Findings - DR - 2004 - DR-02-04 - Construct A Building Wall Sign/362 S Eagle Road
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR A BUILDING WALL
SIGN FOR MONGOLIAN OF EAGLE
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-O2-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 12, 2004. 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:
Mongolian of Eagle, represented by Neil Caldwell with Idaho Electric Signs Inc., is requesting
design review approval to construct a building wall sign for the Mongolian of Eagle restaurant.
The site is located north of State Highway 44 and east of South Eagle Road within the Eagle
Pavilion Shopping Center at 362 South Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 7, 2004.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 12, 1999, the Eagle City Council approved the master sign plan for Eagle Pavilion
Shopping Center (DR-43-98).
On October 14, 2003, the Eagle City Council approved a modification to the master sign plan for
Eagle Pavilion Shopping Center (DR-43-98 MOD2)
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: CBD-DA (Central Business District with development agreement)
F. SIGNAGE:
Si n Data
Pro osed
Re uired
Wall Si n Dimensions
2' 6" hi h x 13' wide
N/A
Illumination
"Mongolian" - exposed neon-60 milli amps
"of Ea Ie" - non illuminated
27-s uare feet (maximum)
430-milli amps (maximum)
Area of Si na e
24-s uare feet
G. SIGN MATERIALS:
Mongolian - Pre-finished aluminum with black returns
H. AGENCY RESPONSES: None
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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:
.
.
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.
.
Eagle City Code Section 8-2A-6(A)(4)(c)
Signs are to provide effective and necessary business identification systems adapted to the
building design.
.
Eagle City Code Section 8-2A-6(A)(4)(e)
The size, location, design, color, texture, lighting, landscaping, and hours of operations of all
permanent signs and outdoor advertising structures or features to insure that any such
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(C)(1)
Sign materials and overall appearance shall compliment the building architecture and colors as
determined by the Design Review Board.
.
Eagle City Code Section 8-2A-8(E)
The design review board must find that any illuminated sign permitted under the specific
regulations within this chapter 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. 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.
.
Eagle City Code 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
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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.
C. DISCUSSION:
.
The proposed building wall sign complies with the "Master Sign Plan Eagle Pavilion" stamped
"ORIGINAL" and received and dated by the City of Eagle on September 4, 2003.
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 was held on the application before the Design Review Board on February 12, 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 6 to 0 (Grubb absent) to approve DR-02-04 for a design review application for a
building wall sign for Mongolian of Eagle, with the following staff recommended site specific
conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROV AL:
1. Comply with all applicable conditions of the master sign plan for the Eagle Pavilion Shopping Center
(DR-43-98 MOD2).
2. Remove the banner sign located on the front of the building upon installation of the new sign.
3. A sign permit is required prior to the installation of this tenant sign.
ST ANDARD 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.
40 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
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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 7,2004.
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.
DATED this 26th day of February 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
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Eric R. McCullough, hairman
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Sharon K. Moore, Eagle City Clerk
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