Findings - DR - 2008 - DR-64-08 - Add A 3Rd Building Wall Sign
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO ADD A THIRD
BUILDING WALL SIGN FOR COOL HAND
LUKES STEAKHOUSE AND SALOON
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-64-08
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:
Cool Hand Luke's Steakhouse and Saloon, represented by Susan Bosworth with Young Electric
Sign Company, is requesting design review approval to add a third building wall sign to the north
building elevation of the Sonewycke building for Cool Hand Luke's Steakhouse and Saloon. The
site is located approximately 135-feet south of East Shore Drive within Eagle River Development
(Lot 12, Block 4, Mixed Use Subdivision No.3) at 291 East Shore Drive.
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 19, 2004, the Eagle City Council approved a design review application for a two story
multi-tenant office/retail/restaurant building (DR-94-04).
On October 19, 2004, the Eagle City Council approved a design review application for a master
sign plan for a two story multi-tenant office/retail/restaurant building (DR-95-04).
On August 12, 2008, the Eagle City Council approved a design review application for a
modification to the master sign plan for a multi-tenant office/retail/restaurant building, including
two building wall signs for Cool Hand Luke's Steakhouse and Saloon (DR-95-04 MOD).
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: MU-DA (Mixed Use with development agreement)
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F. SIGNAGE:
Cool Hand Luke's Buildin
Si n Data Pro osed
Wall Sign Dimensions 24" high x 16' wide
uired
Wall sign dimensions are not
regulated by City Code, but must
fall within the maximum area of
signage allowed on the building
face.
Area of Si na e
Illumination
White LED halo illumination
35-s uare feet (maximum)
Internal illumination prohibited
G. SIGN MATERIALS:
"Cool Hand Luke's": 3" reverse pan channel aluminum construction ("Cool Hand" = paint
YS207, "Luke's = paint YS065).
"Steakhouse/Saloon": 3" reverse pan channel aluminum construction (black matte finish letters on
rough saw cedar stain background).
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
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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)(I)
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)(4)(b)
Any business within a multitenant building that is located on a street comer or which fronts
two (2) streets shall be allowed two (2) wall signs. The sides of the building on which the
signs area to be placed shall be shown by the owner, but shall be as approved 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(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. EAGLE RIVER MASTER SIGN PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Rules:
21. The sign area of any building wall sign shall be limited to 5% for internally illuminated
signs and 10% for non-illuminated signs. All single tenant buildings will be permitted
two wall signs. Multi-tenant buildines are allowed wall siens for two elevations per
tenant maximum. In cases where multi-tenant buildings have entrances on all sides,
one sign will be allowed over each entrance.
D. DISCUSSION:
· On August 12, 2008, the City Council approved a modification to the master sign plan for the
Stonewycke Building, located in the Eagle River Development, including two building wall signs
for Cool Hand Luke's. The modification to the master sign plan allowed one sign with a logo to
be located above the entrance to the restaurant on the east building elevation, and a second sign
(without logo) for the west building elevation facing the pond. The modification to the master sign
plan included language that allowed a significant increase in tenant signage where before very
little tenant signage was allowed on the building.
The applicant is requesting design review approval to add a third building wall sign to the north
elevation of the Stonewyck Building for Cool Hand Luke's Steakhouse and Saloon. According to
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the narrative date stamped by the City on October 9, 2008, the applicant is requesting a third
building wall sign because the existing signs, located on the east and west building elevations do
not provide adequate commercial visibility for the restaurant.
The applicant has suggested that though the building is approved for a restaurant/office use, its
location is more suited to the office use and does not inherently provide the adequate visibility that
a restaurant use requires. Staff did suggest that one of the existing wall signs could be moved to
the north building elevation, but the applicant contends that in this particular situation a third
building wall sign is the only solution.
· The master sign plan for Eagle River Development allows a maximum of two building wall signs
for each business or tenant. However, Eagle River management has indicated, verbally and in a
letter attached to this application, that they approve of a third building wall sign in this particular
situation, and would be open to modifying the master sign plan for the Eagle River Development
to allow a third building wall sign on a case by case basis.
· The third building wall sign requested to be located on the north elevation will be identical to the
existing sign located on the west (pond side) building elevation (thirty two square feet
(approximate) without a logo).
· On July 23, 2002, the Eagle City Council approved a design review sign application for the Master
Sign Plan for Eagle River Development (DR-15-02). Rule number 21 of the Master Sign Plan for
Eagle River Development states that all multi tenant buildings will be permitted two wall signs. It
should be noted that when this master sign plan was approved Eagle City Code permitted only one
building wall sign for tenants located within multi tenant buildings unless there was frontage on
more than one street.
· Staff is recommending denial of the proposed application to add a third building wall sign to this
building because it does not comply with the Master Sign Plan for Eagle River Development or
Eagle City Code, which permits tenants in a multi tenant building to have a maximum of two (2)
building wall signs.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends denial of the requested
design review application because it does not comply with Eagle City Code Title 8, Section 2,
Article A, Chapter 8, Sign Regulations, Subsection C, General Provisions and Requirements for
Wall Signs or the Master Sign Plan for Eagle River Development.
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 deny DR-64-08
for a design review application to add a third building wall sign for Cool Hand Luke's Steakhouse
and Saloon. The application was denied based on the request to place a third building wall sign on
the building does not comply with Eagle City Code Title 8, Section 2, Article A, Chapter 8, Sign
Regulations, Subsection C, General Provisions and Requirements for Wall Signs or the Master
Sign Plan for Eagle River Development.
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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-64-08) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided herein, concludes that the proposed design
review application is not in accordance with the Eagle City Code and the Eagle Comprehensive Plan.
Eagle City Code Title 8, Section 2, Article A, Chapter 8, Sign Regulations, Subsection C, General
Provisions and Requirements for Wall Signs (and in this instance the master sign plan for Eagle River
Development as well) state that a multi-tenant building is permitted up to two building wall signs; the
applicant's proposal of a total of three building wall signs is not in compliance with this ordinance.
DATED this 11 th day of December 2008.
DESIGN REVIEW BOARD
OF THE CITY OF AGLE
Md~
Eric R. McCullough, Chairman
:.
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