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)
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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.
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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.
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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
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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:
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