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Findings - CC - 2018 - DR-16-18 - Building Wall And Monument Signage For O'reilly Auto PartsBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR BUILDING WALL SIGNAGE AND MONUMENT SIGNAGE FOR O'RELLY AUTO PARTS FOR O'REILLY AUTO ENTERPRISES, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -16-18 The above -entitled design review application came before the Eagle City Council for their action on July 10, 2018. The Eagle 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: O'Reilly Auto Enterprises, LLC, represented by Tim Uhrik with TAIT, is requesting design review approval to construct three (3) halo illuminated building wall signs and a monument sign for O'Reilly Auto Parts. The 1.42 -acre site is located on the north side of West Chinden Boulevard Road approximately 1,060 -feet east of North Linder Road at 1200 West Chinden Boulevard within Eagle Island Marketplace (Lot 8, Block 1, Lazy P Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 22, 2018. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text amendment and annexation (once contiguous) and a rezone with development agreement for this site (CPA -5-08 & A-03-08 & RZ-08-08). On July 14, 2009, the Eagle City Council approved a design review application for the common area landscaping for Eagle Island Marketplace, including Fred Meyer and eight (8) multi -tenant retail/restaurant buildings within Lazy P Subdivision (aka Eagle Island Marketplace) (DR -13-09). On July 14, 2009, the Eagle City Council approved a design review application for the master sign plan for Eagle Island Marketplace (DR -14-09). On November 10, 2010, the Ada County Board of County Commissioners approved a comprehensive plan amendment, rezone with development agreement, master site plan and preliminary plat for Eagle Island Marketplace (CPA -05-08, A-03-08, and RZ-08-08). On November 23, 2010, the Eagle City Council approved Ordinance No. 652 for an annexation and rezone with development agreement of the property associated with Eagle Island Marketplace. Ordinance No. 652 also recognized the vested development rights associated with the approved Ada County preliminary plat application number 201000571-S. On February 8, 2011, the Eagle City Council approved a final plat application for the Lazy P Subdivision (FP -01-11). On April 5, 2012, Eagle City Staff approved a design review sign application to modify the master sign plan for Eagle Island Marketplace (DR -14-09 MOD). Page 1 of 8 K: t'lanning Dept\Eagle Applications1UA2i1 I xu )K- I6- i x O'Reillys Signage in FIMI' cc Ldoc.docx D. COMPREHENSIVE PLAN DESIGNATION: Mixed Use E. ZONING DESIGNATION: C -3 -DA (Highway Business District with development agreement) F. COMPANION APPLICATIONS: DR -15-18 (O'Reilly Auto Parts building) G. SIGNAGE: Building Wall Sign (West Elevation) Sign Data Proposed Required Wall Sign Dimensions 4' 2" high x 34' 1 3/4" wide N/A Area of Signage 142 -square feet 246 -square feet (maximum) Illumination Halo -illuminated Interior -illumination prohibited Materials 3" deep fabricated aluminum reverse pan Per Eagle City Code — shall be channel letters painted white, halo complementary to the building illuminated with white LED, pegged off the architecture and colors face of the building 1 1/2" Building Wall Sign (South Elevation) Sign Data Proposed Required Wall Sign Dimensions 4' 2" high x 34' 1 3/4" wide N/A Area of Signage 142 -square feet 294 -square feet (maximum) Illumination Halo -illuminated Interior -illumination prohibited Materials 3" deep fabricated aluminum reverse pan Per Eagle City Code — shall be channel letters painted white, halo complementary to the building illuminated with white LED, pegged off the architecture and colors face of the building 1 1/2" Building Wall Sign (North Elevation) Sign Data Proposed Required Wall Sign Dimensions 3' 7'/2" high x 19' 9'/z" wide N/A Area of Signage 72 -square feet 299 -square feet (maximum) Illumination Halo -illuminated Interior -illumination prohibited Materials 3" deep fabricated aluminum reverse pan Per Eagle City Code — shall be channel letters painted white, halo complementary to the building illuminated with white LED, pegged off the architecture and colors face of the building 1 '/z" Page 2 of 8 K:IPlanning I)eptlIiaglc Applications\DA2111811)R-16-18 O'Reilly's Signage in LIMP cct:doc.docx Monument Sign Sign Data Proposed Required* Sign Dimensions 6' high x 7' wide 6' high (maximum) Area of Signage 24 -square feet 30 -square feet (maximum) Illumination Ground mounted light fixtures Interior -illumination prohibited Sign Landscaping 400 -square feet (approximately) 72 -square feet (minimum) Materials Font, color, and logo of O'Reilly Auto As required within the master sign Parts on a white colored background panel plan `Note: Sign dimensions, area of signage, and colors approved within the Master Sign Plan (DR -14-09 MOD). 