Findings - DR - 2015 - DR-43-98 MOD5 - Modification To Master Sign Plan For Eagle Pavilion Shopping Center BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A )
MODIFICATION TO THE MASTER SIGN )
PLAN FOR EAGLE PAVILION SHOPPING)
CENTER FOR PETE LOYA )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-43-98 MODS
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 28, 2015. 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:
Pete Loya is requesting design review approval to modify the master sign plan for the Eagle
Pavilion Shopping Center to include an automated sign within the monument sign located along
South Eagle Road. The site is located on the northeast corner of South Eagle Road and State
Highway 44 at 400 South Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 9, 2015. Supplemental
information was received on April 16,2015.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 12, 1999, the Eagle City Council approved a design review sign application for the
master sign plan criteria for Eagle Pavilion Shopping Center(DR-43-98).
On January 11, 2000, the Eagle City Council approved a design review sign application to modify
the master sign plan criteria for Eagle Pavilion Shopping Center(DR-43-98 MOD).
On August 28, 2001, the Eagle City Council denied a design review sign application for a
directional sign for Eagle Pavilion Shopping Center(DR-43-98 MOD2).
On October 14, 2003, the Eagle City Council approved a design review sign application to modify
the master sign plan criteria for Eagle Pavilion Shopping Center(DR-43-98 MOD3).
On February 14, 2013, the Eagle Design Review Board approved a design review sign application
to modify the master sign plan for Eagle Pavilion Shopping Center(DR-43-98 MOD4).
D. COMPANION APPLICATIONS:None
E. ZONING DESIGNATION: CBD-DA(central business district with development agreement)
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F. SIGNAGE:
Building Wall Signs—No Change
Sign Data Proposed Required
Wall Sign Dimensions Varies depending on tenant text Variable (depending on tenant's total store
i
and logo frontage multiplied by a ceiling height of 14')
Area of Signage Varies depending on tenant text 10%of the tenants store frontage multiplied by
and logo a ceiling height of 14')
Illumination Halo illuminated, exposed neon, Interior-illumination prohibited
or non illuminated
Existing Monument Sign located on Eagle Road
Sign Data Existing Required
Sign Dimensions 15' high x 10' 8"' wide 15' high(maximum)
Area of Signage 111-square feet(approximately) 140-square feet(maximum)
Automated sign area= Automated sign area=20%(maximum)
20.8-square feet= 19%
Illumination Ground mounted light fixtures Interior-illumination prohibited
Sign Landscaping 500-square feet(approximately) 333-square feet(minimum)
Existing Monument Sign located on State Highway 44—No Change
Sign Data Existing Required
Sign Dimensions 6' high x 10' 6"' wide 8' high(maximum)
Area of Signage 40-square feet(approximately) 60-square feet(maximum)
Illumination Ground mounted light fixtures Interior-illumination prohibited
[ Sign Landscaping 300-square feet(approximately) 120-square feet(minimum)
G. SIGN MATERIALS:
Monument Signs — Stucco, metal, vinyl, brick all of the colors match that which was used in the
construction of the building.
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.
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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)(2)(b)
For multi-tenant buildings which are not within the DDA, TDA, or within a "shopping
center", monument signs shall not exceed fifteen feet(15') in height and the sign area shall not
exceed one hundred forty(140)square feet per side.
• Eagle City Code Section 8-2A-8(C)(8)Automated Signs:
a. Automated signs may be permitted as a part of a monument sign and shall be prohibited in
all other types of signs 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
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.
b. Automated signs shall be prohibited in the downtown development area (DDA) and
transitional development area(TDA).
c. All automated signs that utilize light to create change may change frame content through
dissolve, fade or scroll features only. No sign shall be operated in a manner which the sign,
sign structure, design or pictorial segment of the sign shows full animation, growing, flashing,
rotating content, or otherwise creating an illusion of movement, except for single color text
only message displays scrolling or traveling across the sign area.
d. The signs shall only change frame content not more than every eight (8) seconds. The
change of content must change immediately within a period of less than one second.
e. Based on brightness measured in nit (an illuminative brightness measurement equivalent to
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1 candle per square meter measured perpendicular to the rays of the source); automated signs
that utilize light to change frames shall contain an autodimmer allowing for no more than five
thousand two hundred (5,200) nit illumination between sunrise and sunset and up to three
hundred(300)nit illumination between sunset and sunrise.
f. The automated sign portion of any sign should be constructed into the sign in a manner in
which it is subordinate to the overall design of the sign. The automated sign portion of any
sign shall not exceed twenty percent(20%)of the face of any sign.
g. Where more than one sign is allowed only one sign may contain an automated sign.
h. The addition of an automated sign to any nonconforming sign is prohibited.
i. Any conforming existing sign or portion of a conforming existing sign that is refaced with
an automated sign shall require a design review approval.
• 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 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 modify the master sign plan for the Eagle Pavilion Shopping Center
to include an automated sign within the existing monument sign located adjacent to Eagle Road.
There are two existing monument signs associated with this development; one on Eagle Road and
one on State Highway 44.
