Findings - CC - 2021 - DR-04-21 - Eagle Holistic Health Signage BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A )
MONUMENT SIGN FOR EAGLE HOLISTIC )
HEALTH FOR JULIE MCCALLSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-04-21
The above-entitled design review application came before the Eagle City Council for their action on April
13, 2021. The Eagle City Council 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:
Julie McCallson,represented by Chantel Wiles, is requesting design review approval to change the
face of an existing monument sign for Eagle Holistic Health. The 0.16-acre site is generally located
on the southwest corner of South Academy Lane and East State Street at 367 South Academy Lane
(Lot 3,Block 1, Larkin Village Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 1,2021.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 11, 2017, the Eagle City Council approved a rezone and preliminary plat applications for
Larkin Village Subdivision(RZ-16-16/PP-10-16).
On August 24, 2017, the Eagle Design Review Board approved a design review application for the
common area landscaping within Larkin Village Subdivision, including converting a residential
dwelling into an office(business and professional)building and a garage into a storage building(DR-
34-17).
On August 24, 2017, the Eagle Design Review Board approved a design review application for a
monument sign(DR-35-17).
D. COMPANION APPLICATIONS:None.
E. COMPREHENSIVE PLAN DESIGNATION: Downtown.
F. ZONING DESIGNATION: MU-DA(Mixed Use with a development agreement[in lieu of a
conditional use permit]).
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT: Yes.
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I. SIGNAGE:
Monument Sign
Sign Data Proposed Required
Sign Dimensions 14' high x 5' wide 8' high(maximum)
Area of Signage 10.5-square feet 60-square feet(maximum)
Illumination 10-watt LED Interior-illumination prohibited
Sign Landscaping 330-square feet(approximately existing) 31.5-square feet(minimum)
Materials 3"x 1.5"outer frame(aluminum) Per Eagle City Code
3MM ACM background panel, overlaid
with digital laminate print, 1/4-inch acrylic
painted logo and letters, mounted flush to
the face of the background.
J. AGENCY RESPONSES:None
K. LETTERS FROM THE PUBLIC:None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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-1: General Applicability:
This section applies to all proposed development located within the Design Review Overlay District
which shall include the entire City limits, and any land annexed into the City after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family and single-family attached residential projects, signs, common
areas, subdivision signage, proposed conversions, proposed changes in land use and/or building
use, exterior remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the
submittal of a design review application pursuant to this article and a fee as established by
resolution of the City Council. Design review applications for a change in paint color are subject
to review and approval by the City but otherwise shall not be required to comply in all respects to
the requirements of this section.
• 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".
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• Eagle City Code Section 8-2A-3: Effect of Other Provisions:
If any provision of this article is found to be in conflict with any other provision of any Zoning,
Building, Fire Safety or Health Ordinance or other provision of this Code,the provision which
establishes the higher and/or more restrictive design standard shall prevail.However, in order to
foster rehabilitation of older districts and comply with unforeseen future needs of the overlay
districts,the City Council may,at their discretion, suspend or relax some or all requirements
found in this article, if the City Council determines a particular site, setting,or use to have special
and/or unique circumstances to warrant an exception to the requirements.
• Eagle City Code Section 8-2A-8(A)(5):
Nonconforming Signs: All signs in the entire city on the effective date hereof shall conform to this
title upon any structural change to the sign, sign base, or building to which it is attached, or upon
any change in the face or copy of the sign for the business to which such sign pertains if the use
associated with the business is changed, except as provided for within subsection C 16n, "Historic
Signage",of this section.
• Eagle City Code Section 8-2A-8(A)(6):
Change Of Face, Copy And/Or Logo On Signs: For signs conforming to this article, a permit shall
not be required for a change of face, copy and/or logo on any such sign, provided that the sign
structure is not changed in any way and provided that the colors previously approved by the city
are not changed.
• Eagle City Code Section 8-2A-8(B): Definitions:
HEIGHT OF SIGN: The vertical distance measured from the grade to the highest point of a sign or
any vertical projection thereof. Architectural elements used above any sign area may be excluded
from the maximum height measurement if the city determines that said architectural elements add
to the character of the sign and do not create an overbearing appearance in relation to the sign,
building and area.
POLE SIGN:A freestanding sign that is supported by one or more poles that are not enclosed as in
a monument sign structure.
