Findings - DR - 2004 - DR-49-04 - Modify Existing Pizza Hut Monument Sign To Include A Money Tree Sign/396 S. Eagle Rd
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW FOR A MODIFICATION TO
THE EXISTING PIZZA HUT MONUMENT SIGN
TO INCLUDE A SIGN FOR MONEY TREE
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-49-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 10, 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:
Money Tree, represented by Russ Doughty with Lytle Signs, is requesting design review approval
to modify the existing Pizza Hut monument sign to include a Money Tree sign. The site is located
on the northeast comer of State Highway 44 and Eagle Road within Eagle Pavilion Shopping
Center at 396 South Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 5, 2004.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 5, 1999, the Eagle City Council approved a design review application for a non-
illuminated building wall sign for Pizza Hut (DR-25-99).
On February 8, 2000, the Eagle City Council approved a design review application to modify the
existing building wall sign to an internally illuminated sign, to construct a second internally
illuminated building wall sign, and to construct a monument sign for Pizza Hut (DR-25-99 MOD).
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: CBD-DA (Central Business District with development agreement)
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F. SIGNAGE:
onument 11m
Sign Data Proposed Required
Sign Dimensions 8' 6" high x 10' wide 8' high (maximum for a single tenant
monument sign)
15' high (maximum for a shopping center
sign)
Area of Signage 60-square feet (appmximately) 50-square feet (maximum for a single
tenant monument sign)
1O0-square feet (maximum for a shopping
center sie:n)
Illumination Two (2) existing ground mounted Interior-illumination prohibited
light fixtures
Sign Landscaping 136-sQuare feet (approximatelv) I80-square feet (minimum)
M
S'
G. SIGN MATERIALS:
Existing columns = Steel tube, primed and painted dark beige textured finish. Caps and decorative
cladding are fabricated from sheet metal, primed and painted light beige textured finish. The same
materials, colors, and textures are to be used in the modified monument sign.
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
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.
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)(l)
.
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(C)(5)(c)
.
Monument signs located within the entire design review overlay district, excluding monument
signs within the DDA, TDA, and "shopping centers" shall not exceed eight feet (8') in height
(including the solid base) measured from the centerline of the adjacent roadway or top of curb,
if one exists.
.
Eagle City Code Section 8-2A-8(C)(5)(d)
A freestanding single tenant building, not in a shopping center, shall be permitted to construct,
erect and maintain one monument sign per street that it abuts to identify the business to which
it pertains. The exposed surface of any such sign shall not exceed fifty (50) square feet per
exposed surface except that the exposed surface of any such sign within forty feet (40') of a
building shall not exceed six feet (6') in height and thirty (30) square feet per exposed surface.
A double faced monument sign is permitted.
The minimum distance between any monument sign for an individual business, not in a
shopping center, shall be one hundred feet (100'). No monument sign shall be any closer than
twenty feet (20') from a monument or other freestanding sign on an adjacent property.
Eagle City Code Section 8-2A-8(C)(5)(e)
.
A "shopping center", as defined in section 8-1-2 of this title shall be allowed one monument
sign per street that it abuts, to identify the shopping center. If the shopping center has a single
address, the address shall be located on the monument sign and shall be a size that is readable
from the street. The height of any such sign, including the base to which it is attached, shall
not exceed fifteen feet (15'). The surface area of any such sign shall not exceed one hundred
(100) square feet per exposed surface, including any reader board sign or surface.
Any freestanding single tenant building within a shopping center shall be permitted a
monument sign. The height of any such sign, including the base to which it is attached, shall
not exceed six feet (6'). The exposed surface of any such sign shall not exceed thirty (30)
square feet per exposed surface.
A double faced monument sign is permitted.
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.
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Eagle City Code Section 8-2A-8(F)
Landscaping: Landscaping shall be provided at the base of all directional signs and monument
signs. The amount required shall be three (3) times the size of the largest exposed surface.
Eagle City Code Section 8-2A-8(K)(I)
.
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 modify the existing Pizza Hut restaurant monument sign which
currently exists near the southwest corner of the Money Tree facility. The Pizza Hut sign panel
will be raised four feet (4') and the Money Tree panel will be located under the Pizza Hut sign.
The existing columns will be extended to accommodate the additional height of the sign.
The applicant has provide a site plan representing planting to be installed around the base of the
monument sign, as well as a plant list indicating the plant species to be planted around the base of
the monument sign. The site plan does not indicate what each plant is to be nor does the plant list
describe the size of plants to be planted. The applicant should be required to provide a revised
landscape plan showing the specific location, plant species and size that the plants are to be
planted around the base of the sign. The revised landscape plan should be reviewed and approved
by staff and one member of the Design Review Board prior to the City issuing a zoning certificate
for this site.
.
Per the applicants landscape plan date stamped by the City on May 5, 2004, one hundred and
thirty six (136) square feet of landscape area is proposed around the base of the monument sign.
Per Eagle City Code, the amount of landscaping required around the base of a monument sign is to
be three (3) times the size of the largest exposed surface. The applicant should be required to
provide a revised landscape plan showing a minimttm of one hundred and eighty (180) square feet
of landscaping around the base of the monument sign. The revised landscape plan should be
reviewed and approved by staff and one member of the Design Review Board prior to the City
issuing a zoning certificate for this site.
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 June 10, 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).
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BOARD DECISION:
The Board voted 6 to 0 (Grubb absent) to approve DR-49-04 for a design review application to
modify the existing Pizza Hut monument sing to include a sign for Money Tree, with the following
staff recommended site specific conditions of approval and standard conditions of approval with
text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a revised landscape plan, desie:ned by a person knowlede:eable in the field of landscape design,
showing the specific location, plant species and size that the plants are to be planted around the base of
the sign. The plant material shall vary in color, texture, and heie:ht. The revised landscape plan shall
be reviewed and approved by staff and one member of the Design Review Board prior to the City
issuing a zoning certificate for this site.
2. Provide a revised landscape plan showing a minimum of one hundred and eighty (1S0) square feet of
landscaping around the base of the monument sign. The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to the City issuing a zoning
certificate for this site.
3. The floodlights used 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.
4. Interior illumination is not permitted for monument signs.
5. A sign permit is required prior to the modification to this monument sign.
6. The landscapine: proposed around the base of the monument sie:n shall be installed no later than one
(I) month after the completion of the sign.
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.
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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 May 5, 2004.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-49-04) 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.
3. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3
for the CBD-DA (Central Business District with development agreement) zoning district.
DATED this 24th day of June 2004.
ATTEST:
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Shar~n K. Bergmann, Eagle Ci y Clerk
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