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Findings - DR - 2001 - DR-59-01 - Construct 2 Building Wall Signs For Copy Express At 650 E State St ORIGINAL BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR TWO WALL SIGNS FOR COpy EXPRESS FOR DAVID BRADY ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-S9-01 The above-entitled design review application came before the Eagle Design Review Board for their action on September 13,2001. 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: David Brady is requesting design review approval to construct two building wall signs for Copy Express. The site is located on the north side of State Street approximately 500-feet east of Stierman Way at 650 East State Street within the Realty World multi- tenant building. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on August 9, 2001. c. NOTICE OF PUBLIC HEARING: Notice of this public hearing was mailed to property owners abutting the subject property in accordance with Eagle City Code on August 24, 2001. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: None F. ZONING DESIGNATION: CBD (Central Business District) G. SIGNAGE: Building Wall Sign (South Elevation) Sign Data Proposed Required Wall Sign Dimensions 3' 10"high x 10' wide N/A Area of Signage 38.3-square feet 44.5-square feet (maximum) Illumination One 75-watt halogen flood light Interior-illumination prohibited Page 1 of 4 K:\Planning DeptlEagle Applications\Dr12001\DR-59-01 sign drfdoc H. 1. Building Wall Sign (West Elevation) Sign Data Proposed Required Wall Sign Dimensions 3' high x 10' wide N/A Area of Signage 30-square feet 36-square feet (maximum) Illumination One 75-watt halogen flood light Interior-illumination prohibited AGENCY RESPONSES: None LETTERS FROM THE PUBLIC: None received to date STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. B. c. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The general theme of the Design Review Overlay District is to encourage the use of American Northwest and 1870 through 1930 architectural styles and the use of those materials, graphics and architectural designs set forth in the DR chapter. Signage for any project shall provide for business identification and minimize clutter and confusion on and off the site. Signs are to provide effective and necessary business identification systems adapted to the building design. . . 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. . Section 8-2A-8(C)(5) Sign materials and overall appearance shall compliment with the building architecture and colors as determined by the Design Review Board. . Section 8-2A-8(C)(9) Any comer business within a multi-tenant building shall be allowed two (2) wall signs. The sides of the building on which the signs are to be placed shall be shown by the owner, but shall be as approved by the Design Review Board. DISCUSSION: . The applicant is proposing to construct a wall sign on the south and west elevations of the Page 2 of 4 K:\Planning DeptlEagle Applications\Dr12001\DR-59-01 sign drfdoc building. The applicant is a comer business within a multi-tenant building therefore the applicant is permitted to have two wall signs. The applicant should be required to remove any existing wall signs prior to issuance of a sign permit. 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 HEARING OF THE BOARD: A. A public hearing on the application was held before the Design Review Board on September 13, 2001, at which time testimony was taken and the public hearing was closed. The Board made their decision at that time. 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). BOARD DECISION: The Board voted 4 to 0 (Kenison absent) to approve DR-59-01 for a design review application to construct two wall signs with the following staff recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The applicant shall be required to remove any existing wall signs prior to issuance of a sign permit. 2. A sign permit is required prior to a sign being constructed on 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 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. Page 3 of 4 K:\Planning DeptlEagle ApplicationsIDrI2001IDR-59-01 sign drfdoc 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. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on August 9,2001. 2. Notice of this public hearing was mailed to property owners abutting the subject property in accordance with Eagle City Code on August 24, 2001. 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-59-01) with regard to Eagle City Code Section 8-2A-13 Design Review Board Action, and based upon the information provided concludes that the proposed design review application is in accordance with the Eagle City Code. DATED this 11th day of October 2001. ATTEST: .1 ~ {~ K ~('k~ --§haron K. Moore, Eagle City lerk Page 4 of 4 K:\Planning DeptlEagle Applications\Dr\200 I IDR-59-0 I sign drfdoc