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Findings - DR - 2003 - DR-23-03 - Construct 3-Building Wall Signs/2 Directional Signs/2 Menu Board Signs/Wendy's BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR BUILDING WALL SIGNAGE, DIRECTIONAL SIGNS, AND MENU BOARD SIGNS FOR WENDY'S RESTAURANT FOR WENCO ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-23-03 The above-entitled design review application came before the Eagle Design Review Board for their action on June 12, 2003. 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: Wenco, represented by Ron Harrold with King Electric Signs, is requesting design review approval to construct three building wall signs, two directional signs, and two menu board signs for Wendy's restaurant. The site is located on the southeast comer of East Eagle River Street and Eagle Road within Eagle River Development at 65 East Eagle River Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 30, 2003. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 28, 2003, the Eagle City Council approved a design review application for the Wendy's restaurant with drive thru (DR-05-03). On April 22, 2003, the Eagle City Council approved a conditional use permit for the drive thru lane at the Wendy's restaurant (CU-Ol-03). D. COMPANION APPLICATIONS: None E. ZONING DESIGNATION: C-3-DA (Highway Business District with Development Agreement). F. SIGNAGE: Sign Data Proposed Required Wall Sign Dimensions 3' high x 6' 6" wide N/A Area of Signage 19.5-square feet (approximately) 23-square feet (maximum) Illumination Open face pan channel letters 430-milli amps (maximum) with exposed neon 60-milli amps Building Wall Sign (west elevation) Page 1 of 8 K:\Planning Dept\Eagle Applications\Dr\2003\DR-23-03 sign drf.doc Sign Data Proposed Required Wall Sign Dimensions 3' high x 6' 6" wide Not permitted on this elevation Area of Sign age 19.5-square feet (approximately) Not permitted on this elevation Illumination Open face pan channel letters Not permitted on this elevation with exposed neon 60-milli amps Building Wall Sign (south elevation) Sign Data Proposed Required Wall Sign Dimensions 3' high x 6' 6" wide N/A Area of Sign age 19.5-square feet (approximately) 47-square feet (maximum) Illumination Open face pan channel letters 430-milli amps (maximum) with exposed neon 60-milli amps Building Wall Sign (north elevation) Sign Data Proposed Required Sign Dimensions 4' high x 2' 2" wide To be determined by the Design Review Board Area of Signage 4.3-square feet (approximately) To be determined by the Design Review Board Illumination Non illuminated Interior-illumination prohibited Sign Landscaping 50-square feet (approximately) 13-square feet (minimum) Directional Monument Signs (2 total) Sign Data Proposed Required Sign Dimensions S' 9" high x 8' lO" wide To be determined by the Design Review Board Area of Signage 42-square feet (approximately) To be determined by the Design Review Board Illumination 800 milli amps 430 milli amps (maximum) Sign Landscaping 130-square feet (approximately) 126-square feet (minimum) Main Menu Board Sign Page 2 of 8 K:\Planning DeptlEagle Applications\Dr\2003\DR-23-03 sign drf.doc Pre Sell Menu Board Sign Sign Data Proposed Required Sign Dimensions 6' l" high x 2' wide To be determined by the Design Review Board Area of Signage 12-square feet (approx.) To be determined by the Design Review Board Illumination Non illuminated Interior-illumination prohibited Sign Landscaping SO-square feet (approximately) 36-square feet (minimum) G. AGENCY RESPONSES: None H. LETTERS FROM THE PUBLIC: None received to date STAFF ANALYSIS PROVIDED WITmN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The general theme of the Design Review Overlay District is to encourage the use of American Northwest and 1870 through 1930 architectural styles and the use of those materials, graphics and architectural designs set forth in the DR chapter. Signage for any project shall provide for business identification and minimize clutter and confusion on and off the site. Signs are to provide effective and necessary business identification systems adapted to the building design. . . 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. . Section 8-2A-8(C)(S) Sign materials and overall appearance shall compliment the building architecture and colors as determined by the Design Review Board. . Section 8-2A-8(C)(8) Each business within a single building shall be allowed one wall sign for every street it fronts and the entire building shall be permitted one monument sign for every street it fronts. The sides of the building on which the signs are to be placed shall be shown by the owner, but shall be as approved by the design review board. Page 3 of 8 K:IPlanning Dept\Eagle ApplicationsIDr\2003\DR-23-03 sign drf.doc . Section 8-2A-8(D)(3) Directional signs within the boundaries of a shopping center are permitted only with the approval of the design review board. . Section 8-2A-8(E) Sign Illumination: l. The design review board must find that any internally illuminated sign which may be permitted under the specific