Findings - DR - 2008 - DR-69-08 - 2 Building Wall Signs, 1 Marquee Building Wall Sign, 1 Electronic Message/18 Poster
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR TWO BUILDING WALL )
SIGNS, ONE MARQUEE BUILDING WALL SIGN, )
ONE ELECTRONIC MESSAGE SIGN, AND EIGHTEEN )
POSTER CABINET SIGNS FOR THE RIVERWOOD )
CINEMAS FOR OGDEN ENTERTAINMENT GROUP )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-69-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 13, 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:
Ogden Entertainment Group, represented by Craig Jamieson with Lytle Signs, is requesting design
review approval for two building wall signs, one marquee building wall sign, one electronic
message sign, and eighteen poster cabinet signs for the Riverwood Cinemas. The 4.1 79-acre site
is located within Gateway South Development on the east side of South Edgewood Way and south
of State Highway 44.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on October 9,2008.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 7, 2008, the Eagle City Council approved a design review application for the
Riverwood Cinemas located within Gateway South Development (DR-54-08).
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: MU-DA (Mixed Use with development agreement)
F. SIGNAGE:
R'
dC'
B 'ld' W 11 S' ( h I
. )
lverwoo memas Ul mg a 19n nort e evatIon
Sie:n Data Proposed Required
Wall Si2n Dimensions 2' 4" high x 35' 3" wide N/A
Area of Signage 83-square feet (approximately) 517-square feet (maximum for the
entire north elevation)
Illumination Blue L.E.D. halo illumination Interior-illumination prohibited
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Riverwood Cinemas Building Wall Sign (west elevation)
Sie:n Data Proposed Required
Wall Si2n Dimensions 2' 4" high x 35' 3" wide N/A
Area of Signage 83-square feet (approximately) 517-square feet (maximum for the
entire north elevation)
Illumination Blue L.E.D. halo illumination Interior-illumination prohibited
lverwoo ou e 1 e arquee a 19n nort west e evatlOn
Si2n Data Proposed Required
Wall Si2n Dimensions 21' 1" high xl' 8" wide N/A
Area of Signage 35-square feet each side (approximately) 517-square feet (maximum for the
entire north elevation)
540-square feet (maximum for the
entire west elevation)
Illumination Blue L.E.D. halo illumination Interior-illumination prohibited
"R'
d"D bl S'd dM
W 11 S' ( h
. )
"Cmemas" Building Wa I Sign (northwest e evatlOn
Sie:n Data Proposed Required
Wall Si2n Dimensions 3' 6" high x 20' 4" wide N/A
Area of Signage 72-square feet (approximately) 517-square feet (maximum for the
entire north elevation)
540-square feet (maximum for the
entire west elevation)
Illumination Blue exposed neo-blue neon illumination Interior-illumination prohibited
. )
Electronic Message BUllding Wa Sign (nort west e evatlOn
Si2n Data Proposed Required
Wall Si2n Dimensions 2' 4" high x 36' wide N/A
Area of Signage 84-square feet 200-square feet (maximum per the
development agreement for Eagle
Gateway South (RZ-24-06 MOD2))
Illumination Amber L.E.D. Electronic message sign allowed per
the development agreement for Eagle
Gateway South (RZ-24-06 MOD2)
11
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. )
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Si n Data
Ei hteen Poster Cabinet Buildin Wall Si ns
Pro osed Re uired
Wall Si n Dimensions
5' hi h x 3' wide
N/A
Area of Signage
15-square feet each poster cabinet
90-square feet total- north elevation
180-square feet total- west elevation
270-s uare feet total of ei hteen si s
517-square feet (maximum for the
entire north elevation)
540-square feet (maximum for the
entire west elevation)
Illumination
Internally illuminated transparent
cabinets
Interior-illumination prohibited
Signage proposed on the north building elevation:
83-square feet - Riverwood Cinemas Sign
35-square feet - Riverwood Marquee Sign
36-square feet - Y2 of 72-SF Cinemas Sign
42-square feet - Y2 of 84-SF Electronic Message Sign
90-square feet - Poster Cabinet Signs
286-square feet total signage on the north building elevation (517 -square feet maximum allowed)
Signage proposed on the west building elevation:
83-square feet - Riverwood Cinemas Sign
35-square feet - Riverwood Marquee Sign
36-square feet - Y2 of 72-SF Cinemas Sign
42-square feet - Y2 of 84-SF Electronic Message Sign
180-square feet - Poster Cabinet Signs
376-square feet total signage on the west building elevation (540-square feet maximum allowed)
G. SIGN MATERIALS:
Riverwood Cinemas (2) - Aluminum faces and returns with satin painted finish - blue color to be
determined. Halo illuminated with blue L.E.D.
