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Findings - DR - 2013 - DR-34-12 - Automated Building Wall Sign BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR AN ) AUTOMATED BUILDING WALL SIGN FOR ) IDAHO CENTRAL CREDIT UNION ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-34-12 MOD The above-entitled design review application came before the Eagle Design Review Board for their action on February 28, 2013. 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: Idaho Central Credit Union,represented by Greg Llewellyn with Golden West Signs, is requesting design review approval to install an automated building wall sign on the Idaho Central Credit Union. The 0.69-acre site is located on the northwest corner of East State Street and North Palmetto Avenue at 768 East State Street within Aquila Village Subdivision. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 23, 2013. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 10, 2012, the Eagle City Council approved a design review application for a bank facility with drive thru for Idaho Central Credit Union(DR-33-12). On June 28, 2012, the Eagle Design Review Board approved a design review sign application for a monument sign for Idaho Central Credit Union(DR-34-12) D. COMPANION APPLICATIONS: None E. ZONING DESIGNATION: CBD(Central Business District) F. SIGNAGE: Automated Building Wall Sign(North Elevation) Sign Data Proposed Required Wall Sign Dimensions 3.5' high x 6' high N/A Area of Signage 21-square feet(approximately) 93-square feet(maximum) Illumination LED Automated building wall signs are prohibited G. SIGN MATERIALS: Automated Building Wall Sign—80-inch LED outdoor TV. Page 1 of 5 K:\Planning Dept\Eagle Applications\Dr\2012\DR-34-12 MOD ID Central Credit Union signage drf.doc 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-8(A)(3) Architectural Compatibility. The number,area,and height of signs as outlined in this article are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore,in addition to the enumerated maximum standards,the city shall give consideration to a sign's relationship to the overall appearance of the subject property as well as the surrounding area. • Eagle City Code Section 8-2A-8(A)(3) Materials And Appearance: It is the intent of this article to encourage interesting,creative, readable, effective,uncluttered, and well maintained signage. Sign materials and appearance shall be complementary to the building architecture and colors.The exhibits provided in the EASD book are examples of the types of sign designs envisioned for the Eagle architecture theme. • Eagle City Code Section 8-2A-8(B) AUTOMATED SIGN: A sign with a fixed or changing display capable of displaying words, symbols, figures or images composed of, a series of light emitting elements or moving panels or parts; including, but not limited to: tripaneled, digital, electronic message boards, light emitting diodes (LED) signs or signs that in any other way move or create the illusion of movement. This definition does not include signs with copy that is manually changed. • Eagle City Code Section 8-2A-8(C)(8)Automated Signs: a. Automated signs may be permitted as a part of a monument sign and shall be prohibited in all other types of signs if the city determines the following: (1)The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of this article; (2)The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area;and (3)The lighting will not be disturbing to existing or future neighboring uses. b. Automated signs shall be prohibited in the downtown development area(DDA)and transitional development area(TDA). Page 2 of 5 K:\Planning Dept\Eagle Applications\Dr\2012\DR-34-12 MOD ID Central Credit Union signage dridoc c. All automated signs that utilize light to create change may change frame content through dissolve,fade or scroll features only.No sign shall be operated in a manner which the sign, sign structure,design or pictorial segment of the sign shows full animation, growing, flashing, rotating content,or otherwise creating an illusion of movement, except for single color text only message displays scrolling or traveling across the sign area. d. The signs shall only change frame content not more than every eight(8) seconds. The change of content must change immediately within a period of less than one second. e.Based on brightness measured in nit(an illuminative brightness measurement equivalent to 1 candle per square meter measured perpendicular to the rays of the source);automated signs that utilize light to change frames shall contain an autodimmer allowing for no more than five thousand two hundred(5,200)nit illumination between sunrise and sunset and up to three hundred(300)nit illumination between sunset and sunrise. f.The automated sign portion of any sign should be constructed into the sign in a manner in which it is subordinate to the overall design of the sign. The automated sign portion of any sign shall not exceed twenty percent(20%)of the face of any sign. g. Where more than one sign is allowed only one sign may contain an automated sign. h. The addition of an automated sign to any nonconforming sign is prohibited. i. Any conforming existing sign or portion of a conforming existing sign that is refaced with an automated sign shall require a design review approval. • Eagle City Code Section 8-2A-8(C)(13) Sign Illumination: a. The city must find that any illuminated sign permitted under the specific regulations within this article 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,while encouraging energy efficient lighting. b. 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. c. Floodlighting is permitted only through the use of incandescent and high pressure sodium light sources. d. Exposed neon is permitted when used to create the sign letter(s)or as an architectural element as part of the sign design. A clear covering may be permitted for protection of the neon element. e. Halo illumination is permitted. f. Metal halide is not permitted as a light source for signage. g.All types of internal illumination is prohibited, except for automated signs and drive- through/drive-up service menu board signs as regulated in this article. C. DISCUSSION: • On June 28, 2012, the Eagle Design Review Board approved a monument sign for the Idaho Central Credit Union on the northwest corner of East State Street and Palmetto Avenue. The applicant is requesting a modification to the signage for this site to include an automated building wall sign (LED Display) on the north building elevation The automated building wall sign would be visible to patrons utilizing the drive thru associated with this site. Pursuant to Eagle City Code, automated signs are only permitted to be located within a monument sign. Page 3 of 5 K:\Planning Dept\Eagle Applications\Dr\2012\DR-34-12 MOD ID Central Credit Union signage drf doc Thus,the outdoor LED display is not permitted. 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, Provisions and Requirements for Automated Signs. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on February 28, 2013, 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 absent)to deny DR-34-12 MOD for a design review modification application to add an automated building wall sign to the Idaho Central Credit Union building. The application was denied based on the request to place an automated 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, Provisions And Requirements for Automated Signs. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on January 23, 2013. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-34-12 MOD) 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 modification application is not in accordance with the Eagle City Code and the Eagle Comprehensive Plan. Eagle City Code Title 8, Section 2, Article A, Chapter 8, Sign Regulations, Subsection C, Provisions And Requirements for Automated Signs states that automated signs may be permitted as part of a monument sign and shall be prohibited in all other types of signs; the applicant's proposal of an automated building wall sign is not in compliance with this ordinance. Page 4 of 5 K:\Planning Dept\Eagle Applications\Dr\2012\DR-34-12 MOD ID Central Credit Union signage drEdoc DATED this 14th day of March 2013. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Co o is _�0/ .� OF EgC''',,ae Eric R. McCullough, Chairman ti�••'� �'•�t<' ve ,ORqi,•, -, • OT. c'(' . • * +' * = ...• ATTEST: •• SEAL ; • .� O :` „,-->s. At....4Ak..,.. , ,P Ci%' v' •°.Z..C. r r 6bilL1-14-.4-(--j " -(--4 ,_... ,., ✓ Sharon K. Bergmann, Eagle City Clerk 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\2012\DR-34-12 MOD ID Central Credit Union signage drf.doc