Findings - DR - 2008 - DR-39-08 - Monument Sign For Busters Bar And Grill
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MONUMENT SIGN FOR )
BUSTERS BAR AND GRILL FOR LGJ, INC DBA BUSTERS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-39-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 10, 2008. 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:
LGJ, Inc. dba Busters, represented by Evelyn Grime with Place! Inc., is requesting design review
approval to construct a monument sign for Busters Bar and Grill. The site is located on the
northwest comer of East State Street and Edgewood Lane at 1396 East State Street.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on June 6, 2008.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 9, 2007, the applicant submitted a design review sign application for the approval of a
monument sign for Busters Bar and Grill. On April 30, 2007, the applicant's representative
submitted a letter requesting to withdraw the application.
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: C-2 (General Business District)
F. SIGNAGE:
onument 19n
Sie;n Data Proposed Required
Sie;n Dimensions 11' - 3" high x 12' wide 8' high (maximum)
Area of Signage 55-square feet total 50-square feet total (maximum)
40-square feet Busters Bar and Grill 20-square feet (maximum)
IS-square feet reader board area reader board area included
in total square footal!e
mumination Ground mounted light fixtures Interior- illumination orohibited
Sign Landscaping 120-square feet (approximately) ISO-square feet (minimum)
based on a 50-square foot sign
face
M S'
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G. SIGN MATERIALS:
Monument sign -
Vinyl posts with finials on top of concrete casons with rock finish. Copper board with screened
logo all attached to black metal frame. Below the main text of the sign a three (3) line reader
board is proposed to be installed.
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.
· 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(C)(S)(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.
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· 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.
· 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(I)(S)
Permanent reader board signs in excess of twenty (20) square feet are prohibited and all
temporary reader board signs are prohibited.
· 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 construct one (1) monument sign for Busters Bar and Grill
located on the northwest comer of East State Street and Edgewood Lane. The monument sign
is proposed to be located along the frontage of East State Street. The monument sign
incorporates a variety of materials in layers so as to provide visual interest and relief to the
sign. As it states within the representative's justification letter, the monument sign does not
emulate the architecture of the building only the color palette of the existing building. While
staff agrees that there is a lot of relief to this sign in how it is constructed, staff is concerned
that there is no relief on the face of the sign. The text "Busters Bar and Grill" is only vinyl
applied to the face of the sign. Typically the text on the face of a sign will have a dimension
so as to create a shadow line. Staff defers comment regarding dimensional text on the face of
the sign to the Design Review Board.
· Per staff's calculations the face of the proposed sign, including the reader board area, totals
fifty five (55) square feet. Per Eagle City Code, the exposed surface of any such sign shall not
exceed fifty (50) square feet. The applicant should be required to provide revised elevations
showing the face of the sign, including the reader board area, does not exceed fifty (50) square
feet. The revised elevation plans should be reviewed and approved by staff and one member
of the Design Review Board prior to the City issuing a sign permit for this site.
· The landscape plan date stamped by the City on June 6, 2008, shows one hundred twenty
(120) square feet of landscaping to be installed around the base of the sign. Per Eagle City
Code, landscaping is required around the base of the monument sign and shall be three (3)
times the size of the largest exposed surface. Since the face of the sign may not exceed fifty
(50) square feet, the minimum square footage of landscaping required around the base of the
monument sign should be one hundred fifty (150) square feet. The applicant should be
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required to provide a revised landscape plan showing one hundred fifty (150) square feet
(minimum) proposed 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 sign permit for this site.
· There is a van with the Busters name painted on the sides of it which is parked in the parking
lot of this site. In the past this van has been parked in the grass area outside of the parking lot,
sometimes with "Now Hiring" banners placed on it. Currently the van is parked in the parking
lot, however, not in a parking spot. While Eagle City Code does not disallow a business to
advertise their business on their vehicles, it is well known that this vehicle is rarely moved.
Thus one could conclude that the van is merely on the site to advertise the business. It is
staffs opinion that if the van is permitted to remain on this site that is should be properly
parked in a parking space. The van should not be permitted to park across several parking
spaces, nor should the van be permitted to park in any landscaped area of the site. No
temporary signage should be permitted to be placed on or around the van.
· The applicant indicates that the monument sign will be illuminated by ground mounted light
fixtures. The applicant should be required to provide detailed cut sheets showing the type of
light fixture to be used to illuminate the monument sign. The detailed cut sheets should show
the size, height, wattage, luminaries, etc. of the proposed light fixture. The detailed cut sheets
should be reviewed and approved by staff prior to the City issuing a sign permit 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 July 10, 2008, 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 5 to 0 (Barnes and Niblett absent) to approve DR-39-08 for a design review
application for a monument sign for LGJ, Inc dba Busters, with the following staff recommended
site specific conditions of approval and standard conditions of approval with text shown with
strike thru to be deleted by the Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Proyide revised eleyations sllO'Ning the faee of the sign, inel1:lding the reader Beard area, does not
exeeed fifty (50) sEluare feet. The reyisea ele.;atien plans shall be re'lie'Ned and at'lproved by staff and
one member of the Desiga Re'lie'll Board prior to the City issl:ling a sign permit for tHis site.
2. Provide a revised landscape plan showing one hundred forty eight fifty (148 -MG) square feet
(minimum) proposed 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 sign permit for this site.
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3. If the van is permitted to remain on this site that is shall be properly parked in a parking space. The
van shall not be permitted to park across several parking spaces, nor shall the van be permitted to park
in any landscaped area of the site. No temporary signage shall be permitted to be placed on or around
the van.
4. Provide detailed cut sheets showing the type of light fixture to be used to illuminate the monument
sign. The detailed cut sheets shall show the size, height, wattage, luminaries, etc. of the proposed light
fixture. The detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a sign
permit for this site.
S. The ground mounted light fixtures 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.
6. A sign permit is required prior to the installation of any signs on this site.
7. Provide revised elevations showing the lettering of the sil!n to have dimension so as to provide shadow
relief. The revised elevation plans shall be reviewed and approved bv staff and one member of the
Design Review Board prior to the City issuinl! a sign permit for this site.
8. The background color of the reader board area shall be a muted white color and the letters used on the
reader board shall be a unified letter and color.
9. Provide revised elevation plans showing the posts to be black. The revised elevation plan shall be
reviewed and approved by staff and one member of the Desil!n Review Board prior to the City issuing
a sign permit for this site.
10. The height of the sil!n shall not exceed eil!ht (8) feet from the centerline of East State Street.
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 City Council 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 City
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 the City Council for review and approval.
S. 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
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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 June 6, 200S.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-39-0S) 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.
DA TED this 24th day of July 200S.
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