Findings - CC - 2009 - WA-02-099/DR-120-06MOD - Waiver For 3Rd Wall Sign At Bank Of West/47 E Riverside Dr
BEFORE THE CITY COUNCIL
ORIGlf~AL
IN THE MATTER OF AN APPLICATION FOR )
A WAVIER FOR BANK OF THE WEST )
WALL SIGN FOR BANK OF THE WEST )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER W A-02-09/DR-120-06 MOD
The above-entitled waiver application came before the City Council for their action on January 13, 2009.
The 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:
Bank of the West, represented by Lonni Hale, is requesting City Council approval of a waiver for
the approval of a design review application for the construction of a third building wall sign. The
0.93-acre site is located on the southeast comer of East Riverside Drive and Eagle Road within the
Eagle River Development at 47 East Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the design review application for this item on April 24, 2008.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 23, 2002, the Eagle City Council approved a design review sign application for the Master
Sign Plan for Eagle River Development (DR-15-02).
On February 13, 2007, the Eagle City Council approved a design review application for a bank
facility with two drive up service lanes for Bank of the West (DR-119-06).
On February 13, 2007, the Eagle City Council approved a design review sign application for two
building wall signs for Bank of the West (DR-120-06).
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: C-3-DA (Highway Business District with development agreement).
F. SIGNAGE:
Si n Data
Wall Si n Dimensions
Area of Si na e
EXISTING BUILDING WALL SIGN SOUTH ELEVATION
Pro osed Re nired
l' - 0" hi h x 11' - 1 !f2" wide
N/A
maximum)
Interior-illumination rohibited
IlInmination
Halo illuminated - White LED
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Si n Data
Wall Sign Dimensions
EXISTING BUILDING WALL SIGN WEST ELEVATION
Pro osed Re uired
Text = l' - 3" high x 11 1 !f2" wide
N/A
Area of Si na e
Illumination
Halo illuminated - White LED
Interior-illumination rohibited
Si n Data
Wall Sign Dimensions
orth Elevation)
Re uired
Text = l' - 3" high x 111 W' wide
N/A
Area of Si na e
Illumination
Halo illuminated - White L.E.D.
85-s uare feet (maximum)
Interior-illumination rohibited
G. SIGN MATERIALS:
Building Wall Signs:
Fabricated aluminum reverse pan-channel letters with 3" deep returns, all to be painted blue and
illuminated with white L.E.D. halo illumination, stud mounted 2" off the building wall face.
H. AGENCY RESPONSES: None
I. LETTERS FROM THE PUBLIC:
Letter from John Swartz, Construction Manager for Eagle River LLC, date stamped by the City on
April 24, 2008 (attached to the staff report).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT (DR-120-06 MOD):
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.
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. 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 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(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. EAGLE RIVER MASTER SIGN PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Rules:
21. The sign area of any building wall sign shall be limited to 5% for internally illuminated
signs and 10% for non-illuminated signs. All single tenant buildings will be permitted
two wall signs. Multi-tenant buildings are allowed wall signs for two elevations per
tenant maximum. In cases where multi-tenant buildings have entrances on all sides, one
sign will be allowed over each entrance.
D. DISCUSSION:
· On February 13,2007, the Eagle City Council approved two (2) design review applications for the
subject site; one for a bank facility (single tenant building) with two drive up service lanes and
another for two (2) building wall signs for the Bank of the West (DR-119-06 and DR-120-06
respectively). Currently, there is one building wall sign located on the south building elevation
(facing the parking lot and Hilton Garden Inn) and one building wall sign located on the west
building elevation (facing Eagle Road). The applicant is requesting design review approval to
construct a third building wall sign, to be located on the north building elevation (facing Riverside
Drive).
On April 10, 2008, City staff had a pre application meeting with John Luque, a representative
from Bank of the West. During this meeting, staff indicated to the representative that Eagle City
Code only permits two (2) building wall signs for a single tenant building, provided that, each sign
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is placed on a different side of the building. It was suggested that one of the existing building wall
signs located on the south or west building elevation be moved to the north elevation since only
two (2) signs could be proposed and constructed on this building (Eagle City Code Section 8-2A-
8(C)(4)).
