Findings - DR - 2015 - DR-57-15 - 3-Building Wall Signs, Monument Sign, Menu Board SignageBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THREE BUILDING )
WALL SIGNS, MONUMENT SIGN, AND MENU )
BOARD SIGNAGE FOR FREDDY'S FROZEN )
CUSTARD AND STEAKBURGERS FOR )
EAGLE DEVELOPMENT ASSOCIATION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -57 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on December 10, 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:
Eagle Development Association LLC, represented by Ken Lenz, is requesting design review sign
approval to construct three building wall signs for Freddy's Frozen Custard and Steakburgers. The
site is located on the northeast corner of East State Street and State Highway 55 at 2864 East State
Street within the Eagle Promenade Shopping Center.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 4, 2015.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 27, 2001, the Eagle City Council approved a preliminary plat for Eagle Towne and
Country Centre (PP- 18 -00).
On February 27, 2001, the Eagle City Council approved a conditional use permit for conditional
use approval for Eagle Towne & Country Shopping Center and a height exception (CU- 18 -00).
On April 24, 2001, the Eagle City Council approved the common area landscaping within Eagle
Towne and Country Centre (DR- 06 -01).
On February 25, 2003, the Eagle City Council approved a final plat for YES Subdivision (Eagle
Towne and Country) (FP- 01 -02).
D. COMPANION APPLICATIONS: DR -56 -15 (design review application for a restaurant with drive -
through).
E. ZONING DESIGNATION: C -3 (Highway Business District)
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F. SIGNAGE:
Building Wall Sign (north elevation)
Sign Data
Proposed
Required
Wall Sign Dimensions
6' 2" high x 18' 6 'h" wide
N/A
Area of Si na a
114-square feet (approximately)
105- square feet (maximum)
Illumination
Halo - illuminated, internally- illuminated,
and non - illuminated
Interior - illumination prohibited
Buildine Wall Sian (east elevation)
Sign Data
Proposed
Required
Wall Sign Dimensions
5' 1" high x 15' 3 '' /z" wide
N/A
Area of Si na a
78-square feet (approximately)
72- square feet (maximum)
Illumination
Halo - illuminated, internally- illuminated,
and non - illuminated
Interior- illumination prohibited
Building Wall Sian (south elevation)
Sign Data
Proposed
Required
Wall Sign Dimensions
6' 2" high x 18' 6 'h" wide
N/A
Area of Si na a
114-square feet (approximately)
105- square feet (maximum)
Illumination
Halo- illuminated, internally- illuminated,
and non - illuminated
Interior - illumination prohibited
Monument Sian
Sign Data
Proposed
Required
Sign Dimensions
6' high x 8' wide
6' high (maximum per the master
si Ian for Eagle Promenade
Area of Signage
16- square feet (approximately)
30- square feet (maximum per the
master sign plan for Eagle
Promenade
Illumination
Ground mounted light fixtures
Interior - illumination prohibited
Sign Landscaping
150-square feet (approximately)
48-square feet (minimum)
Preview Menu Board Sim
Sign Data
Proposed
Required
Sign Dimensions
6' 2" high x 3' 3" wide
7 -feet in height maximum
Area of Si na a
16-square feet (approximately)
35-square feet maximum
Illumination
430 -milli amps
430 -milli amps maximum
Sign Landscaping
100-square feet (a roximatel )
48-square feet (minimum)
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Main Menu Board Sian
Sign Data
Proposed
Required
Sign Dimensions
7' 11" high x 6' 5" wide
7 -feet in height maximum
Area of Si na a
37-square feet
35-square feet maximum
Illumination
430 -milli amps
I 430 -milli amps maximum
Sign Landscaping
130-square feet (approximately)
111 -square feet minimum)
G. SIGN MATERIALS:
Building Wall Signs — "Freddy's" and "Steakburgers" text is to be 3 -inch deep aluminum letters
painted red and illuminated with red LED for halo illumination. "Frozen Custard &" text is to be
%" clear acrylic push thru overlaid with white vinyl and internally illuminated. The "ice cream"
logo is to be EIFS and non illuminated.
Drive Thru Menu Board Monument Signs — fabricated aluminum with red finish. Internally
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
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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)
ILLUMINATION, INTERNAL: Illumination of a sign from any light source that is concealed
or contained within the sign and becomes visible in darkness through a translucent surface,
except for illumination, punch through letter signs. This includes characters, letters, figures,
designs or outline which is illuminated by gas filled luminous tubes, such as neon, argon or
fluorescent.
ILLUMINATION, PUNCH THROUGH LETTER: A sign with letters, logos or other sign
graphics that are opaque (no light is permitted to shine through them), that are attached to a
sign cabinet or structure that allows light to shine through it. The distance between the letters,
logos, or other sign graphics and the background (surface of the cabinet or structure) is a
maximum of one -half inch (1 /2"). The light source is concealed within the cabinet or structure
and is not visible except that illumination from the light source shines though transparent
(nonopaque) background material for no more than one - fourth inch (1/4 ") around the letters,
logo, and other graphics, creating a halo effect.
• Eagle City Code Section 8- 2A- 8(C)(6) Drive- Through/Drive -Up Service Menu Board Signs:
a. Shall not exceed seven feet (T) 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
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-
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through/drive -up service menu board signs as regulated in this article.
C. MASTER SIGN PLAN PROVISION WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Each individual pad site will be permitted to have one freestanding monument style sign not to
exceed 6' in overall height measured from the centerline of the adjacent roadway and a maximum
of 30 square feet in copy area. The background color of all individual pad site monument signs
shall be cream colored to match the shopping center monument signs. Individual tenant logos and
colors are permitted to be installed on the cream colored background.
