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Findings - DR - 2006 - DR-35-06 - Entry Structure With Signage For Bella Terra Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR AN ENTRY ) STRUCTURE WITH SIGNAGE FOR BELLA ) TERRA SUBDIVISION FOR TED MARTINEZ ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-35-06 The above-entitled design review application came before the Eagle Design Review Board for their action on May 11, 2006. The Board continued the item to May 25, 2006, and made their decision at that time 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: Ted Martinez, represented by Jeremy Ainsworth with The Land Group, is requesting design review sign approval to construct an entry structure with signage for the Bella Terra Subdivision. The site is located on the east side of North Linder Road approximately 1,300-feet north of Floating Feather Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 6, 2006. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: None D. COMPANION APPLICATIONS: DR-34-06 (design review application) E. ZONING DESIGNATION: R-2-P (Residential maximum two units/acre - PUD) F. SIGNAGE: Monument Si n Si n Data Pro osed Re uired Area of Si na e Illumination 8' hi h (maximum) 50-s uare feet Decorative lighting mounted on the entry Interior-illumination prohibited structure Si n Dimensions 8" hi h x 7' wide 15-s uare feet (minimum) G. SIGN MATERIALS: Sign Face "Bella Terra" - Cast antique bronze letters. Roof: Concrete tile- Terra Cotta Walls: 80% Bucks County - Southern Ledgestone and 20% Bucks County - Dressed Fieldstone. Brick - General Shale Kenton Tudor, Stucco (clay beige) Fascia/Accent: Laminate Cedar or Prime Trim Page 1 of 4 K:\PlwUling Dept\Eagle Applications\Dr\2006\DR-35-06 sign drf.doc 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)(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) Intent: It is the intent of this subsection to encourage interesting, creative and unique approaches to the design of signs. Sign materials and overall appearance shall complement the building architecture and colors as determined by the design review board. . Eagle City Code Section 8-2A-8(K)(l) 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 an entryway structure to be constructed in the same Tuscan style of architecture of the clubhouse. Because the entry structure is located within the public right of way, the applicant should be required to provide a license agreement from the Ada County Highway District. The license agreement should be provided to the City prior to the issuance of a sign permit. . Staff defers comment regarding design and color of all proposed signs to the Design Review Board. Page 2 of 4 K:\Planning Dt:pt\EUlIle Applicutiolls\Dr\2006\DR-35-06 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 May 11, 2006. The application was continued to May 25, 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 (Barnes absent) to approve DR-35-06 for a design review application for an entry structure with signage for Bella Terra Subdivision, for Ted Martinez, 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 detailed cut sheet showing the luminaries, wattage, style, etc. of the light fixture proposed to illuminate the subdivision signage. The cut sheet shall be reviewed and approved by staff prior to the City issuing a sign permit. 2. Provide a license agreement from ACHD allowing the installation of the entry structure located over the public rights-of-way to be reviewed and approved by staff prior to the City Clerk signing the final plat. 3. Interior illumination is not permitted for monument signs. 4. The revised elevation and landscaping plans. date stamped by the Citv on Mav 16. 2006, are approved. STANDARD CONDITIONS OF APPROVAL: I. 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 Page 3 of 4 K:\P1anning Dept\Eagle Applicalions\Dr\2006\DR-35-06 sign clrf.doc 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 April 6, 2006. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-35-06) with regard to the Eagle City Code Title S, 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 Sth day of June 2006. DESIGN REVIEW BOARD OF THE Y OF EAGLE Ada Ida 0 ATTEST: "........4. "~I '. ~~~~ -t'" OF /," .... r \. ........ ,(. ~ v.. .. '/ .. .. tlPO . i I c.;O 1<..,... '.<' ". -.,.. . /".' ! : t": ; . ........ \~(Jl" :;,SBAL "..."i '* j .,. ...q" ,fit.: "11 · " 0 ~ li' OF 10 ,.. ~.....~'" ..... Page 4 of 4 K:\PIWUling Dept\Ellgle Appucations\Dr\2006\DR-35-06 sign Jrf.doc