Eagle City Code permits automated signs as part of a monument sign 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 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.
In addition to the above mentioned criteria, the automated sign is required to meet the criteria as
stated in Eagle City Code Section 8-2A-8(C)(8)(b-i) which addresses how often the frame content
may fade, scroll, move,the brightness, etc. The information provided within this application does
not address this criteria. The applicant should be required to provide revised information with
regard to the automated portion of the monument sign addressing how often the frame content may
fade, scroll, move, the brightness, etc. in compliance with Eagle City Code Section 8-2A-
8(C)(8Xb-i). The revised information should be reviewed and approved by staff and one member
of the Design Review Board prior to the issuance of a sign permit.
• Staff recommends the following criteria for the "Eagle Pavilion Shopping Center, Master Sign
Plan",with strike thru text to be deleted and underline text to be added:
Eagle Pavilion Shopping Center
Master Sign Plan
This signage criterion has been established for the mutual benefit for all tenants of the Eagle
Pavilion Shopping Center(Center). Tenant shall be required to fulfill all the requirements of these
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criteria,and conformance will be strictly enforced. Any non-conforming or unapproved signs must
be removed or brought into conformance at the expense of the Tenant.
A. GENERAL APPROVAL REQUIREMENTS
1. Each Tenant shall be required to submit signage plans to the building's Landlord or
Landlord's managing entity for written approval. A design review sign application,
accompanied by the written approval of the Landlord, shall be submitted to the City of
Eagle for any proposed signs for City's 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. All permits for Tenant's signs and their installation shall be obtained by Tenant at
Tenant's expense and shall conform to all local building and electrical codes as well as the
criteria set forth hereafter.
3. All Tenant signs shall be designed, constructed and installed at Tenant's expense.
4. No exposed conduit,brackets, fasteners or wiring of any type will be permitted.No
raceways will be permitted.
5. All signs shall meet Underwriters Laboratories and National Electrical code requirements.
B. BUILDING WALL&EXTERIOR SIGNS:
1. Building wall signs on the West and South elevations shall be individual reverse pan
channel letters with halo illumination or open pan with exposed neon with non-illuminated
bullet aeeent. Building wall signs on the East elevation shall be non-illuminated.
2. Tenant shall be permitted a maximum wall sign square footage of 10%of the Tenant's
building face area to which the sign would be attached. Face area shall be calculated by
multiplying the height from ground level up to the bottom of the roofline(14')times the
width(H x W)of the Tenant's elevation to which the sign would be attached.
3. Approval of Tenant's identification designs,copy,color, shapes, aspect ratio, placement
and conformance to existing wall signage of the Center shall be at the sole discretion of
the Landlord and shall require both Landlord and City approval. Tenants will be allowed
to use fonts and earth tone colors for their logo,using matte or flat fmishes.
4. Any other signage such as grand opening signs,promotional signs,A-frames, feather
flags,pole signs,etc. shall be approved by landlord prior to installation and comply with
Eagle City Code.
5. Any signage on doors or windows shall be approved by landlord prior to installation and
shall comply with Eagle City Code.
C. MONUMENT SIGNS:
1. Two double faced,multi-tenant monument signs are provide for use at the Center;one on
Eagle Road and one on State Highway 44. The monument sign on Eagle Road includes
with-en having an automated electronic message area. Assignment,placement and
number of vinyl panels,and any electronic messages for a Tenant is at the sole discretion
of the Landlord and must be authorized in writing by the Landlord.
2. When space is allowed, Tenants are permitted to use their text,font and logo on the
monument sign vinyl panels. The background color of all Tenant panels shall be white.
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3. Tenant must submit vinyl panel sign design to Landlord and City for approval prior to
installation.
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 shall be responsible for cost of maintenance, service,repair or replacement of
Tenant's sign,time clock or electrical wiring and shall be required to keep Tenant's sign
in working order and all surfaces be maintained in good condition.
3. Upon termination of their lease,the Tenant shall also be responsible for any repair or
painting for wall upon leaving of said space and shall neatly seal all penetrations of the
building structure in a watertight condition that matches the texture,color, and material
used in the construction of the building.
• The landscaping around the base of the monument signs has become overgrown and some plant
material has died and been removed and not replaced. The monument signs are illuminated by
ground mounted light fixtures. Pursuant to past action by the Design Review Board and City
Council, any ground mounted light fixtures used to illuminate monument signs are to be screened
or located so they do not shine onto the roadway or onto any nearby property. The light fixtures
are to be concealed or screened with perimeter landscaping providing a 12 month scree of
sufficient height and density to conceal such fixtures. The applicant should be required to provide
a revised landscape plan for both monument signs showing how the ground mounted light fixtures
used to illuminate the monument signs are to be screened or located so they do not shine onto the
roadway or onto any nearby property. The light fixtures are to be concealed or screened with
perimeter landscaping providing a 12 month scree of sufficient height and density to conceal such
fixtures. The revised landscape plan should be reviewed and approved by staff and one member of
the Design Review Board 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 May 28, 2015, 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(Grubb,Martin,and Hash absent)to approve DR-43-98 MODS for a
design review application to modify the master sign plan for Eagle Pavilion Shopping Center for
Pete Loya,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.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide revised information with regard to the automated portion of the monument sign addressing
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one member of the Design Review Board prior to the issuance of a sign permit.
