written approval of the managing entity, shall be
submitted to the City for any proposed signs for City 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. Each tenant within Aikens Road Mixed -Use Development will be required to have a design
review sign application submitted with the approval of the building elevations.
3. All permits for tenant's signs and their installation shall be obtained by tenant or his
representative and shall conform to all local building and electrical codes as well as the criteria
set forth hereafter.
4. All tenant signs shall be designed, constructed and installed at tenant's expense.
5. No exposed conduit, brackets, fasteners or wiring of any type will be permitted. No raceways
will be permitted.
6. All signs shall meet Underwriters Laboratories and National Electrical code requirements.
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B. NUMBER, LOCATION, DESIGN AND CONSTRUCTION OF SIGNS:
1. Multi -tenant Entry Monument Sign
a. One double face entry monument sign shall be allowed at the main entrance (see Exhibit
A for location).
b. The monument sign will be 4.5' high by 6' wide.
c. This multi -tenant monument sign will be used by the tenants located in the buildings.
Tenants shall receive written approval from the managing entity.
d. The background color of all tenant panels shall be Matte Antique White and 3M vinyl for
copy.
e. Tenants are permitted to place their text and logo on the background panel on the
monument sign.
f. Landscaping is required to be installed at the base of the monument sign and shall be three
times the size of the total sign area.
2. Building Wall Signs
a. Exterior wall signs shall be individual letters a minimum of to a maximum of 8" thick.
b. Building wall signs are permitted to be halo illuminated, non -illuminated, or illuminated
with exposed neon.
c. Halo and exposed neon illuminated building wall signs will be pegged off the face of the
building /2" to 1".
d. The size of tenant's building wall sign(s) shall not exceed 10% of the surface area of the
building (lease space only).
e. Tenants will be allowed to use their fonts, colors, and logo. All tenant's identification
designs, copy, color and shapes shall require Landlord and City of Eagle's approval.
3. Freehanging Signs:
a. Tenants are permitted to have a double sided non -illuminated freehanging signs located in
front of the tenant space they occupy.
b. Panels to be 1/8" painted steel or aluminum with 3M vinyl copy.
c. Tenants will be allowed to use their fonts, color and logo. All tenant's identification
designs, copy, color and shapes shall require Landlord and City of Eagle's approval.
d. Freehanging signs shall not exceed 8-square feet nor shall any such sign extend beyond the
porch or canopy to which it is attached.
e. A minimum distance of 7' 6" is required between the walkways and the bottom of a
freehanging signboard.
4. Miscellaneous Signs:
a. Tenants are allowed door signs identifying the business and/or indicating business hours,
emergency phone numbers, etc., shall be permitted up to a maximum of two (2) square
feet.
b. Tenants are allowed 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.
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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 or his representative shall be responsible for cost of maintenance, service, repair or
replacement of tenant's sign, time clock or electrical wiring.
3. Tenant shall be required to keep his/her sign in working order and all surfaces shall maintained
in good condition. Tenant shall also be responsible for any repair or painting for wall upon
leaving of said space.
4. Upon termination of their lease, the tenant or managing entity shall neatly seal all penetrations
of the building structure in a watertight condition that matches texture, color, and material used
in the construction of the building.
5. Tenants or his representative should contact the managing entity for a list of approved sign
vendors.
6. Conformance will be strictly enforce and any non -conforming or unapproved signs must be
removed or brought into conformance at the expense of the tenant.
7. A sign permit is required prior to the installation of any building wall signs, monument sign,
or monument sign tenant panels.
2. Provide building elevations showing all potential building wall sign locations. The building elevations
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of any sign permits.
3. A sign permit is required prior to the installation of any signs on this site.
4. Provide a copy of the electrical permit for the sign installation of any illuminated signage prior to
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 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
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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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR-31-20) 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.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13(B)(2)(i), and has concluded:
i. The master sign plan criteria is in compliance with Eagle City Code Section 8-2A-8 and the site and
building wall signs will be required to be harmonious with the architectural design of the building
and will not cover nor detract from desirable architectural features.
DATED this 14' day of July 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ierce, Mayor
ATTEST:
K. Bergmann, Eagle City Clerk
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within
fourteen (14) days of the final written decision.
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