Findings - CC - 2018 - DR-37-18 - Monument Sign For Foxtail Assisted LivingBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A MONUMENT
SIGN FOR FOXTAIL ASSISTED LIVING FOR
FOXTAIL SENIOR LIVING CENTER, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -37-18
The above -entitled design review application came before the Eagle City Council for their action on August
28, 2018. 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:
Foxtail Senior Living Center, LLC, represented by Terry Brown with Lytle Signs, is requesting
design review approval to construct a monument sign for Foxtail Senior Living. The 4.89 -acre site is
located on the north side of West Chinden Boulevard approximately 1,300 -feet west of the
intersection of North Meridian Road and West Chinden Boulevard at 430 & 450 West Chinden
Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 22, 2018.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 13, 2014, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to MU -DA (Mixed Use with a development agreement) (A-01-
14 & RZ-01- 1 4).
On February 26, 2015, the Design Review Board approved a design review application to construct a
53,510 -square foot (86 -unit) assisted living facility (DR -03-15).
D. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Residential, Transition Overlay
E. ZONING DESIGNATION: MU -DA (Mixed Use with a development agreement)
F. COMPANION APPLICATIONS: None
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G. SIGNAGE:
Sign Data
Sign Dimensions
Area of Signage
Illumination
Sign Landscaping
Materials
Monument Sign
Proposed
8'highx7'6"wide
40 -square feet
Two — 12 -watt, LED (3000K) ground
mounted light fixtures
128 -square feet (approximately)
Aluminum face, top cap, and accent
painted to match building, cultured stone
base, .080 aluminum letters painted black
with vinyl overlay ("Senior Living" and
"Balloon" — Olympic Blue, "String" —
medium gray, "Fox" — orange and white,
mounted to aluminum with 1/2" standoff
H. AGENCY RESPONSES: None
I. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS:
Required
8' high (maximum)
60 -square feet (maximum)
Internal -illumination prohibited
120 -square feet (minimum)
Per Eagle City Code
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.
a. The "overall sign concept" for multi -tenant business centers to assure that it addresses the
continuity between tenant sign design and building design;
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
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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.
C. DISCUSSION:
• The sign will be made of cultured stone, textured aluminum face, and aluminum top cap and
accents. The letters and logo are constructed of .080 aluminum and will be pegged off the
monument sign 1/2". The sign elevation states the textured aluminum face and aluminum top cap
and accents will be painted to match the building, however, it does not identify the specific colors
proposed. The applicant should be required to provide a revised sign elevation identifying all
colors. The revised sign elevation should be reviewed and approved by staff prior to the issuance
of a sign permit.
• Staff defers comment regarding the design and colors of the proposed monument sign 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 July 26, 2018, at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 1:29:36)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The applicant should incorporate additional materials and colors from the building into the design of
the sign to add architectural interest. Additional stone should be added to the base and/or overall sign
design. The Board also recommends an increase in the font size for "Independent Living," "Memory
Care," and "Assisted Living" letters on the sign to make them legible; however, this did not result in a
site specific condition.
• The Board affirms the proposed landscaping around the base of the monument sign.
BOARD DECISION:
The Board voted 6 to 0 (Brasher absent) to recommend approval of DR -37-18 for a design review
application for a monument sign for Foxtail Senior Living for Foxtail Senior Living Center, LLC, with
the site specific conditions of approval and standard conditions of approval provided within their findings
of fact and conclusions of law document, dated August 9, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on August 28, 2018, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
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COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -37-18 for a design review application for a monument sign for
Foxtail Assisted Living for Foxtail Senior Living Center, LLC, with the following Design Review Board
recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR -03-15.
2. Provide a revised sign elevation identifying all colors proposed on the monument sign. The revised sign
elevation shall incorporate additional materials and colors used in the construction of the building. The
stone base shall be increased in width and height. The revised sign elevation shall be reviewed and
approved by staff and two members of the Design Review Board prior to the issuance of a sign permit.
3. A sign permit is required prior to the installation of any signs on this site.
4. Upon completion of the monument sign the applicant shall request a site inspection to be completed by
the Planning and Zoning Department. Upon verification that the monument sign and landscaping have
been completed in compliance with the approved plans, a certificate of completion will be issued.
5. All lettering and the logo on the monument sign shall be pegged off the sign 1/2".
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. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
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approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
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b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. 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.
21. 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.
22. 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.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, 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 final approval for
occupancy of this project.
24. 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
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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.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The Tight source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR -37-18) 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.
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 monument sign will be harmonious with the architectural design of the building (as conditioned
herein), and will not cover nor detract from desirable architectural features since the sign will be
constructed utilizing materials and colors that match the building.
DATED this 28t11 day of August 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ciotA
Stan Ridgeway, Mayor
ATTEST:
e \1 i -.441--4/h
Sharon K. Bergmann, Eagle CitylClerk
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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