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Findings - DR - 2006 - DR-26-06 - Special Portable Sign For The Black Pearl BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO PROVIDE ) A SPECIAL PORTABLE SIGN FOR THE ) BLACK PEARL FOR JAMIE HARNAGEL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-26-06 The above-entitled design review application came before the Eagle Design Review Board for their action on April 13, 2006. 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: The Black Pearl, represented by Jamie Hamagel, is requesting design review approval of a special portable sign for a retail business, The Black Pearl. The site is located on the east side of North 2nd Street approximately 1 25-feet north of East State Street at 52 North 2nd Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 9,2006. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 11,2004, the Eagle City Council approved the Master Sign Plan for two Multi-Tenant Retail/Office Buildings within the Old Towne Square (DR-29-04). On December 16, 2005, the Planning and Zoning Department approved, with a staff level application, a hanging wall sign for the Black Pearl at 52 2nd Street (DR-I02-05). D. COMPANION APPLICATIONS: NA E. ZONING DESIGNATION: Central Business District (CBD) F. SIGN AGE: Si n Data ecial Portable Si n Re uired Area of Si na e Illumination er side) 5' hi h (maximum) * I6-s uare feet * Illumination rohibited Si n Dimensions 36" hi h x 24" wide in ro osed Landsca in not re uired * Note: Maximum sign dimensions when sign is located along roadways wilh three (3) or less travel lanes with a speed limit of lwenly five miles per hour (25 mph) or less. G. SIGN MATERIALS: Sign - W' MDO Plywood Letters - Vinyl (green, yellow, purple, and black) Page 1 of 5 K:\PlunrUng Depl\Eag~ Applicatiolls\Dr\2006\DR-26-06 sign drf.uoc H. AGENCY RESPONSES: None 1. LETTERS FROM THE PUBLIC: None received to date STAFF ANALYSIS: 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)(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(D)(ltoll) Special Signs: Special portable signs, which are not classified as portable temporary signs as regulated within this title, which are used on an ongoing daily basis throughout the year may be permitted by the city if the following criteria is complied with: 1. Special portable signs shall require a design review application and design review board approval. 2. Special portable signs shall be unique in character with styles designed in accordance with Eagle architecture. Materials shall be weatherproofed and shall be properly maintained. 3. Illumination for special portable signs is prohibited. Page 2 of 5 K:\Plaruung Dept\EuglC' Applications\Dr\2006\DR-26-06 siglll.hf,doc 4. No more than one special portable sign shall be permitted for any business. 5. Special portable signs shall be a maximum of sixteen (16) square feet along roadways with three (3) or less travel lanes with a speed limit of twenty five miles per hour (25 mph) or less and twenty five (25) square feet along roadways with more than three (3) travel lanes or along roadways with a speed limit of over twenty five miles per hour (25 mph). 6. Special portable signs shall be a maximum of five feet (5') in height along roadways with three (3) or less travel lanes with a speed limit of twenty five miles per hour (25 mph) or less and seven feet (7') in height along roadways with more than three (3) travel lanes or along roadways with a speed limit of over twenty five miles per hour (25 mph). 7. Special portable signs shall only be permitted on, or on the sidewalk adjacent to, the parcel on which the business is located and shall not be permitted on any other parcel except that any multi-tenant site shall have the sign on the site and not on any other site. 8. Special portable signs on a public sidewalk abutting the business's parcel may be permitted if a minimum of five feet (5') of unobstructed walkway, or ADA required minimum, remains for pedestrians. 9. Any sign in a driveway or street sight vision triangle shall be a maximum of thirty two inches (32") high measured from the driveway or street. 10. Special portable signs shall not be permitted to be on or within any berm or any portion of a landscaped area. 11. Special portable signs shall be moved inside of the building at the end of each business day. . 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 one (1), six (6) square foot approximately (36"x 24") non illuminated double-sided portable sign to be located on the sidewalk along 2nd Street as shown on the site plan date stamped by the City of Eagle on March 9, 2006. As depicted on the site plan, the sign will not be placed within any approved landscape areas. The applicant has also indicated that the sign will be put out at the opening of the business day and taken in at the closing. . The sign will be constructed ofMDO plywood with a vinyl background, graphics, and letters. The background of the sign will be green, graphics and letters will consist of purple, yellow, and black. Eagle City Code emphasizes that consideration shall be given to a sign's relationship to the overall appearance of the subject property as well as the surrounding community. Other building signs on the building, including the existing Black Pearl wall sign, have been approved with some dimensional relief such as raised letters, borders, or graphics to relive the flatness of the signs. The existing wall sign for The Black Pearl was approved with W' plexiglass letters painted black giving the sign dimensional relief. Staff encourages the Board to review and comment on whether the proposed portable sign should also have some dimensional relief to better match the existing Black Pearl sign and the other wall signs on the building. Page 3 of5 K:\Planning ~pt\Eagle Arrocations\Dr\2006\DR-26-06 sign drf.doc 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 April 13, 2006, 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 (MacDonald absent) to approve DR-26-06 for a design review application to allow a special portable sign for The Black Pearl for Jamie Harnage!, 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. The portable sign shall not be placed within any approved landscape areas. 2. The portable sign shall be moved inside of the building at the end of each business day. 3. The portable sign shall be placed in an area that allows for a minimum of five feet (5') of unobstructed walkway, which meets ADA requirements, for people passing by. 4. Any type of illumination for the portable sign is prohibited. 5. Provide a revised colored rendering of the special portable sign showing the colors matching the colors of the existing building wall sign. The revised rendering shall be reviewed and approved bv staff and two (2) members of the Design Review Board prior to the Citv issuing a sign permit for this site. 6. Provide a revised plan showing dimensional lettering on the sign. The revised plan shall be reviewed and approved bv staff and two (2) members of the Design Review Board prior to the Citv issuing a sign permit for this site. 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 Page 4 of 5 K:\PlwUling Depl\Eagle Applicaliol1s\Dr\2006\DR-26-06 sign t1rf.Juc 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 March 2, 2006. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-26-06) 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 27th day of April 2006. ATTEST: ................ ...... Of EAr; .... ~.... ~ .......'.!.../! .".... ~~... . .. I (}~.~~VORA 1';"\ ;\ C,i _ . : ~. .- . -0 - ;. S-e~~~1 0 i ~b ~<J.. ~ .A o...oa"'\...:f!: ~ v~ ........\~,.....~ ~ '1'E of .,..~ ..........'" Page 5 of 5 K:\Planning Depl\Eagle ApphcutiollS\Dr\2006\DR-26-06 sign drf.doc