regulations within this chapter shall be designed such that brightness levels shall be controlled to assure a soft subtle effective light in accordance with other city regulations intended to create and maintain the American northwest 1870s' to 1930s' architectural appeal. A maximum of 430 milliamps may be permitted for any internally illuminated sign subject to design review board approval. C. EAGLE RIVER DEVELOPMENT MASTER SIGN PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The sign area of any building wall sign shall be limited to 5% for internally illuminated signs and 10% for non-illuminated signs. All sin~1e tenant buildin~s will be permitted two wall si~s (maximum). Multi-tenant buildings are allowed wall signs for two elevations per tenant maximum. In cases where multi-tenant buildings have entrances on all sides, one sign will be allowed over each entrance. D. DISCUSSION: . The applicant is proposing to construct three (3) internally illuminated building wall signs for the Wendy's restaurant; one each on the north, south, and west building elevations. Per Eagle City Code, a single tenant building is allowed one wall sign for every street it fronts (in this case, Eagle Road and Eagle River Street). In addition, the master sign plan for Eagle River Development permits single tenant buildings to have a maximum of two wall signs. The building should be limited to a maximum of two building wall signs with the side of the building on which the signs are to be placed chosen by the owner but should be reviewed and approved by the Design Review Board. On October 27, 1997, the City of Eagle approved an administrative interpretation on Fast-food Menu Boards (AI-1-97). Pursuant to this administrative interpretation the fast-food menu boards are permitted with the following conditions: . 1. Comply with the general theme of the Design Review Overlay District, which is to encourage the use of American Northwest and 1870 through 1930 architectural styles and the use of those materials, graphics and architectural designs set forth in the DR chapter. 2. Comply with Eagle City Code Section 8-2A-8(C)(S), which states, "Sign materials and overall appearance shall compliment with the building architecture and colors as determined by the Design Review Board." 3. Maximum height and size shall be determined by the Design Review Board on a case by case basis. 4. "Fast-Food Menu Boards" shall be content neutral and shall not advertise the business. 5. Internally illuminated "Fast-Food Menu Boards" are prohibited unless the illuminated sign face is screened from view from a public sidewalk, public or private street, existing residence, or existing residentially zoned property. Page 4 of 8 K\Planning DeptlEagle Applications\Dr\2003\DR-23-03 sign drf.doc 6. Externally illuminated or non illuminated "Fast-Food Menu Boards" shall be located so the sign is not legible to a person of average eyesight standing on any public sidewalk, public or private street, property line of an existing residence, or property line of an existing residentially zoned property. 7. No sign shall block sight visibility for any vehicle. 8. Any Design Review Board decision on "Fast -Food Menu Boards" may be appealed to the City Council under the criteria for a design review appeal as provided for in Eagle City Code. The applicant is proposing to construct a 6'.1 7/8" high non-internally illuminated "Pre Sell Menu Board", and a 5'-9" internally illuminated "Menu Board". The administrative interpretation for fast food menu boards does not allow menu boards to advertise the business and requires the menu boards to be content neutral. Both the Pre Sell Menu Board and the Menu Board advertise the restaurant name on the face of the menu board. The applicant should be required to provide revised elevation plans ofthe "Pre Sell Menu Board" and the "Menu Board", showing the signs are content neutral without the name of the restaurant on the signs. The revised elevation plans should be reviewed and approved by staff prior to the City accepting a sign permit for this site. Pursuant to the administrative interpretation for fast food menu boards, both the "Pre Sell Menu Board" and the "Menu Board" are required to be screened from view from a public sidewalk and/or public street. The true angle of the "Pre Sell Menu Board" and the "Menu Board" are not depicted on the site plan date stamped by the City on April 30, 2003, or the landscape plan date stamped by the City on May 21,2003. Since the menu board signs will not be installed parallel to the drive thru lane but angled slightly for easier reading for patrons placing orders, the applicant should be required to provide a revised site and landscape plan indicating the angle of both the "Pre Sell Menu Board" and the "Menu Board". The revised site and landscape plans should show that the menu boards are not visible from the public sidewalk and/or public street. The revised site and landscape plans should be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a sign permit for this site. . Staff defers comment regarding design and color of