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
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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)
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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
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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.
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.
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.
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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
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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.
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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.
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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
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