2. The following shall be the criteria for the Eagle Pavilion Shopping Center:
Eagle Pavilion Shopping Center
Master Sign Plan
This signage criterion has been established for the mutual benefit for all tenants of the Eagle
Pavilion Shopping Center(Center). Tenant shall be required to fulfill all the requirements of these
criteria, and conformance will be strictly enforced. Any non-conforming or unapproved signs must
be removed or brought into conformance at the expense of the Tenant.
A. GENERAL APPROVAL REQUIREMENTS
1. Each Tenant shall be required to submit signage plans to the building's Landlord or
Landlord's managing entity for written approval. A design review sign application,
accompanied by the written approval of the Landlord,shall be submitted to the City of
Eagle for any proposed signs for City's 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. All permits for Tenant's signs and their installation shall be obtained by Tenant at
Tenant's expense and shall conform to all local building and electrical codes as well as the
criteria set forth hereafter.
3. All Tenant signs shall be designed,constructed and installed at Tenant's expense.
4. No exposed conduit,brackets,fasteners or wiring of any type will be permitted.No
raceways will be permitted.
5. All signs shall meet Underwriters Laboratories and National Electrical code requirements.
B. BUILDING WALL& EXTERIOR SIGNS:
1. Building wall signs on the West and South elevations shall be individual reverse pan
channel letters with halo illumination or open pan with exposed neon with non-illuminated
bullet. Building wall signs on the East elevation shall be non-illuminated.
2. Tenant shall be permitted a maximum wall sign square footage of 10%of the Tenant's
building face area to which the sign would be attached. Face area shall be calculated by
multiplying the height from ground level up to the bottom of the roofline(14')times the
width(H x W)of the Tenant's elevation to which the sign would be attached.
3. Approval of Tenant's identification designs,copy,color, shapes, aspect ratio,placement
and conformance to existing wall signage of the Center shall be at the sole discretion of
the Landlord and shall require both Landlord and City approval. Tenants will be allowed
to use fonts and earth tone colors for their logo,using matte or flat fmishes.
4. Any other signage such as grand opening signs,promotional signs,A-frames,feather
flags,pole signs,etc. shall be approved by landlord prior to installation and comply with
Eagle City Code.
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5. Any signage on doors or windows shall be approved by landlord prior to installation and
shall comply with Eagle City Code.
C. MONUMENT SIGNS:
1. Two double faced,multi-tenant monument signs are provide for use at the Center;one on
Eagle Road and one on State Highway 44. The monument sign on Eagle Road includes
an automated electronic message area. Assignment,placement and number of vinyl
panels, and any electronic messages for a Tenant is at the sole discretion of the Landlord
and must be authorized in writing by the Landlord.
2. When space is allowed,Tenants are permitted to use their text,font and logo on the
monument sign vinyl panels. The background color of all Tenant panels shall be white.
3. Tenant must submit vinyl panel sign design to Landlord and City for approval prior to
installation.
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 shall be responsible for cost of maintenance, service,repair or replacement of
Tenant's sign,time clock or electrical wiring and shall be required to keep Tenant's sign
in working order and all surfaces be maintained in good condition.
3. Upon termination of their lease,the Tenant shall also be responsible for any repair or
painting for wall upon leaving of said space and shall neatly seal all penetrations of the
building structure in a watertight condition that matches the texture,color, and material
used in the construction of the building.
3. Provide a revised landscape plan for both monument signs showing how the ground mounted light
fixtures used to illuminate the monument signs shall be screened or located so they do not shine onto
the roadway or onto any nearby property. The light fixtures shall be concealed or screened with
perimeter landscaping providing a 12 month scree of sufficient height and density to conceal such
fixtures. The revised landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a sign permit.
4. A sign permit is required prior to the installation or modification of any signs on this site.
5. Provide revised elevations reducing the width of the tenant panels so a 4-inch stucco area will be
visible on each end of the tenant panels. The revised elevations shall be reviewed and approved by
staff prior to the issuance of a sign permit.
6. Provide revised elevations showing the address to be pegged off the face of the brick a minimum of Y2-
to 34-inch. The color of the address shall be off-white to match the color of the "Pavilion"text.
The "South"text shall be reduced to "S". The revised elevations 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,
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as stipulated in Eagle City Code(one year from the City Council approval date).
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 April 9,2015.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-43-98 MODS) 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.
3. The Board recognizes that by recommending the size of the tenant panel and address areas to be
reduced in size, the size of the proposed automated sign exceeds the 20% as permitted within Eagle
City Code. It is the Board's opinion that the proposed reduction in the tenant panel and address areas
creates an overall aesthetically pleasing look to the sign and approves the size of the automate sign date
stamped by the City on April 16,2015.
DATED this 11th day of June 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, dah
ev.....„
Robe Grubb, Chairman
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Sharon . Bergmann,Eagle Ci Clerk �‘ \SEAL
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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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