• Eagle City Code Section 8-2A-8(C)(2)(a):
For single-tenant buildings which are not within the DDA, TDA, or within a "shopping center",
monument signs shall not exceed eight feet (8') in height and the sign area shall not exceed sixty
(60)square feet per side.
• Eagle City Code Section 8-2A-8(C)(9): Prohibited Signs:
a. Pole signs.
• Eagle City Code Section 8-2A-8(C)(16): Exempt Signs:
The provisions and requirements of this article shall not apply to the following signs and attention
attracting devices, except that no sign or attention attracting device shall block ADA accessible
sidewalk requirements or the sight vision area of an intersection as determined by ACHD:
n. Historic Signage: Existing signs pertaining to any business within the design review overlay
district which business is found by the design review board to be of local historical significance
are exempt from the provisions of this article.
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C. DISCUSSION:
• The applicant is requesting design review approval to use the existing fourteen foot(14')tall pole
sign located on the north property line. The pole and frame with the decorative iron work is to
remain. The Paradigm Construction sign face will be removed and a new sign face for Eagle
Holistic Health will be installed and the address numbers will be updated to reflect the new address
of the office building. The Eagle Holistic Health and logo will be 1/4-inch acrylic, mounted flush
to the face of the background panel. Pursuant to Eagle City Code Section 8-2A-8(C)(9),pole type
signs are prohibited. Additionally, the maximum height of a monument sign for a single tenant
building is eight feet(8'). On August 24,2017,the Design Review Board approved the use of the
fourteen foot(14')tall pole sign based on Eagle City Code Section 8-2A-3 and 8-2A-8(C)(16)(n),
the sign pole was from a business that had been in the community for forty (40) plus years. The
Board determined the pole sign to have historic significance and relaxed the requirements of Eagle
City Code by allowing the height to exceed eight feet (8') and to allow for the pole type sign.
Additionally,the Board determined the design of the sign to be simple and yet decorative with the
proposed iron work around the frame,the size of the sign was not out of scale for the area,and the
sign complemented the architecture of the office building. Staff defers comment regarding the type
of sign and height of the sign to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the following site specific conditions of approval and standard conditions of approval
provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on March 11,2021,at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 8:58)
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board determined the sign to be historic since it has been in the community for forty plus years.
• The Board determined the pole sign and design of the sign to be simple and yet decorative and to fit
within surrounding area and with the architecture of the office building.
BOARD DECISION:
The Board voted 6 to 0 to recommend approval of DR-04-21 for a design review application to change
the face of an existing monument sign for Eagle Holistic Health for Julie McCallson,with the following
site specific conditions of approval and standard conditions of approval provided within their findings of
fact and conclusions of law document,dated March 25,2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on April 13, 2021, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
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COUNCIL DECISION:
The Council voted 3 to 0(Gindlesperger absent)to approve DR-04-21 for a design review application to
change the face of an existing monument sign for Eagle Holistic Health for Julie McCallson,with the
following Design Review Board recommended site specific conditions of approval and standard
conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR-35-17.
2. A sign permit is required prior to the installation of any signs on this site.
3. Any ground mounted floodlights used to illuminate the monument signs 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.
4. Upon completion of the monument sign tenant panel, the applicant shall be required to request a site
inspection to be completed by the Planning and Zoning Department. Upon verification that the
monument sign tenant panel has been completed in compliance with the approved plans, a certificate
of completion will be issued.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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 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 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 Council reviewed the particular facts and circumstances of this proposed design review application
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(DR-04-21) 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.
As provided in Eagle City Code Title 8,Chapter 2,Article A, Section 3,Effect of Other Provisions,the
Council recognizes that the existing pole sign does not comply with 8-2A-8(C)(2)(a) and 8-2A-
8(C)(9)(a) with regard to height and style of sign. The Council recommends that the code sections
regarding these items be suspended or relaxed to foster the rehabilitation of this sign. It is the Council's
opinion that the existing pole sign has historic significance since it has been in the community for over
forty (40)years, provides a simple and yet decorative look to the sign, is in scale for the area, and it
complements the architecture of the proposed office. The Council also determined that the pole
provides an elegant look for the proposed sign instead of a large eight foot(8')solid sign with a bulky
base. It is with these improvements that the Council recommends approval of this project as proposed
and with the modifications noted herein.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13(B)(2)(i),and has concluded:
i. The monument sign will be is harmonious with the architectural design of the building,and will not
cover nor detract from desirable architectural features.
DATED this 13th day of April 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
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