Findings - DR - 2002 - DR-41-02 - Construct Two Monument Signs And One Directional Signs For Old Town Square 222 - 360 E State St
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
TWO MONUMENT SIGNS AND ONE
DIRECTIONAL SIGN FOR OLD TOWN
SQUARE FOR OLD TOWN I
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-41-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on July 11, 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:
Old Town I, LLC, represented by Mark Butler with Land Consultants Inc., is requesting design
review approval to construct two monument signs and one directional sign for Old Town Square.
The site is located on the northeast corner of State Street and 2nd Street at 222 - 360 East State
Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 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 June 21, 2002.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
Recently the applicant obtained City approval to construct a paved parking lot behind the four
office/retail buildings located on the north side of State Street (222, 238, 242, and 360 East State
Street) and the one multi-tenant office building located on the east side of 2nd Street (50 and 52
North 2nd Street). Due to the finding that the five (5) buildings within Old Town Square are
owned and/or managed as a unit related in location and type of shops, these buildings closely
resemble a neighborhood shopping center (as defined by Eagle City Code).
E. COMPANION APPLICATIONS: N/A
F. ZONING DESIGNATION: CBD (Central Business District)
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G. SIGNAGE:
Sign Data Proposed Required
Wall Sign Dimensions 3' high x 2' wide N/A
Area of Signage 6-square feet N/A
Illumination l50-watt high pressure sodium Interior-illumination prohibited
(from the historic light fixture
located above this sign)
Light Pole Sign
West Monument Sign (located at the northeast corner of State Street and 2nd Street)
Sign Data Proposed Required
Sign Dimensions 3' high x 5' 4" wide 6-feet high (maximum)
Area of Signage 16-square feet (approx.) 30-square feet (maximum)
Illumination None proposed Interior-illumination prohibited
Sign Landscaping None proposed 48-square feet (minimum)
East Monument Sign (located between the Eagle Vacuum Shop and City Hall sign)
Sign Data Proposed Required
Sign Dimensions 3' high x 5' 4" wide 6-feet high (maximum)
Area of Signage l6-square feet (approx.) 30-square feet (maximum)
Illumination None proposed Interior-illumination prohibited
Sign Landscaping 1O0-square feet (approx.) 48-square feet (minimum)
H. AGENCY RESPONSES: None
I. LETIERS 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: (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)
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.
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)(10)
Special portable signs, which are not classified as portable temporary signs as regulated
within this Title, which are used on an ongoing daily basis throughout the year may be
permitted by the City if the following criteria is complied with:
a. Special portable signs shall require a design review application and Design Review
Board approval.
b. Special portable signs shall be unique in character with styles used in l870s' to 1930s'
American Northwest architecture. Materials shall be weatherproofed and shall be
properly maintained.
c. Illumination for special portable signs is prohibited.
d. No more than one special portable sign shall be permitted for any business.
e. Special portable signs shall be a maximum of sixteen (16) square feet along roadways
with three (3) or less travel lanes with a speed limit of twenty five miles per hour (25
mph) or less and twenty five (25) square feet along roadways with more than three (3)
travel lanes or along roadways with a speed limit of over twenty five miles per hour (25
mph).
f. Special portable signs shall be a maximum of five feet (5') in height along roadways
with three (3) or less travel lanes with a speed limit of twenty five miles per hour (25
mph) or less and seven feet (7') in height along roadways with more than three (3) travel
lanes or along roadways with a speed limit of over twenty five miles per hour (25 mph).
g. Special portable signs shall only be permitted on, or on the sidewalk adjacent to, the
parcel on which the business is located and shall not be permitted on any other parcel
except that any multi-tenant site shall have the sign on the site and not on any other site.
h. Special portable signs on a public sidewalk abutting the business's parcel may be
permitted if a minimum of five feet (5') of unobstructed walkway, or ADA required
minimum, remains for pedestrians.
i. Any sign in a driveway or street sight vision triangle shall be a maximum of thirty two
inches (32") high measured from the driveway or street.
j. Special portable signs shall not be permitted to be on or within any berm or any
portion of a landscaped area.
k. Special portable signs shall be moved inside of the building at the end of each
business day.
