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Findings - DR - 2004 - DR-10-04 - Modify 2 Monument Signs And Replace Existing Buildling Wall Sign BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO MODIFY TWO MONUMENT SIGNS AND A BUILDING WALL SIGN FOR JACKSON'S CONVENIENCE STORE ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-IO-O4 The above-entitled design review application came before the Eagle Design Review Board for their action on March 11, 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: Jackson's Food Store, represented by Roger Huber with Young Electric Sign Company, is requesting design review approval to modify two (2) monument signs and replacing the existing building wall sign. The site is located on the northwest comer of West State Street and Eagle Road at 30 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 4, 2004. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 9, 1999, the Eagle Design Review Board recommended approval, with conditions, of DR-43-99 (two monument signs for Jackson's Food Store). However the applicant withdrew this application on January 11,2000, before it was acted upon by the Eagle City Council. On April 11, 2000, the Eagle City Council approved a design review sign application for two monument signs for Jackson's Food Store (DR-09-00). D. COMPANION APPLICATIONS: None E ZONING DESIGNATION: CBD (Central Business District) F. SIGNAGE: Si n Data Wall Si n Dimensions Re uired Area of Si na e Illumination 5' hi h x 5' wide 25-s uare feet N/A Internall illuminated 53-s uare feet (maximum) Interior-illumination rohibited Page 1 of 5 K:\P1mming DeptlEagle ApplicationslDrl2004\DR-IO-04 sign drf.doc Si n Data Re uired Si n Dimensions Area of Si na e 5' II" hi h x 7' 5" wide 6' hi h (maximum) 30-s uare feet (maximum) Illumination Ground mounted Ii ht fixtures Interior-illumination rohibited 140-s uare feet (minimum) G. SIGN MATERIALS: Building Wall Sign - Pie x face with Red and Grey vinyl Monument Signs - Cultured Stone River Rock (existing) Aluminum panel with Grey background, with Red, Shell Yellow, and White Yellow rectangles to go behind change letters 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: . . 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. Page 2 of 5 K:\P1mming DeptlEagle ApplicationslDrl2004\DR-IQ..04 sign drf.do<: . 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(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. C. DISCUSSION: . The applicant is proposing to remove the existing "Jackson's Texaco" building wall sign and replace it with a "Jackson's" building wall sign. The size of the sign will remain the same, only the colors and wording are proposed to change. The size of this sign complies with Eagle City Code. . The applicant is proposing to reface the two monument signs, one monument sign is located on West State Street and the other monument sign is located on Eagle Road. The "Texaco" symbol is proposed to be removed and replaced with the "Shell" symbol on a white background, the "Jackson's Food Stores" is proposed to be removed and replaced with "Jackson's", and the black behind the fuel prices is to be replaced with yellow vinyl rectangles. The applicant should be required to provide revised elevation plans showing the background color of the entire monument signs to be grey with the yellow and red Shell symbol; the red, white, and grey "Jackson's" wording; and the fuel prices all to be applied to the grey background. The revised elevation plans should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. The applicant has indicated on the elevation plan date stamped by the City on March 1, 2004, that the building wall sign is to be internally illuminated. Per Eagle City Code, internally illuminated signs are not permitted. The applicant should be required to provide a revised elevation plan indicating that the building wall sign is not internally illuminated. The revised elevation plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. . 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 March 11, 2004, 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 3 to 0 (Bowen, Christensen, Floegel, and McCullough absent) to approve DR-lO- 04 for a design review application to modify two monument signs and a building wall sign for the Jackson's Convenience Store, with the following staff recommended site specific conditions of Page 3 of 5 K:\Plamring DeptlEagle ApplicationslDr\2004\DR-1Q-04 sign Wf.do<: approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROV AL: 1. Provide revised elevation plans showing the background color of the entire monument signs to be grey with the yellow and red "Shell" symbol; the red, white, and grey "Jackson's" wording; and the fuel prices all to be applied to the grey background. The revised elevation plans shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 2. Interior illumination is not permitted for the monument signs or the building wall sign. Provide a revised elevation plan indicating that the building wall sign is not internally illuminated. The revised elevation plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 3. A sign permit is required prior to the installation of any signs on this site. STANDARD CONDITIONS OF APPROV AL: 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 February 4, 2004. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-1O-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. Page 4 of 5 K:\P1mming DeptlEagle ApplicationslDr\2004\DR-W-04 sign drf.doc DATED this 25th day of March 2004. DESIGN REVIEW BOARD OF THE CITY OF EAGLE 3;¡~ Eric R. McCullough, Chairman ATTEST: JD- rA~. _\~~ Sharon K. Moore, Eagle City Cler "~"~I ,.~, II"..... ", ~ of E-1 '" ,"......<;.. .....A. G, '" " ..:-- ... -', -.{> ## ~v..".'<"'<',!""- ~. ". ~ ~ :( t, : . . . .. :*::*: : . : .. . -. . .. \ .~. .,B ~ -:... ~.;, " ' ~O ,~ ".. "'l-' .' ';.'", "'"Ij',."""'" '" . ~ l' .' ..' .",......." Page 5 of 5 K:\Plamring DeptlEagle ApplicationslDrl2004\DR-lo-04 sign drf.doc