Findings - CC - 2016 - AA-07-15/DR-52-99MOD6 - Multi-Tenant Monument Sign Design/ For Eagle Marketplace/3210 E ChindenBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPEAL OF THE
THE DESIGN REVIEW APPLICATION REGARDING
THE MULTI- TENANT MONUMENT SIGN DESIGN
FOR THE EAGLE MARKETPLACE FOR EAGLE
MARKETPLACE, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER AA- 07- 15/DR -52 -99 MODE
The above - entitled appeal came before the Eagle City Council for their action on February 23, 2016. 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:
Alturas Eagle Marketplace, LLC, represented by Virginia Cunningham with Golden West Signs,
is requesting design review approval to modify the master sign plan for the Eagle Marketplace to,
in part, revise the multi -tenant monument sign design. The site is located on the northeast corner
of East Chinden Boulevard and North Eagle Road at 3210 East Chinden Boulevard.
This appeal is applicable to the multi -tenant monument sign design portion of the design review
application. For all other provisions and approvals related to DR -52 -99 MOD6 (which are not a
part of this appeal), see the Design Review Board findings of fact and conclusions of law
document, dated December 10, 2015, incorporated herein by reference.
B. APPEAL FILING/NOTIFICATION:
The Eagle Zoning Administrator filed an appeal (AA- 07 -15) of the design review application (DR-
52-99 MOD6) for City Council action regarding the multi -tenant monument sign design, on
December 23, 2015.
The notification for this item was sent to the applicant on December 23, 2015.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 27, 1995, the Eagle City Council approved a rezone with a development agreement for
this site. The development agreement was signed on July 12, 1995 (RZ -95).
On December 8, 1998, the Eagle City Council approved a conditional use permit for Eagle Country
Plaza Shopping Center (CU- 7 -98).
On January 12, 1999, the Eagle City Council approved the design review application for Eagle
Country Plaza Shopping Center (DR- 35 -98).
On February 8, 2000, the Eagle City Council approved a design review sign application for the City
Marketplace (DR- 52 -99).
On October 24, 2000, the Eagle City Council approved a design review sign application to modify
the monument signs at the City Marketplace (DR -52 -99 MOD).
On September 18, 2001, the Eagle City Council approved a modification to the rezone with
development agreement for this site, which decreased the number of monument signs permitted
from three (3) to two (2). In addition, the modification permitted the monument sign height to be
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increased from eight -feet (8') to fifteen -feet (15') (RZ -95 MOD).
On July 22, 2003, the Eagle City Council approved a modification to the rezone with development
agreement for this site, which allowed the developer to erect a monument sign to be shared with
the City of Eagle and to allow the placement of one directional sign at each of the two entrances
into the shopping center (RZ -95 MOD2).
On August 24, 2004, the Eagle City Council approved a design review sign application to modify
the master sign plan for the City Marketplace (DR -52 -99 MOD3).
On October 11, 2011, the Eagle City Council approved a design review sign application to modify
the master sign plan for the City Marketplace (DR -52 -99 MOD4).
On June 26, 2014, the Eagle Design Review Board approved a design review sign application to
modify the master sign plan for the Eagle Marketplace (DR -52 -99 MOD5).
On November 12, 2015, the Eagle Design Review Board approved the design review application
(DR -52 -99 MOD6) for a master sign plan modification for Eagle Marketplace. This modification
also included two monument signs which incorporated one automated sign into each monument
sign for a total of two automated signs.
On December 3, 2015, the Eagle Design Review Board held a workshop to review revised
monument sign elevations to ensure compliance with the established site specific conditions of
approval. The Board accepted the revisions at that time.
On December 10, 2015, the Eagle Design Review Board approved and adopted their findings of
fact and conclusions of law document for DR -52 -99 MODE.
On February 9, 2016, the City received a revised multi -tenant monument sign design.
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: C -1 -DA and C -2 -DA (Neighborhood Business District and General
Business district with a development agreement)
F. SIGNAGE:
Multi -tenant Monument Sign with Automated Sign (Eagle Road)
Sign Data
Proposed
Required
Sign Dimensions
25' high x 13' wide
25' hi (maximum)*
Area of Signage
194- square feet
200 - square feet (maximum)*
Automated sign = 17%
Automated sign = shall not
exceed 20% of the face of the
monument sign (maximum and
only one monument is permitted
to have automated
Illumination
Punch through and Automated Signs
Internal - illumination prohibited
Sign Landsca in
126-square feet (approxi2ja 1)
600-square feet (minimum)
*Note: Height and square footage allowed for shopping center monument signs when located adjacent to a state highway.
