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Findings - DR - 2008 - DR-42-08 - Modify The Monument Sign And 2 Building Wal Signs For Subway BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO MODIFY THE ) MONUMENT SIGN AND TWO BUILDING WALL ) SIGNS FOR SUBWAY FOR SUBWAY DEVELOPMENT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-42-08 The above-entitled design review application came before the Eagle Design Review Board for their action on August 14, 2008. 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: Subway Development, represented by Neil Caldwell with Idaho Electric Signs Inc., is requesting design review approval to modify the existing monument sign and two building wall signs for the Subway restaurant. The modification includes removing the two internally illuminated building wall signs and the internally illuminated monument sign and replacing them with halo illuminated signs and reducing the height of the monument sign. The site is located on the northwest corner of East State Street and 2nd Street at 182 East State Street. B. APPLICA TION SUBMITTAL: The City of Eagle received the application for this item on July 2, 2008. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 9, 1994, the Eagle City Council approved the building and signage for the Subway restaurant (DR-12-94). D. COMPANION APPLICATIONS: None E. ZONING DESIGNATION: CBD (Central Business District) F. SIGNAGE: S. n Data Wall Si n Dimensions Area of Si na e 3' %" hi h x 16' 6" wide N/A 41-s uare feet 30-s uare feet (maximum) Interior- illumination rohibited mumination Halo illuminated Page 1 of6 K:\Planning DeptlEagle ApplicationslDr\2008IDR-42-08 Subway signs drf.doc Si n Data Re uired Wall Si n Dimensions Area of Si na e Illumination 2' 5 Yz" hi h x 10' 93/8" wide 2 7 -s uare feet Halo illuminated N/A 42-s uare feet (maximum) Interior- illumination rohibited onument 19n Sign Data Proposed Required Sign Dimensions 4' 9" high x 10' 8" wide (height measure 4' high (maximum when located to top of cap) within the DDA) Area of Signage 26-square feet 30-square feet (maximum when located within 40' of the building) Illumination Halo illuminated Interior-illumination prohibited Sign Landscapine; 126-square feet (approximately) 81-square feet (minimum) M S' G. SIGN MATERIALS: Building Wall Signs - 2 Yz" deep aluminum letters with the returns painted emerald green, the face of the "Sub" text painted white, and the face of the "Way" text painted yellow. The "Sub" text is to be white halo illumination and the "Way" text is to be gold halo illumination. The letters will be peg mounted 1 %" off the face of the building. Monument Sign - Use the existing brick base and 8" square steel tube supports. The existing steel tube supports will be painted duranodic. The cabinet is to be constructed of sheet metal primed and painted duranodic. The inner panel is aluminum primed and painted beige. The "Subway" text is 2 Yz" deep aluminum letters with returns painted emerald green, the face of the "Sub" text painted white, and the face of the "Way" text painted yellow. The "Sub" text is to be white halo illumination and the "Way" text is to be gold halo illumination. The letters will be peg mounted 1 %" off the face of the sign. The address is flat cut aluminum primed and painted duranodic and flush mounted to the face of the sign. 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. Page 2 of6 K:\Planning DeptlEagle ApplicationslDr\2008IDR-42-08 Subway signs drf.doc 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)(1) Sign materials and overall appearance shall compliment the building architecture and colors as determined by the Design Review Board. · Eagle City Code Section 8-2A-8(C)(4)(a) A freestanding single tenant building shall be allowed two (2) wall signs, provided that, each sign is placed on a different side of the building. The entire building shall be permitted one monument sign for every street it fronts. The sides of the building on which the signs are to be placed shall be shown by the owner, but shall be as approved by the design review board. · Eagle City Code Section 8-2A-8(C)(4)(c) The total area of any wall sign attached parallel to, or painted on the face of a building shall not exceed ten percent (10%) of the total area of the building face to which it is attached or painted. · Eagle City Code Section 8-2A-8(C)(4)(e) In determining the total area of a sign created with individual letters only, an imaginary vertical line shall be drawn before the first and after the last letter of each word in the sign. Imaginary horizontal lines shall be drawn above and below each word in the sign. The sum or the areas within these intersecting lines shall equal the total area of the individual letter sign. · Eagle City Code Section 8-2A-8(C)(4)(e) Monument signs located within the DDA shall not exceed four feet (4') in height (including the solid base) measured from the centerline of the adjacent roadway or top of curb, if one exists. Page 3 of6 K:\Planning DeptlEagle AppJicationslDr\2008IDR-42-08 Subway signs drfdoc · Eagle City Code Section 8-2A-S(E) The design review board must find that any illuminated sign permitted under the specific regulations within this chapter 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. 