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: None. C. DISCUSSION: • The applicant is requesting design review approval to construct three (3) halo illuminated building wall signs and a monument sign for O'Reilly Auto Parts within Eagle Island Marketplace. The building wall signs are proposed to be located on the north, south, and west building elevations. The building wall signs are proposed to be constructed of three inch (3") deep fabricated aluminum reverse pan channel letters, painted white, pegged off the face of the building 1 1/2 -inches, and halo illuminated with white LED. The monument sign is proposed to be located within the landscape area located north of the sidewalk adjacent to Chinden Boulevard. The style, size, colors, etc. all comply with that which is required within the master sign plan for Eagle Island Marketplace (DR -14-09 MOD). The O'Reilly Auto Parts font, colors, and logo will be located on a white colored background. 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 April 26, 2018, May 10, 2018, and May 24, 2018. The Board continued the item to June 14, 2018, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). Page 3 of 8 K:U'lanning Di ptlEaglc Applications\Dr120181DR• 16-18 (YKciily's Signage in HMI' ccI doc.doxx BOARD DELIBERATION: (Granicus time 45:26) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is in favor of the proposed building wall signs and monument sign. BOARD DECISION: The Board voted 4 to 0 (Schafer, Baer, and Koci absent) to recommend approval of DR -16-18 for a design review application to construct three halo illuminated building wall signs and a monument sign for O'Reilly Auto Parts for O'Reilly Auto Enterprises, LLC, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated June 28, 2018. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on October 24, 2018, at which time the Council made their decision. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve DR -16-18 for a design review application to construct three halo illuminated building wall signs and a monument sign for O'Reilly Auto Parts for O'Reilly Auto Enterprises, LLC, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. A sign permit is required prior to the installation of any signs on this site. 2. The monument sign shall have a white colored background panel. The applicant may use their font, colors, and logo on the white background panel. 3. Upon completion of the building wall signs, the monument sign, the required landscaping, the applicant shall be required to request a site inspection to be completed by the Planning and Zoning Department. Upon verification that the building wall signs, monument sign, and landscaping have been completed in compliance with the approved plans, a certificate of completion will be issued. 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. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building Page 4 of 8 K:1Planning Ikptllagk ApplicationsMr120181DR-I6-18 O'Reilly's Signage in LIMP ect doc.dncx permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Page 5 of 8 K:II'lanning Ikptll?agk ApplicaiionssDr12t1181DR-16-18 ORcilly's Signage in EIMPccf.doc.docx The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. 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 Page 6 of 8 K:IPlanning beptAL'agle Applications1DA20181DR-16-18 OReilly's Signage in 1i1M1' ccf.doc.dncx approved by the City Council. 21. 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. 22. 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. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, 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 final approval for occupancy of this project. 24. 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. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR -16-18) 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. 2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13(B)(2)(i), and has concluded that the proposed design review: i. The building wall and monument signage will be required to be harmonious with the architectural design of the existing signs throughout the Eagle Island Marketplace and will not cover nor detract from desirable architectural features. Page 7 of 8 K:M anning. Deptlliaglc Applications1Dr12O181DR-16-18 O'Rcilly's Signage in EIMP cadoc.docx DATED this 10i1' day of July 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Q erk Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within fourteen (14) days of the final written decision. Page 8 of 8 A \I'lanning 1 kp111 agle AppI duon.0 h\'li IMDR. Ih 1) I IRcill, s tiignage in HMI' kcl do, dock