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Findings - DR - 2002 - DR-21-02 - Construct An Internally Illuminated Building Wall Sign For Mom's Cafe And Espresso BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A BUILDING ) WALL SIGN FOR MOM'S CAFÉ AND ESPRESSO) FOR CONNIE AND JOHN CRUICKSHANK ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-21-02 The above-entitled design review application came before the Eagle Design Review Board for their action on April 25, 2002. 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: Connie and John Cruickshank, represented by Young Electric Sign Company, is requesting design review approval to construct an internally illuminated building wall sign for Mom's Café and Espresso within the Eagle Pavilion Shopping Center. The site is located on the northeast corner of Eagle Road and State Highway 44 within the multi-tenant building at 360 South Eagle Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 6, 2002. 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 March 25, 2002. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: None F. ZONING DESIGNATION: CBD-DA (Central Business District with Development Agreement) G. SIGNAGE: Sign Data Proposed Required Wall Sign Dimensions 2' high x 9' wide N/A Area of Signage 18-square feet 18-square feet (maximum) (based on 30 LF of frontage and a ceiling height of 12') Illumination 60 MA Neon 430 MA (maximum) Building Wall Sign H. AGENCY RESPONSES: None Page 1 of 5 K:\Planning DeptlEagle Application,\DrI200Z\DR-ZI-OZ ,ign drf.doc I. LETTERS FROM THE PUBLIC: None received to date STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) B. 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 signts 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)(4) The total area of any sign attached to, or painted on the face of a building shall not exceed five percent (5%) shall be the maximum surface area to be permitted by the Design Review Board if internal illumination is proposed and if such proposed internal illumination is subsequently approved by the Board. . 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(E)( 1) The Design Review Board must find that any internally-illuminated sign which may be permitted under the specific regulations within this Chapter shall be designed such that brightness levels shall be controlled to assure a soft subtle effective light in accordance with other City regulations intended to create and maintain the American Northwest 1870s' to 1930s' architectural appeal. A maximum of 430 milliamps may be permitted for any internally illuminated sign subject to Design Review Board approval. . Section 8-2A-8(L)(7) Temporary Sign In Lieu Of Permanent Wall Sign: A business identification banner, or similar sign, may be permitted on a temporary basis, not to exceed one hundred twenty (120) days, during approval and construction of any wall sign for a new business. Said sign shall not be larger than the wall sign that would be permitted per this Title, shall only be located Page 2 of 5 K:\Planning DeptlEagle Application,\Dr\200Z\DR-Zl-OZ ,ign drf.doc on the face of the building where the wall sign would be permitted per this Title, and shall be removed when the permanent sign is installed, not to exceed one hundred twenty (120) days. C. MASTER SIGN PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Maximum display height shall not exceed two feet in height and is restricted to two lines maximum of copy. All displays will be installed at a consistent bottom height with others (with the exception of the center area of the building) and letters may not extend out more than seven inches from the wall to which it is attached. All penetrations of the building structure required for sign installation shall be neatly sealed in a watertight condition upon removal of signs. . D. DISCUSSION: . The applicant is proposing to construct the building wall sign at the same height as the tenants on each side of the center area of the building (Hollywood Video, Great Clips, Cell Net, etc.). Per the master sign plan for this multi-tenant building the applicant is required to install the building wall sign at a consistent bottom height with others. The applicant should be required to install the proposed building wall sign at a bottom height consistent with the Great Clips sign located to the west of this proposed sign. The applicant should be required to provide a revised elevation showing the Mom's Café and Espresso sign and the Great Clips sign at a consistent bottom height. The revised elevation should be reviewed and approved by staff prior to issuance of a sign permit. Per the master sign plan for this building, all penetrations of the building structure are required to be neatly sealed in a watertight condition upon the removal of any sign. Staff is uncertain if the penetrations from the previous tenant have been repaired. The applicant should be required to seal any existing penetrations left by the removal of the former sign prior to issuance of a sign permit. The applicant has a banner sign located over the front door to the building. Per Eagle City Code, a temporary banner sign in lieu of a permanent wall sign is permitted on a temporary basis, not to exceed one hundred twenty (120) day, during the approval and construction of any wall sign for a new business. The applicant should be required to remove the banner sign located on the front of the building 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 WITIDN 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 April 25, 2002, 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). Page 3 of 5 K\Planning DeptlEagle Application,\Dr\200Z\DR-Zl-OZ ,ign drf.doc BOARD DECISION: The Board voted 5 to 0 (Howard absent) to approve DR-21-02 for a design review application for a building wall sign within Eagle Pavilion Shopping Center 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. Install the proposed building wall sign at a consistent bottom height with the Great Clips sign located to the west of this proposed sign. Provide a revised elevation showing the Mom's Café and Espresso sign and the Great Clips sign at a consistent bottom height. The revised elevation should be reviewed and approved by staff prior to issuance of a sign permit. 2. Seal any existing penetrations left by the removal of the former sign prior to complete installation of the new si jpl issuaRee of a sign permit. 3. Remove the banner sign~ located on the front of the building immediately after the new si~ is installed prier to issænee ef a sigH permit. 4. The applicant shall be required to comply with all applicable conditions of the master sign plan for this site (DR-43-98 MOD). 5. 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. 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 desi~ review plans must be approved prior to construction/installation of such chan~es. Failure to do so may result in the requirement to modify the project to comply with the approve desi jpl review and/or result in the inability to issue a Page 4 of 5 K:\Planning DeptlEagle Application,\Dr\200Z\DR-Zl-OZ ,ign drf.doc certificate of completion for your project. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on March 6,2002. 2. Notice of this public hearing was mailed to property owners abutting the subject property in accordance with Eagle City Code on March 25, 2002. 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-21-02) 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. 4. The Design Review Board emphasizes that per Eagle City Code 8-2A-8(L)(7), that the applicant is required to remove the temporary wall sign when the permanent wall sign is installed. DATED this 9th day of May 2002. ATTEST: """""". ~" ~ ~......" Of SA-at ~.. ~ ~ .¡I'~ is! ¡ Ù'lr ~,OR"'1'~ \ E 10 «': ::CJ - : . . -. -.. . « . \.. "". . \ \.~ s~~ Q~oi II! ..~ ~.~'" , .'" ..~l?POR >. ... ~ ",:0 ""1 V"» ........ \.'9 ..""" II, -11'E 0 \' ,," " ", ""11'11.'" ~~alci:?1l~ Page 5 of 5 K:\Planning DeptlEagle Applications\Dr\200Z\DR-Z1-OZ ,ign drf.doc