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. · Eagle City Code Section 8-2A-S(K)(1) No signs shall be erected or maintained in any district as established by the Zoning Ordinance except those signs specifically enumerated in this Chapter. The number and area of signs as outlined in this Chapter are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property as well as the surrounding community. Compatible design, simplicity and sign effectiveness are to be used in establishing guidelines for sign approval. C. DISCUSSION: · The applicant is requesting approval to remove the two internally illuminated building wall signs and to modify the internally illuminated monument sign for the Subway restaurant located on the northwest corner of East State Street and 2nd Street. All internally illuminated signage is to be removed from this site and replaced with halo illuminated signage. · The elevation plans date stamped by the City on July 2, 200S, show the wall sign proposed on the south building elevation to be forty one (41) square feet. Per Eagle City Code, the total area of any wall sign attached parallel to, or painted on the face of a building shall not exceed ten percent (10%) of the total area of the building face to which it is attached or painted. The proposed sign exceeds ten percent (10%). The applicant should provide revised elevation plans showing the size of the sign proposed on the south building elevation does not exceed thirty (30) square feet. The revised elevation plans should be reviewed and approved by staff prior to the City issuing a sign permit for this site. · The existing monument sign located adjacent to East State Street is approximately seven feet nine inches (7' 9") in height. The face of the sign is supported by two (2), eight inch (8") square steel tube supports atop a brick base. The applicant is proposing to retain the brick base and to utilize the square steel tube supports. A new sign face will be fabricated with halo illuminated letters and installed between the steel tube supports. The top of the new sign face does not exceed four feet (4') in overall height. The steel tube supports will be cut down and a decorative metal cap will be placed on top of the steel tube supports for an overall height of four foot nine inches (4' 9"). Per Eagle City Code, a monument sign located within the DDA shall not exceed four feet (4') in height. Although the decorative caps on the steel tube supports cause the height of the monument sign to exceed that which is permitted by Eagle City Code, the overall height of the monument sign is decreasing by a total of three feet (3 '). Staff defers comment regarding the overall height of the monument sign to the Design Review Board. · The existing monument sign has planter beds located around the base of the sign, however, there are very few plants actually growing within those planter beds. The picture that is shown on the monument elevation plan at the lower right hand side of the page shows a barberry shrub covering a portion of the existing monument sign. As shown on the landscape plan date stamped by the City on July 2, 200S, the existing barberry shrub is to be retained. Staff is concerned that with the face of the sign being lowered that the existing barberry shrub is going to cover more of the sign. Also, with the bottom of the sign being approximately one foot (1') off the ground, staffis concern Page 4 of6 K:\Planning DeptlEagle ApplicationslDr\2008IDR-42-08 Subway signs drf.doc about some of the new plant material proposed around the base of the monument sign growing up and covering the face of the sign. Staff defers comment regarding the existing and proposed plant material around the base of the 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 was held on the application before the Design Review Board on August 14, 200S, 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 (Butler and Grubb absent) to approve DR-42-0S for a design review application to modify the monument sign and two building wall signs for Subway for Subway Development, 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. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide revised elevation plans showing the size of the sign proposed on the south building elevation does not exceed thirty (30) square feet. The revised elevation plans shall be reviewed and approved by staff prior to the City issuing a sign permit for this site. 2. Upon removal of the existing building wall signs and prior to the installation of the new building wall signs, all penetrations of the building structure shall be neatly sealed in a watertight condition that matches the texture, color, and material used in the construction of the building. 3. A sign permit is required prior to the installation of any signs on this site. 4. Provide revised elevation plans showing the overall height of the monument sign (including the steel columns) does not exceed four feet (4'). The revised elevation plans shall be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a sign permit for this site. 5. Provide a revised landscape plan showing the removal of the two Barberry shrubs located on the east side of the sign and the one Burning bush on the west side of the sign. The revised landscape plan shall incorporate more of the proposed plant material shown on the landscape plan date stamped by the City on July 2. 200S. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a sign permit for this site. 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 Page 5 of6 K:\Planning DeptlEagle ApplicationslDr\2008IDR-42-08 Subway signs drf.doc 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: I. The application for this item was received by the City of Eagle on July 2, 200S. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-42-0S) with regard to the Eagle City Code Title S, 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. DA TED this 2Sth day of August 200S. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada county~ Eric~ough' Cha~an ATTEST: "...,........ I. .#. .... ~ * #'#, ~ ()~........ ~## ... -.. c:: .. 0 "" ~ f.~.. ~p ,.........-:. .. ",.... <.,.. .., .- = "'. 4:' .... ~ ~ ~ : 0: 0 I -..J~. 0 : : . a.. . ~ ....:......: · ...... ex: I [., "C. - ; ~.. 0 ""of "": 'J.. : \ 'Co \. v '" Il-,e.. 0 : "" ~ '\ . 0 · b. ... ~ V ... n~C... A""" ...... ~ ....... ~....... ~"" * S'\ "., '""...........' ~W1..<~~~ ....... Sharon K. Bergmann, Eagle City Clerk Page 6 of6 K:\Planning DeptlEagle ApplicationslDr\2008IDR-42-08 Subway signs drf.doc