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Multi -tenant Monument Sian with Automated Sian (Chinden Boulevard)
Sign Data
Proposed
Required
Sign Dimensions
25' high x 13' wide
25' hi (maximum)*
Area of Signage
194 - square feet
200 - square feet (maximum)*
Automated sign = 17%
Automated sign = shall not
exceed 20% of the face of the
monument sign (maximum and
only one monument is permitted
to have automated
Illumination
Punch through and Automated Signs
Internal - illumination prohibited
Sign Landscaping
480-square feet (a pproximately)
600 -s uare feet (minimum)
*Note: Height and square footage allowed for shopping center monument signs when located adjacent to a state highway.
G. SIGN MATERIALS:
Main cabinet is fabricated from sheet metal, primed and painted with fine textured finish. Each
tenant panel is fabricated from aluminum 3 -inch deep, primed and painted with matte finish.
Tenant name is to be illuminated by punch through letters with fluorescent lamps for halo
illumination. Multi -tenant monument signs incorporate a stone base.
H. AGENCY RESPONSES: None
I. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF MEMORANDUM:
A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS APPEAL:
Eagle City Code Section 8- 2A -14: APPEALS:
A. Appeal Of The Design Review Board Decision: Any final decision by the design review board
may be appealed to the city council. Within fourteen (14) calendar days following the design
review board's adoption of findings of fact and conclusions of law, the appealing party shall file a
written notice of appeal with the city clerk before five o'clock (5:00) P.M. or close of business,
whichever occurs later, specifically identifying which requirements are appealed to the city
council and all reasons, factual and legal, why the decision of the design review board should be
overturned or modified.
B. Action By The City Council: Within twenty five (25) calendar days from receipt of the written
notice of appeal, the zoning administrator shall set a hearing date for the appeal to be heard by the
city council. The zoning administrator and the city attorney shall provide the appellant and the
city council with a written response to the notice of appeal, including any other documents filed
by the appellant, at least three (3) calendar days prior to the appeal hearing. After hearing the
appeal, the city council may approve, approve with supplementary conditions, or deny the appeal
as presented. Within fourteen (14) calendar days after a written decision has been rendered by the
city council, the zoning administrator shall provide the appellant with written notice of the
decision.
• Eagle City Code Section 8 -2A -8 (C)(9)(d) states:
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
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and other attention attracting devices prohibited herein are subject to removal by the city at the
owner's or user's expense:
d. Cabinet signs (standard) except with nontranslucent panels as may be incorporated into a
monument sign which includes advertising for multiple tenants, and as long as the cabinet portion
of the multi -tenant monument sign is surrounded on all four (4) sides by architectural elements of
the sign structure.
B. DISCUSSION:
• On November 12, 2015, the Eagle Design Review Board approved the design review application
(DR -52 -99 MODE) for a master sign plan modification for Eagle Marketplace.
On December 3, 2015, the Eagle Design Review Board held a workshop to review revised
monument sign elevations to ensure compliance with the established site specific conditions of
approval. The Board accepted the revisions at that time.
On February 9, 2016, the applicant submitted a revised monument sign design reflecting the
addition of architectural elements to the sign structure to address the requirements of Eagle City
Code Section 8 -2A -8 (C)(9)(d).
• Staff has reviewed the February 9, 2016, revised multi -tenant monument sign design with regard
to ECC 8 -2A -8 (C)(9)(d), and believes the revised sign contains sufficient architectural elements
on all sides of the sign to conclude that the sign has been designed in compliance with Eagle City
Code.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF MEMORANDUM:
Staff recommends approval of the revised multi -tenant monument sign design with the site specific
conditions of approval and standard conditions of approval provided within the staff memorandum, dated
February 16, 2016.
PUBLIC MEETING OF THE CITY COUNCIL:
A. A meeting to consider the application was held before the City Council on February 23, 2016, at which
time the Council made their decision.
B. Testimony in opposition to this proposal was presented to the City Council by no one.
C. Testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve AA- 07- 15/DR -52 -99 MOD6 for an appeal for Alturas Eagle
Marketplace, LLC with the following site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The revised monument sign design, date stamped by the City on February 9, 2016, is approved.
2. Comply with all site specific conditions of approval and standard conditions of approval identified
within the Design Review Board's findings of fact and conclusions of law document, dated December
10, 2015 (DR -52 -99 MOD6) (excluding all other multi- tenant monument sign designs).
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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 Council reviewed the particular facts and circumstances of this proposed appeal (AA- 07- 15/DR-
52-99 MOD6) with regard to the Eagle City Code Title 8, and based upon the information provided
with the conditions required herein, concludes that the revised multi -tenant monument sign design, date
stamped by the City on February 9, 2016, is in accordance with the applicable provisions of the Eagle
City Code and the Eagle Comprehensive Plan.
DATED this 231 day of February 2016.
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ATTEST:
Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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