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Findings - DR - 2015 - DR-51-15 - Construct Building Wall Ignage For PetcoBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT BUILDING WALL SIGNAGE FOR PETCO FOR EAGLE DEVELOPMENT ASSOCIATES FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -51 -15 The above - entitled design review application came before the Eagle Design Review Board for their action on December 10, 2015. 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: Eagle Development Associates, represented by Mandie Brozo with CSHQA, is requesting design review sign approval to construct building wall signage for Petco. The site is generally located on the north side of East State Street between State Highway 55 and Horseshoe Bend Road at 3006 East State Street (located abutting the west side of the Winco building) within YES Subdivision. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 28, 2015, and supplemental information provided on December 1, 2015. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 27, 2001, the Eagle City Council approved a preliminary plat for Eagle Towne and Country Centre (PP- 18 -00). On February 27, 2001, the Eagle City Council approved a conditional use permit for conditional use approval for Eagle Towne & Country Shopping Center and a height exception (CU- 18 -00). On April 24, 2001, the Eagle City Council approved the common area landscaping within Eagle Towne and Country Centre (DR- 06 -01). On February 12, 2002, the Eagle City Council approved a preliminary plat extension time application for Eagle Towne and Country Centre (PP- 18 -00) for one year until March 13, 2003. On February 26, 2002, the Eagle City Council approved a design review extension of time application for Eagle Towne and Country Centre including the building design for WinCo Foods (DR -6 -01) for one year until April 24, 2003. On February 25, 2003, the Eagle City Council approved a final plat for YES Subdivision (Eagle Towne and Country) (FP- 01 -02). On September 9, 2003, the Eagle City Council approved a design review application for a master sign plan (DR- 34 -03). D. COMPANION APPLICATIONS: DR -50 -15 (design review application for the building). E. ZONING DESIGNATION: C -3 (Highway Business District) Page 1 of 6 KAPlanning Depff4e ApplicationADA2015 DR -51 -15 Petco signage drt:doc F. SIGNAGE: Ruildinu Wall Sion knuth elevation) Sign Data Proposed Required Wall Sign Dimensions 5' 10 1/8" high x 26' 7" wide (Name and Logo) 4' 6 1/4" high x 7' 10 '/4" wide Text N/A Area of Si na a 190-square feet I 299-square feet maximum Illumination Halo- illuminated, internally- illuminated, and non - illuminated Interior - illumination prohibited G. SIGN MATERIALS: Petco — Aluminum returns and faces, painted red. Halo illuminated with white LED. Logo — Aluminum returns painted red and blue to correspond with color used on face of logo. Clear acrylic faces with red and blue vinyl applied to the acrylic faces. Internally illuminated with LED. Grooming, Adoptions, Dog Training, and Wellness Center — Aluminum painted red 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. • Eagle City Code Section 8- 2A- 6(A)(4)(e) The size, location, design, color, texture, lighting, landscaping, and hours of operations of all Page 2 of 6 K:\Plenning Dept\Eagle Applications\Dr\201 MDR -51 -15 Petco signage drf.doc 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(B) ILLUMINATION, INTERNAL: Illumination of a sign from any light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface, except for illumination, punch through letter signs. This includes characters, letters, figures, designs or outline which is illuminated by gas filled luminous tubes, such as neon, argon or fluorescent. • 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, LED 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. MASTER SIGN PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Three shopping center monument signs will be permitted with one located on each street frontage for anchor tenant and center identification. Those shopping center monument signs are permitted to be 15' in overall height measured from the centerline of the adjacent roadway with a maximum of 100 square feet in copy area. Other than the tenant panel identifyin.g Eagle Promenade, all tenant panels are to have a consistent cream colored background. Individual tenant logos and colors are permitted to be installed on the cream colored background. o`. • Walls signs are permitted to be individual reverse pan channel letters with halo illumination or open pan channel letters with exposed neon. Non - illuminated letters of individual design are permitted in addition to the channel letters subject to landlord and City approval. All signs shall be earth tones. D. DISCUSSION: • The applicant is requesting design review approval to install building wall signage and a tenant panel on existing monument signs for Petco. The building wall sign "Petco" and logo are proposed to be located on the south building elevation and are proposed to be halo illuminated and Page 3 of 6 K:\Planning Dept\Eagle Applications\DA201 ADR -51 -15 Petro signage drf.doc internally illuminated respectively. Pursuant to Eagle City Code, all types of internal illumination are prohibited. The applicant should be required to provide revised elevation plans showing the "Petco" and logo building wall signs meeting the sign illumination permitted within Eagle City Code Section 8- 2A- 8(C)(13). The revised elevation plans should be reviewed and approved by the Design Review Board prior to the issuance of a sign permit. The "grooming, adoptions, dog training, wellness center" signage is proposed to be located on the south building elevation. The letters are proposed to be 1/4 -inch think aluminum painted red and are proposed to be illuminated externally by gooseneck light fixtures. The size of the signage proposed on the south building elevation does not exceed that which is permitted within Eagle City Code. Sheet 5 of 6, date stamped by the City on December 1, 2015, shows the background color of the tenant panel proposed to be located on the three (3) shopping center monument signs to be white. Pursuant to the Master Sign Plan for Eagle Promenade, all tenant panels are to have a consistent cream colored background. Individual tenant logos and colors are permitted to be installed on the cream colored background. The applicant should be required to provide revised elevation plans showing the background color of the tenant panel proposed to be located on the three (3) shopping center monument signs to be cream to match the other tenant panels on the monument signs. The revised elevation plans should be reviewed and approved by staff prior to the issuance of sign permit. 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. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on December 10, 2015, 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 (Brasher absent) to approve DR -51 -15 for a design review application to construct building wall signage for Petco for Eagle Development Associates, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide revised elevation plans showing the "Petco" and logo building wall signs meeting the sign illumination permitted within Eagle City Code Section 8- 2A- 8(C)(13). The revised elevation plans shall be reviewed and approved by staff prior to the issuance of a sign permit. 2. Provide revised elevation plans showing the background color of the tenant panel proposed to be located on the three (3) shopping center monument signs to be cream to match the other tenant panels on the monument signs. The revised elevation plans shall be reviewed and approved by staff prior to Page 4 of 6 KAPlanning Dept\Eagle ApplicationADA201 MR -51 -15 Petco signage drf doc the issuance of sign permit. 3. Interior illumination is not permitted. 4. A sign permit is required prior to the installation of any signs on this site. 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 permittzoning 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 application for this item was received by the City of Eagle on October 28, 2015. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR- 51 -15) 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. Page 5 of 6 KAPlanning DepAEegle ApplicadonADA201MDR -51 -15 P- signage dr£doc DATED this 1411' day of January 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho O ert b, Chairman % f ••• '� •�•�QpRAT�! O dop = : ? : U ..• a.z-rES-r: .•••:.•mss,,; Sharon K. Bergmann, Eagle Ci Clerk Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 6 of 6 KAPlanning Dept\Eagle App1ications\Dr\2015\DR -51 -15 Pam signage drfdoc