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Findings - DR - 2017 - DR-11-16 - Building Wall, Monument & Menu BoardBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR BUILDING ) WALL, MONUMENT, AND MENU ) BOARD FOR ARBY'S FOR UNITED ) STATES BEEF CORPORATION ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -11-16 The above -entitled design review application came before the Eagle Design Review Board for their action on March 23, 2017. 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: United States Beef Corporation, represented by Krysta Houtchens with EES, is requesting design review approval to construct three (3) halo illuminated building wall signs, a monument sign, and menu board signage for Arby's. The 0.64 -acre site is located near the northeast corner of East State Street and State Highway 55 at 2892 East State Street within Eagle Promenade Shopping Center (YES Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 16, 2017. Supplemental application documents were received March 14, 2017. 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 25, 2003, the Eagle City Council approved a final plat for YES Subdivision (formerly Eagle Towne and Country) (FP -01-02). On September 9, 2003, the Eagle City Council approved a design review application for the master sign plan for Eagle Towne and Country Centre Shopping Center (DR -34-03). On March 22, 2005, the Eagle City Council approved a design review application for the modification to the master sign plan for Eagle Promenade Shopping Center (formerly Eagle Towne and Country Centre Shopping Center) (DR -34-03 MOD). D. COMPREHENSIVE PLAN DESIGNATION: Commercial E. ZONING DESIGNATION: C-3 (Highway Business District) F. COMPANION APPLICATIONS: DR -10-17 (design review application for restaurant with drive - Page 1 of 8 K:'Planning Dept'Eagle Applications 1Dr12017\DR-11-17 Arby's signage drf doc through). G. SIGNAGE: Sign Data Wall Sign Dimensions Area of Signage Illumination Materials Sign Data Wall Sign Dimensions Area of Signage Illumination Materials Sign Data Wall Sign Dimensions Area of Signage Illumination Materials Sign Data Sign Dimensions Area of Signage Illumination Materials Building Wall Sign (south elevation) Proposed 6' high x 6.61' wide 36 -square feet (approximately) Halo illuminated with white LED Required N/A 60 -square feet (maximum) 1 Interior -illumination prohibited Aluminum painted red, pegged off the I N/A face of the building 3 -inches Building Wall Sign (west elevation) Proposed 2' 6" high x 7' wide 19 -square feet (approximately) Halo illuminated with white LED Required N/A 156 -square feet (maximum) Interior -illumination prohibited Aluminum painted white, pegged off the N/A face of the building 3 -inches Building Wall Sign (east elevation) Proposed 2' 6" high x 7' wide 19 -square feet (approximately) Halo illuminated with white LED Aluminum painted white, pegged off the face of the building 3 -inches Menu Order Board Sign Proposed 6' high x 7' 6" wide 34 -square feet (approximately) Automated sign Aluminum painted black Page 2 of 8 K:\Planning Dept\Eagle Applications\Dr120I7\DR-11-17 Arby's signage drf.doc Required N/A 156 -square feet (maximum) Interior -illumination prohibited N/A Required 7' high (maximum) 35 -square feet (maximum) Internal illumination permitted for menu board signs N/A Sign Data Sign Dimensions Area of Signage Illumination Sign Landscaping Materials Monument Sign Proposed 6' 5" high x 7' wide 46 -square feet (approximately) Ground mounted light fixtures 160 -square feet Painted acrylic faces Required* 6' high (maximum) 30 -square feet (maximum) Ground mounted light fixtures 90 -square feet (minimum) 6" x 6" wood beams, wood shakes on roof, sheet metal painted cream with tenant copy to be flat cut out andpegged from background *Note: The master sign plan provides specific monument sign locations, style, dimensions, and area of signage of monument signs proposed within Eagle Promenade Shopping Center (DR -34-03 MOD). I. AGENCY RESPONSES: None J. 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. a. The "overall sign concept" for multi -tenant business centers to assure that it addresses the continuity between tenant sign design and building design; b. The reduction of hazards to motorists, bicyclists and pedestrians as may be caused by or partially attributable to the distraction and obstruction of improperly located and designed signs; c. The provision for effective and necessary business identification systems adapted to the building design; d. The continued maintenance of signs throughout their life; and e. The size, location, design, color, texture, lighting, landscaping, and hours of operations of all permanent signs and outdoor advertising structures or features to ensure that any such Page 3 of 8 K:\Planning Dept\Eagle Applications\Dr\2017\DR-11-17 Arby's signage drf.doc 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) Definitions: 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. DIRECTIONAL SIGN (ON PREMISES): An on premises permanent directional sign which foremost contains words such as "Entrance", "Enter", "Exit", "In", "Out", or other similar words, or a sign containing arrows or characters indicating traffic directions and used either in conjunction with such words or separately. DRIVE-THROUGH/DRIVE-UP SERVICE MENU BOARD SIGN: A sign identifying products for sale and prices for those products. The menu board sign may include business identification. POLE SIGN: A freestanding sign that is supported by one or more poles that are not enclosed as in a monument sign structure. • Eagle City Code Section 8 -2A -8(C)(6) Drive-Through/Drive-Up Service Menu Board Signs: a. Shall not exceed seven feet (7') in height and the sign area shall not exceed thirty five (35) square feet. b. Internal illumination may be permitted 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. • 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). 