Findings - CC - 2009 - WA-01-09/DR-64-08 - Waiver For 3Rd Sign/Cool Hand Luke's/291 E Shore Drive
BEFORE THE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A WAVIER FOR COOL HAND LUKE'S
STEAKHOUSE AND SALOON WALL SIGN
FOR STONEWYCKE PARTNERS, LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER W A-OI-09/DR-64-08
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:
Cool Hand Luke's Steakhouse and Saloon, represented by Susan Bosworth with Young Electric
Sign Company, 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 site is located
approximately 135-feet south of East Shore Drive within Eagle River Development (Lot 12,
Block 4, Mixed Use Subdivision No.3) at 291 East Shore Drive.
B. APPLICA nON SUBMITTAL:
The City of Eagle received the design review application for this item on October 9,2008.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 19, 2004, the Eagle City Council approved a design review application for a two
story multi-tenant office/retail/restaurant building (DR-94-04).
On October 19, 2004, the Eagle City Council approved a design review application for a master
sign plan for a two story multi-tenant office/retail/restaurant building (DR-95-04).
On August 12, 2008, the Eagle City Council approved a design review application for a
modification to the master sign plan for a multi-tenant office/retail/restaurant building, including
two building wall signs for Cool Hand Luke's Steakhouse and Saloon (DR-95-04 MOD).
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: MU-DA (Mixed Use with development agreement)
F. SIGNAGE:
Si n Data
Cool Hand Luke's Buildin
Pro osed
Wall Sign Dimensions
24" high x 16' wide
Wall sign dimensions are not regulated by
City Code, but must fall within the maximum
area of signa e allowed on the building face.
Area of Si na e
Illumination
White LED halo illumination
Internal illumination rohibited
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G. SIGN MATERIALS:
"Cool Hand Luke's": 3" reverse pan channel aluminum construction ("Cool Hand" = paint
YS207, "Luke's = paint YS065).
"Steakhouse/Saloon": 3" reverse pan channel aluminum construction (black matte finish letters
on rough saw cedar stain background).
H. AGENCY RESPONSES: None
I. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT (DR-64-08):
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
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)(b)
Any business within a multitenant building that is located on a street corner or which fronts
two (2) streets shall be allowed two (2) wall signs. The sides of the building on which the
signs area to be placed shall be shown by the owner, but shall be as approved by the design
review board.
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· Eagle City Code Section 8-2A-8(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-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 buildint!s are allowed wall sit!ns 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 August 12, 2008, the City Council approved a modification to the master sign plan for the
Stonewycke Building, located in the Eagle River Development, including two building wall signs
for Cool Hand Luke's. The modification to the master sign plan allowed one sign with a logo to
be located above the entrance to the restaurant on the east building elevation, and a second sign
(without logo) for the west building elevation facing the pond. The modification to the master
sign plan included language that allowed a significant increase in tenant signage where before
very little tenant signage was allowed on the building.
The applicant is requesting design review approval to add a third building wall sign to the north
elevation of the Stonewyck Building for Cool Hand Luke's Steakhouse and Saloon. According to
the narrative date stamped by the City on October 9, 2008, the applicant is requesting a third
building wall sign because the existing signs, located on the east and west building elevations do
not provide adequate commercial visibility for the restaurant.
The applicant has suggested that though the building is approved for a restaurant/office use, its
location is more suited to the office use and does not inherently provide the adequate visibility
that a restaurant use requires. Staff did suggest that one of the existing wall signs could be moved
to the north building elevation, but the applicant contends that in this particular situation a third
building wall sign is the only solution.
· The master sign plan for Eagle River Development allows a maximum of two building wall signs
for each business or tenant. However, Eagle River management has indicated, verbally and in a
letter attached to this application, that they approve of a third building wall sign in this particular
situation, and would be open to modifYing the master sign plan for the Eagle River Development
to allow a third building wall sign on a case by case basis.
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· The third building wall sign requested to be located on the north elevation will be identical to the
existing sign located on the west (pond side) building elevation (thirty two square feet
(approximate) without a logo).
· 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 states that all multi 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 tenants located within multi tenant buildings unless there was
frontage on more than one street.
· 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 tenants in a multi tenant building to have a maximum of two (2)
building wall signs.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information 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 November 13,
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 3 to 0 (Barnes, McCullough, Niblett, and Whittaker absent) to deny DR-64-08
for a design review application to add a third building wall sign for Cool Hand Luke's Steakhouse
and Saloon. 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, 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-01-09/DR-64-08) for the design review
application for the construction of a third building wall sign for Cool Hand Luke's Steakhouse
and Saloon for Stonewycke Partners, LLC, with the following standard conditions of approval.
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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 October 9, 2008.
2. The Council reviewed the particular facts and circumstances of this proposed waiver application
(W A-O 1-09/DR-64-08) and based upon the information provided with the conditions required herein,
concludes that a waiver of Eagle City Code be allowed based upon the unique positioning of the
building as it relates to the adjacent roadway. Although an existing building wall sign is located on
the west building elevation (which can be viewed from Eagle Road) there is no building recognition
from the north (East Shore Drive). By allowing a building wall sign on the north building elevation,
the potential patron can see the building wall sign when driving eastbound on East Shore Drive and
conclude that they need to turn into the next driveway on the south side of East Shore Drive to reach
their destination of Cool Hand Luke's Steakhouse and Saloon.
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DATED this 27th day ofJanuary 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
Idaho
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ATTEST:
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..........SharonK. Bergmann, Eagle City C rk
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