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Findings - DR - 2005 - DR-01-05 - Construct A Monument Sign For Zen Bento/342 E State Street BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICA nON FOR A DESIGN REVIEW FOR A MONUMENT SIGN FOR ZEN BENTO ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-OI-OS The above-entitled design review application came before the Eagle Design Review Board for their action on February 10, 2005. 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: ZB, Inc., represented by Rene Iwamasa, is requesting design review approval to construct a monument sign for Zen Bento. The site is located approximately 1O0-feet east of 2nd Street on the north side of East State Street at 342 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 5, 2005. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 26, 2002, the Eagle City Council approved a monument sign for the Lettuce Leaf for this site. D. COMPANION APPLICATIONS: N/A E. ZONING DESIGNATION: CBD (Central Business District); Transitional Development Area (TDA) Overlay District. F. SIGNAGE: Monument Si Si n Data Pro osed Re uired Sign Dimensions 6' high x 4.5' wide si na e board - 3.5' wide x 2.5' hi h 6' high (maximum) Area of Signage 8.75 square feet per side 30-square feet (maximum - when such sign is located within 40-feet of a buildin ) Interior-illumination rohibited Illumination Two existin 11 watt landsca e Ii hts 1O0-s uare feet (ap roximately) 27.25-s uare feet (minimum) Page 1 of 4 K:\Planning DeptlEagle Applications\Dr\2005\DR-Ol-O5 sign drf.uoc G. SIGN MATERIALS: All wood construction with wood shake roof. 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 sign age 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: . . 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". . Section 8-2A-8 (C)(5)(b) Monument signs located within the TDA shall not exceed six feet (6') in height (including the solid base) measured from the centerline of the adjacent roadway or top of curb, if one exists. C. DISCUSSION: None ST AFF 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 was held on the application before the Design Review Board on February 10, 2005, 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. BOARD DECISION: The Board voted 6 to 0 (Barnes absent) to approve DR-OI-05 for a design review application for a monument sign for Zen Bento for ZB, Inc. with the following site specific conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The floodlights u~ed 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 concealed or screened with perimeter landscaping providing a 12 month screen of sufficient height and density to conceal such fixtures. Page 2 of 4 K:\Plamting DtptlEagle Applications\Dr\2005\DR-OI-O5 sign dn.uoc 2. Provide cut sheet specifications for the reflectors and shields to be used to direct and shield the flood lighting prior to the issuance of a sign permit. 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 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 January 5, 2005. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-02-04) 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. The Board further concludes that the proposed monument sign complies with the design and architectural requirements of the Eagle Architecture and Site Design Book (EASD). Page 3 of 4 K:\Plaruting DeptlEagle Applications\Dr\2005\DR-OI-O5 sign dn.doc DATED this 24th day of February 2005. DESIGN REVIEW BOARD OF THE CITY OF EAGLE p~ Eric R. McCullough, an ATTEST: ",U""'", "" OLB "'" ...." -<". t'- "'" ," L". v......... ....', '",.. ,..r-:.~".. $ 0 ... ~ i' ..: ..ø ~ : :...: Q.° -;:.'. 0 ~ :f-<:t::.o i -'!.~~ : -. c' '. : : U ~ CO : - . - - ';. .0 : ~ -.. ".. >4- >"" " '.: "'" " ( . . . I,........., Page 4 of 4 K:\Plalllling DeptlEagle Applications\Dr\2005\DR-OI-O5 sign urfuoc