• Each pad site due to the configuration of the property or the nature of the landscaping design, has
no alternative except to place that sign in a berm area may be granted an exception to the
"measured from the centerline of adjacent roadway" restriction in the overall height of the sign. A
cross section of the berm showing the height of the monument sign in relation to the adjacent
roadway is required to be reviewed and approved by the developer and the City of Eagle.
• Walls signs are permitted to be individual reverse pan channel letters with halo illumination or
open pan channel letters with exposed neon. Non - illuminated letters of individual design are
permitted in addition to the channel letters subject to landlord and City approval. All signs shall be
earth tones.
• All wall signs shall be a maximum of 10% of the building wall elevation. The building wall
elevation shall be measured by the width of the tenant lease space multiplied by a ceiling height of
14 ".
D. DISCUSSION:
• The applicant is requesting design review sign approval to construct three (3) building wall signs,
a monument sign, and menu board signage for Freddy's Frozen Custard and Steakburgers within
Eagle Promenade Shopping Center. The building wall signs are proposed to be a combination of
halo - illumination, internal - illumination, and non - illuminated. The "Ice Cream Cone" logo is to be
constructed of EIFS painted to resemble a cone and ice cream. The " Freddy's" and " Steakburger"
text is to be halo - illuminated with red LED lighting. The "Frozen Custard &" text is proposed to
be internally illuminated. Pursuant to Eagle City Code, internally illuminated signage is not
permitted. The applicant should be required to provide revised elevations showing the "Frozen
Custard &" text to be constructed pursuant to Eagle City Code Section 8- 2A -8(B) Illumination,
Punch Through Letter. The revised elevations should be reviewed and approved by staff prior to
the issuance of a sign permit.
• All three (3) of the building wall signs exceed the square footage that is permit within the master
sign plan for the Eagle Promenade Shopping Center. The building wall signage is to be calculated
using the width of the tenant lease space multiplied by a ceiling height of 14 -feet. The applicant
should be required to provide revised elevation plans showing the building wall signs proposed on
the north and south building elevations not exceeding 105- square feet and the building wall sign
proposed on the east building elevation not exceeding 72- square feet. The revised elevation plans
should be reviewed and approved by staff prior to the issuance of a sign permit.
• The main menu board, date stamped by the City on November 4, 2015, shows the face of the menu
board to be 37- square feet. Pursuant to Eagle City Code, the square footage of menu boards shall
not exceed 35- square feet. The applicant should be required to provide revised elevations of the
main menu board showing the face of the menu board does not exceed 35- square feet. The revised
elevation plans should be reviewed and approved by staff prior to the issuance of sign permit.
• The applicant is proposing a monument sign to be constructed near the southwest corner of the
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KAPlanning DeptEagle ApplicationADA2015 DR -57 -15 Freddy's signage drfdoc
site. The design, colors, and construction materials to be used in the construction of the monument
sign match those that were previously approved in the Master Sign Plan for Eagle Promenade
Shopping Center. The overall height of the monument sign is shown to be approximately 11 -feet
in height (6 -feet as measured from the center of the adjacent roadway). While the master sign plan
criteria allows for the height of the sign to be measured from the centerline of the adjacent
roadway, staff is concern with the overall height of the monument sign and if the construction of
the monument sign at that height can withstand high wind volumes without the sign twisting,
turning, or blowing over. Additionally, staff is concerned about the proposed plant material
proposed at the base of the sign not being enough to provide a good base to the monument sign
and providing full coverage around the base. The landscape plan, date stamped by the City on
November 4, 2015, shows Stella De Oro Daylily plants to be planted at the base of the monument
sign.
The applicant should be required to provide revised elevation plans of the monument sign showing
how the sign will withstand high wind volumes without the sign twisting, turning, or blowing over.
The revised elevation plans should be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a sign permit.
The applicant should be required to provide a revised landscape plan showing greater variety of
plant material to be planted at the base of the sign. Plant material that will grow higher and fill in
around the base of the monument sign should be considered. 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 December 10,
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 5 to 0 (Schafer abstained; Brasher absent) to approve DR -57 -15 for a design
review application for three building wall signs, a monument sign, and menu board signage for
Freddy's Frozen Custard and Steakburgers for Eagle Development Association 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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of DR -34 -03 and DR -34 -03 MOD.
2. Provide revised elevations showing the "Frozen Custard &" text to be constructed pursuant to Eagle
City Code Section 8- 2A -8(B) Illumination, Punch Through Letter. The revised elevations shall be
reviewed and approved by staff prior to the issuance of a sign permit.
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3. Provide r-ffised elevation plans showing the building wall signs pfopesed on the nefth and seuth
building elevatiens net erweeding 105 squafe fee4 and the building wall sign pf-epesed on the east
building elevation not exeeedifig :72 squafe feet. The revised elevatien plans shall be -eviewivedd And-
4. Provide revised elevations of the main menu board showing the face of the menu board does not
exceed 35- square feet. The revised elevation plans shall be reviewed and approved by staff prior to the
issuance of sign permit.
5. Provide revised elevation plans of the monument sign showing how the sign will withstand high wind
volumes without the sign twisting, turning, or blowing over. The revised elevation plans shall be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a
sign permit.
6. Provide a revised landscape plan showing greater variety of plant material to be planted at the base of
the sign. Plant material that will grow higher and fill in around the base of the monument sign shall be
considered. 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.
7. A sign permit is required prior to the installation of any signs on this site.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. A building permittzoning 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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 4, 2015.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR- 57 -15) 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 1401 day of January 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
G b, Chairman
ATTEST:
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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