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Findings - DR - 2011 - DR-27-11 - 2 Building Wall Signs And 1 Monument Sign For Smokey Mt. Pizzeria Grill BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR TWO BUILDING WALL ) SIGNS AND ONE MONUMENT SIGN FOR SMOKY ) MOUNTAIN PIZZERIA GRILL FOR DAN TODD ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-27-11 The above-entitled design review application came before the Eagle Design Review Board for their consideration on August 25, 2011. 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: Dan Todd, represented by Eric Williams with YESCO, is requesting design review approval to construct two(2)building wall signs and one monument sign for Smoky Mountain Pizzeria Grill. The 0.48-acrs site is located on the southeast corner of East State Street and 151 Street at 127 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 21, 2011. C. HISTORY OF RELEVANT PREVIOUS ACTIONS:None D. COMPANION APPLICATIONS: DR-26-11 (design review for the building). E. ZONING DESIGNATION: CBD(Central Business District). F. SIGNAGE: North Building Wall Sign Sign Data Proposed Required Wall Sign Dimensions 4' 11"high x 10' wide N/A Area of Signage 50-square feet(approximately) 50-square feet(maximum)* Illumination Exposed neon Interior-illumination prohibited *Note:Based on a 10-foot interior ceiling height. East Building Wall Sign Sign Data Proposed Required Wall Sign Dimensions 4' 11"high x 10' wide N/A — Area of Signage 50-square feet(approximately) 91-square feet(maximum)* Illumination Non-illuminated Interior-illumination prohibited _ *Note:Based on a 10-foot interior ceiling height. Page 1 of 5 K\Planning Dept\Eagle Applications\Dr\2011\DR-27-1I Smoky Mtn Signage drf doc Monument Sign Sign Data Proposed Required Sign Dimensions 4' high x 6' wide 4' high(maximum) Area of Signage 12-square feet 30-square feet(maximum) Illumination Ground mounted light fixtures Interior-illumination prohibited Sign Landscaping 225-square feet(approximately) 36-square feet(minimum) G. SIGN MATERIALS: Building Wall Signs — Aluminum background painted venetian stucco. Letters "Smoky Mountain"to be red vinyl with white outline. Letters "Pizzeria Grill"to be black vinyl with white outline. The mountains will be green vinyl with white outline. The illuminated sign will use neon clear red and veep green. Monument Sign—Wood siding and color to match that which is used on the building. Sign face is to be aluminum painted venetian stucco. Letters "Smoky Mountain" to be red vinyl with white outline. Letters "Pizzeria Grill"to be black vinyl with white outline. The mountains will be green vinyl with white outline. 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. 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. Page 2 of 5 K\Planning DeptTagle Applications\Dr\2011\DR-27-11 Smoky Mtn Signage drf.doc • 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(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. DISCUSSION: • The applicant is proposing to construct two building wall signs and one monument sign. The wall sign proposed on the north building elevation will have exposed neon and the wall sign proposed on the east building elevation will be illuminated by decorative light fixtures. The monument sign will be placed in an existing landscape area near the northeast corner of the building. The sizes and locations of the proposed building wall signs and monument sign all meet that which is required within Eagle City Code. • The applicant is requesting approval to install red exposed neon along the top of the parapet wall along the north building elevation. Eagle City Code does not specifically address exposed neon as an accent to the building, thus staff defers comment regarding the use exposed neon as accent lighting to the Design Review Board. • Staff defers comment regarding design and color of all proposed signs 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. Page 3 of 5 K:\Planning Dept\Eagle Applications\Dr\2011\DR-27-11 Smoky Mtn Signage drfdoc PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on August 25, 2011, 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 6 to 0(Grubb abstained)to approve DR-27-11 for a design review application for two building wall signs and one monument sign for Smoky Mountain Pizzeria Grill for Dan Todd, 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. A sign permit is required prior to the installation of any signs on this site. 2. Provide detailed cut sheets of the ground mounted light fixtures showing the style, wattage, luminaries, etc. The detailed cut sheets shall be reviewed and approved by staff prior the City accepting a sign permit for this site. 3. Any ground mounted floodlights used to illuminate the monument sign shall be screened or located so they do not shine onto the roadway or onto any nearby property. The light fixtures shall be concealed or screened with perimeter landscaping providing a 12 month screen of sufficient height and density to conceal such fixtures. 4. The elevation plan date stamped by the City on July 21, 2011, showing the red exposed LED neon along the top of the north parapet wall is approved. 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 Page 4 of 5 K:\Planning Dept\Eagle Applications\Dr\2011 CDR-27-11 Smoky Mtn Signage drf doc 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 application for this item was received by the City of Eagle on July 21, 20011. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-27-11) 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. DATED this 8th day of September 2011. DESIGN REVIEW BOAKTh OF THE CITY OFF- ' LE Ada County .. 'Tom - - i4,- r.--,,,, Eric R. McCullough, Chairman cd\.tS OF F ATTEST: * G0R PORq C. t t+ 0//4-t elm �� ...SEAL` �� `, Sharon K. Bergmann, ale City lerk %9Ta''� O;' ,_.(j19.17 g tY ''.,F OF ID l'` .. Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 5 of 5 K\Planning Dept\Eagle Applications\Dr\2011 CDR-2'7-I1 Smoky Mtn 5ignage drf doc