On July 23, 2002, the Eagle City Council approved a design review sign application for the Master
Sign Plan for Eagle River Development (DR-15-02). Rule number 21 of the Master Sign Plan for
Eagle River Development sates that all single tenant buildings will be permitted two wall signs. It
should be noted that when this master sign plan was approved Eagle City Code permitted only one
building wall sign for single tenant buildings unless there was frontage on more than one street.
On November 11, 2003, the City of Eagle modified the code to permit all single tenant buildings
to have two building wall signs, provided that, each sign is placed on a different side of the
building. It is staffs opinion that Eagle City Code and the Master Sign Plan for Eagle River
Development are written to provide better sign visibility for single tenant buildings.
The approval of the Master Sign Plan designated buildings or areas that would be permitted to
have a monument sign along Eagle Road or State Highway 44. The subject site is located within
an area that is permitted to have a monument sign adjacent to Eagle Road that is to be shared with
the Hilton Garden Inn and Bardenay. Staff indicated to the representative that another possible
way to provide additional signage would be to obtain permission from Eagle River Development
to place their business name on the existing monument sign adjacent to Eagle Road and to move
one of the existing building wall signs to the north building elevation.
Staff is recommending denial of the proposed application to add a third building wall sign to this
building because it does not comply with the Master Sign Plan for Eagle River Development or
Eagle City Code, which permits a freestanding single tenant building to have a maximum of two
(2) building wall signs.
· Upon receiving this application, staff conducted an inspection of the site. During the inspection of
this site, staff noticed that the A TM located on the south building elevation has signage identifYing
the Bank of the West on it. Pursuant to past action by the Design Review Board and City Council,
the name of the financial institution is not permitted to be located on A TM' s. The applicant
should be required to remove the Bank of the West signage located over the A TM located on south
building elevation without delay.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the infonnation provided to staff to date, staff recommends denial of the requested
design review application because it does not comply with Eagle City Code Title 8, Section 2,
Article A, Chapter 8, Sign Regulations, Subsection C, General Provisions and Requirements for
Wall Signs or the Master Sign Plan for Eagle River Development.
PUBLIC MEETING OF THE BOARD:
A. A public meeting was held on the application before the Design Review Board on June 12,2008, 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 (Barnes and Whittaker absent) to deny DR-120-06 MOD for a design
review modification application to add a third building wall sign to the Bank of the West building
for Bank of the West. The application was denied based on the request to place a third building
wall sign on the building does not comply with Eagle City Code Title 8, Section 2, Article A,
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Chapter 8, Sign Regulations, Subsection C, General Provisions and Requirements for Wall Signs
or the Master Sign Plan for Eagle River Development.
PUBLIC MEETING OF THE COUNCIL:
A. A public meeting was held on the application before the City Council on January 13, 2009, at which
time the Council made their decision.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral 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 a waiver (W A-02-09/DR-120-06 MOD) for the design review
application for the construction of a third building wall sign for Bank of the West, with the
following standard conditions of approval.
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 design review application for this item was received by the City of Eagle on April 24, 2008.
2. The Council reviewed the particular facts and circumstances of this proposed waiver (W A-02-09/DR-
120-06 MOD) and based upon the information provided with the conditions required herein, concludes
that a waiver of Eagle City Code be allowed based on the unique location of this building as it relates
to the adjacent roadways, the Eagle River entry sign, and the trees located at the entrance to Eagle
River Development. The bank facility is significantly blocked from the intersection of Eagle Road and
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KIPlanning DeptlEagle ApplicalionsIWaiversI2009IWA-02-09 Bank of the West sign.doc
East Riverside Drive by the entry sign and trees. The building wall sign located on the north building
elevation will provide recognition from the north (East Riverside Drive). The Council determined that
the allowance of the third building wall sign for Bank of the West was in-lieu of, not in addition to, a
monument sign for the site.
DATED this 27th day of January 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Idaho
ATTEST:
~l\M~ ~
Sharon . Bergmann, agle City Cler
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