all proposed signs to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITmN THE STAFF 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 was held on the application before the Design Review Board on June l2, 2003, 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 4 to 0 (Bowne and Floegel absent) to approve DR-23-03 for a design review application for two building wall signs, two directional signs, and two menu board signs for Wendy's Restaurant with the following staff recommended site specific conditions of approval Page 5 of 8 K:\Planning DeptlEagle Applications\Dr\2003\DR-23-03 sign drf.doc 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. The building shall be limited to a maximum of two building wall signs. The side of the building on which the signs are to be placed shall be shown by the owner but shall be reviewed and approved by staff prior to the City acceptin~ a si~ permit for this site the DesigR Review Beard. 2. Provide a revised elevation plan of the "Menu Board" showing the internal illumination does not exceed 430-milliamps. The revised elevation plan shall be reviewed and approved by staff prior to the City accepting a sign permit for this site. 3. Provide revised elevation plans of the "Pre Sell Menu Board" and the "Menu Board" showing that the signs are content neutral and with the name of the restaurant on the signs removed. The revised elevation plans shall be reviewed and approved by staff prior to the City accepting a sign permit for this site. 4. Provide a revised site and landscape plan indicating the angle of both the "Pre Sell Menu Board" and the "Menu Board" in relation to the drive thru lane. The revised site and landscape plans shall show that the menu boards are not visible from the public sidewalk and/or public street. The revised site and landscape plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a sign permit for this site. 5. Provide a revised elevation plan of the "Pre Sell Menu Board" showing the complete elevation of the sign including the base of the sign. The revised elevation plan shall be reviewed and approved by staff prior to the City accepting a sign permit for this site. 6. The name of the restaurant is not permitted on the speaker pedestal ef--the-two (2) directional sigRs. Provide .íLrevised elevation plans of the speaker pedestal and the hvø (2) directional signs showing that the signs iLæ=e content neutral with the name of the restaurant on the signs removed. The revised elevation plans shall be reviewed and approved by staff prior to the City accepting a sign permit for this site. 7. Provide revised elevation plans of the "Pre Sell Menu Board", "Menu Board", and the two (2) directional signs showing the base of the signs to be constructed of a material and/or color which complements the building (i.e.: cultured stone, brick, stucco. or CMU). The revised elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a sign permit for this site. 8. Provide a revised site and landscape plan showing the location of the two (2) directional signs. The revised site and landscape plan shall be reviewed and approved by staff prior to the City accepting a sign permit for this site. 9. A sign permit is required prior to and sign being constructed on this site. 10. Provide revised site and landscape plans indicatin~ the exact orientation of the "Pre Sell Menu Board". the "Menu Board". and "Drive thru" directional si~ in relation to the drive thru lane. The revised plans shall be reviewed and a¡¡proved by staff and one member of the Desi~ Review Board prior to the City acceptin~ a si~ permit for this site. 11. The "Wendy's" lo~o on the directional si~s is permitted to be included on the si¡ns in a color which is complementary to the new base material and color. The lo~o. base material. and color shall be reviewed and approved by staff and one member of the Desi~ Review Board prior to the City acce¡¡tin~ a si¡n permit for this site. Page 6 of 8 K:\Planning DeptlEagle Applications\Dr\2003\DR-23-O3 sign drf.doc 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 Design Review Board 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 Commission and/or 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/or the Planning and Zoning Commission 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 waiverlvariance 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 April 30, 2003. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-23-03) 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 7 of 8 K:\Planning Dept\Eagle Applications\Dr\2003\DR-23-O3 sign drf.doc DATED this 26th day of June 2003. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho ATTEST: ~11. ÚA-<... - '(-~ Sharon K. Moore, Eagle City C erk ,"""""""'#. ......' ~ BAG ~###. ...." .0.\. 0 ........{./;;' ~## ,:. ~ ." ..."" ,:. ...... ...ORAl'A.. .... .. r.. "'--~ v . ~ ~ : ""'. 0."'- . ~ .. .. . . .. : : ù .- -~ : : . - '--'~. : :-tc~ <'.\,1' ~:o: ~ ..~, ~ ' /:~..~."- S # .(>C",n"'~~ -~.,:. #", II. ,. 1',)": ,,- ,,'. .. " ")' -'" ,"',,' , .." 'I"~ <1]',.' C\' ......" 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