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. Page 4 of 8 K:\Planning Dept\Eagle Applications \Dr\2017\DR-1 1-17 Arby's signage drf.doc 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, 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. • Eagle City Code Section 8-2A-8(C)(16)(b) Directional Signs (On Premises): Shall not exceed six (6) square feet in area. C. MASTER SIGN PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Each individual building and multi -tenant building proposed within this development shall be required to submit a design review sign application to be reviewed and approved by the Design Review Board. • The 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 screened with perimeter landscaping providing a 12 month screen of sufficient height and density to conceal such fixtures. The applicant shall be required to provide a revised landscape plan showing the ground Page 5 of 8 KAPlanning Dept\Eagle Applications\Dr\2017\DR-11-17 Arby's signage drfdoc mounted light fixtures are completely screened from view. The revised landscape plan shall be reviewed and approved by staff prior to the City accepting a sign permit for this site. • Each individual pad site will be permitted to have one freestanding monument style sign not to exceed 6' in overall height measured from the centerline of the adjacent roadway and a maximum of 30 square feet in copy area. The background color of all individual pad site monument signs shall be cream colored to match the shopping center monument signs. Individual tenant logos and colors are permitted to be installed on the cream colored background. D. DISCUSSION: • The applicant is proposing to construct a six-foot five -inch (6' 5") high by seven -foot (7') wide monument sign to be located within the internal landscape island located at the southern end of the double row of parking. Pursuant to the master sign plan for Eagle Promenade Shopping Center, there is specific criteria with regard to location, style, dimensions, and area of individual pad sit monument signs. The proposed monument sign is not permitted in the proposed location or as designed. The applicant should be required to provide revised site, landscape, and elevation plans showing the location and design of the tenant monument sign in compliance with the Eagle Promenade Shopping Center. The revised site, landscape, and elevation plans should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a sign permit. • The elevation plan of the menu board, date stamped by the city on March 14, 2017, indicates the sign is to be a digital menu board. Pursuant to Eagle City Code, menu board signs are permitted to be internally illuminated if the city determines the lighting is harmonious and appropriate in appearance with the general vicinity and is not disturbing to existing and future neighboring uses. Automated signs are permitted as part of a monument sign and are prohibited in all other types of signs. The automate sign proposed on the menu order board is prohibited per Eagle City Code. • 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 March 23, 2017, 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 (Baer and Germano absent) to approve DR -11-17 for a design review application to construct three (3) building wall signs, monument sign, and menu board signage for Arby's for United States Beef Corporation, 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. Provide revised site, landscape, and elevation plans showing the location and design of the tenant monument sign in compliance with the Eagle Promenade Shopping Center. The revised site, Page 6 of 8 KAPlanning Dept\Eagle Applications\Dr\2017\DR-I1-17 Arbys signage drfdoc landscape, and elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a sign permit. 2. The automated sign proposed on the menu order board is prohibited per Eagle City Code. 3. A sign permit is required prior to the installation of any signs on this site. 4. The monument sign identified as Sign A is not permitted. 5. Provide revised elevation plans showing all building wall signage and canopy lighting to be a maximum of 3000 Kelvin LED. The revised elevation plans shall be reviewed and approved bv staff and one member of the Design Review Board prior to the issuance of a sign permit. 6. Provide revised elevation plans showing the height indicator/menu speaker sign (Sign G) and menu board sign (Sign H) to be less obstructive. The applicant shall consider locating the height indicator at the entrance to the drive-through lane and creating a small menu speaker box near the menu board., The revised elevation plans and site plan (if applicable) shall be reviewed and approved bv staff and two members of the Design Review Board prior to the issuance of a sign permit. 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 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 February 16, 2017. 2. The Board reviewed the particular facts and circumstances of this proposed design review application Page 7 of 8 KAP1anning Dept\Eagle Applications \Dc\2017\DR-11-17 Arby's signage drf.doc (DR -11-17) 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 13th day of April 2017. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robert Grubb, Chai OF1 ATTEST: .•`,�`l G ' •. OV-? O R,q 1(` : V aron K. Bergmann, Eagle City Clerk • SEAL OFN Page 8 of 8 K\Planning Dept Applications \Dr\20171DR-11-17 Arby's signage drLdoc