Riverwood Marquee - Aluminum faces and returns with satin painted finish - blue color to be
determined. Halo illuminated with blue L.E.D.
Cinemas Sign - Aluminum returns with exposed neo-blue neon illumination. Standing mounts
around perimeter of radius in front of marquee canopy.
Electronic Message Sign - Amber L.E.D. on black background. Installed on the radius of the
marquee canopy.
Poster Cabinet Signs - Internally illuminated with fluorescent illumination behind acrylic faces.
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
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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 offthe 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(B)
CABINET SIGN: A sign consisting of one or more translucent panels containing sign copy,
which are interchangeable and which are affixed to a box or cabinet. Cabinet signs are
prohibited.
ILLUMINATION, INTERNAL: Illumination of a sign from a light source that is concealed or
contained within the sign and becomes visible in darkness through a translucent surface. This
includes characters, letters, figures, designs or outline which is illuminated by gas filled
luminous tubes, such as neon, argon or fluorescent.
READER BOARD: A sign or part of a sign on which the letters are readily replaceable such
that the copy can be changed from time to time.
· 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(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(E)(2)
2. Prohibited Illumination:
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a. Internal Illumination: All types.
· 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 requesting approval of several different types of signs to be located on the north
and west building elevations of the Riverwood Cinemas. A combination of halo illuminated,
exposed neon, electronic message, and internally illuminated poster cabinet signs are proposed to
be utilized on this building. The total amount of signage permitted on the north building elevation
is 517-square feet and the amount permitted on the west building elevation is 540-square feet. The
total amount of signage proposed on the north building elevation equals 286-square feet and the
total amount of signage proposed on the west building elevation equals 37 6-square feet. Thus, the
total amount of signage proposed on this building is well under what would be permitted per Eagle
City Code.
The "Riverwood Cinemas" text, proposed on the north and west building elevations, as well as the
"Riverwood" text proposed on the marquee sign, are proposed to be halo illuminated with blue
L.E.D. The "Cinemas" text, proposed on the northwest corner of the building over the main
entrance to the building is proposed to be exposed neo-blue neon illumination. The "Cinemas"
text is proposed to be mounted so as to be standing on the top of the electronic message sign.
The electronic message sign proposed to be located on the northwest corner of the building over
the main entrance to the building is proposed to be illuminated with Amber L.E.D. on a black
background. On October 7, 2008, the Eagle City Council approved a modification to the
development agreement for Eagle Gateway South to allow the use of an electronic message board
on the movie theater. Per the development agreement, the back ground color of the message board
is required to be black and the text on the message board is required to be one color and is not
permitted to have animated or scrolling text. The message board is permitted to show the movie
names and start times.
The applicant is proposing to use internally illuminated cabinet signs to display the posters of the
upcoming movies and those that are currently being shown at the theater. Per Eagle City Code,
internally illuminated signs are not permitted, as well as cabinet style signs. The applicant should
be required to provide a revised elevation plan of the poster cabinet signs showing the signs to be
illuminated from above or below with an external light fixture. Provide detailed cut sheets
showing the style, wattage, luminaries, etc. of the proposed light fixture. The revised elevation
plan and the cut sheets of the light fixture 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.
· Staff defers comment regarding design and color of all proposed signs to the Design Review
Board.
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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 November 13, 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 3 to 0 (Barnes, McCullough, Niblett, and Whittaker absent) to approve DR-69-08
for a design review application for two building wall signs, one marquee building wall sign, one
electronic message sign, and eighteen poster cabinet signs for the Riverwood Cinemas for Ogden
Entertainment Group, 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. Comply with any applicable conditions of the development agreement (RZ-24-06 MOD2).
2. Provide a revised elevation plan of the poster cabinet signs showing the signs to be illuminated from
above or below with an external light fixture. Provide detailed cut sheets showing the style, wattage,
lumina;ies, etc. of the proposed light fixture. The revised elevation plan and the cut sheets of the light
fixture 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.
3. Internally illuminated signs are prohibited.
4. Cabinet style signs are prohibited.
5. A sign permit is required prior to the installation of any signs on this site.
6. The electronic message sign shall not exceed IIO-square feet and shall be allowed to display the
movies and times for the fourteen (14) different movie theaters in a manner that is not animated. The
method used to display the movies and times shall be reviewed and approved by staff l'rior to the City
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 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.
5. Any changes to the plans and specifications upon which this approval is based, other than those
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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
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 October 9,2008.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-69-08) 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 11 th day of December 2008.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Af~7lL
tric R. McCullough, Chairman
: *
....
ATTEST:
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