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Section 8-2A-8(D)(2)
A freestanding single tenant building, not in a shopping center, shall be permitted to
construct, erect and maintain one monument sign per street that it abuts to identify the
business to which it pertains. The height of any such sign, including the base to which it is
attached, shall not exceed eight feet (8'). The exposed surface of any such sign shall not
exceed fifty (50) square feet per exposed surface except that the exposed surface of any such
sign within forty feet (40') of a building shall not exceed six feet (6') in height and thirty (30)
square feet per exposed surface.
A double-faced monument sign is permitted.
The minimum distance between any monument sign for an individual business, not in a
shopping center, shall be one hundred feet (100'). No monument sign shall be any closer than
twenty feet (20') from a monument or other freestanding sign on an adjacent property.
.
Section 8-2A-8(D)(2)
Directional signs within the boundaries of a shopping center are permitted only with the
approval of the Design Review Board.
.
Section 8-1-2 SHOPPING CENTER:
.
A group of commercial establishments, planned, developed, owned and/or managed as a unit
related in location, size and type of shops to the trade area the unit serves. Shopping centers
shall provide services for a neighborhood or for the community. Neighborhood centers will
typically be comprised of between thirty thousand to one hundred thousand (30,000 -
100,000) square feet of gross leasable floor area and community centers will typically be
comprised of between one hundred thousand to four hundred fifty thousand (100,000 -
450,000) square feet of gross leasable floor area.
Section 8-2A-8(J)(I)
No person shall erect a sign upon any property owned or controlled by the City without first
having procured a lease of the property from the City. Before any lease shall be granted for
the erection and maintenance of a sign upon property of the City, a sign approval application
shall be required with any additional information which the Zoning Administrator shall deem
necessary to carry out the purposes and intent of this Chapter.
C. DISCUSSION:
.
The applicant is proposing to construct one monument sign at the northeast corner of State Street
and 2nd Street. This sign is proposed to be constructed on the existing brick wall that is located
below the outdoor plaza area for the building located at 222 East State Street. A second
monument sign is proposed to be located on the property located at 360 East State Street
approximately three and one half feet (3 W) from the east property line. The five (5) buildings
that are proposed to be included in "Old Town Square" closely resemble a shopping center (as
defined by Eagle City Code).
Eagle City Code defines a Shopping Center, in part, as:
A group of commercial establishments, planned, developed, owned and/or managed as a unit
related in location, size and type of shops to the trade area the unit serves. Shopping centers
shall provide services for a neighborhood or for the community.
Due to the finding that the five (5) buildings within Old Town Square are owned and/or managed
as a unit related in location and type of shops, it is staff's opinion that these buildings closely
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resemble a neighborhood shopping center (as defined by Eagle City Code). Therefore,
implementation of the shopping center signage regulation should applied to the Old Town
Square.
The proposed monument sign located below the outdoor plaza area for the building located at
222 East State Street at the northeast corner of State Street and 2nd Street meets the height, size,
and location for a shopping center as required per Eagle City Code. The proposed monument
sign located at 360 East State Street is proposed to be located approximately three and one half
feet (3 Y2') from the east property line, approximately twenty four feet (24') from the Eagle
Vacuum monument sign (located on the same property), and approximately twelve feet (12')
from the City of Eagle monument sign located on the property to the east at 310 East State
Street. Per Eagle City Code, no monument sign is pennitted to be any closer than twenty feet
(20') from a monument or other freestanding sign on an adjacent property. The proposed
monument sign located near the southeast corner of 360 East State Street does not meet the
minimum distance of twenty feet (20') required between the City of Eagle's monument sign
located on the property to the east and this proposed monument sign. This sign is not pennitted.
The applicant is proposing a free hanging directional special portable sign to be attached on one
of the City's historic light fixtures located on State Street near the entrance to the parking lot
providing direction to the Old Town Square parking area located behind the buildings at 238,
242, and 360 East State Street. Per Eagle City Code, directional signs within the boundaries of a
shopping center are pennitted only with the approval of the Design Review Board. This sign is
also considered a special portable sign. Per Eagle City Code, special portable signs that are to be
used on an ongoing daily basis throughout the year are permitted by the City with the review and
approval of the Design Review Board and are required to be moved inside of the building at the
end of each business day. It is staffs opinion that it is not the intent of the applicant to remove
this free hanging directional special portable sign inside the building at the end of each business
day. Also, this sign would be located on a City owned historic light fixture, therefore, requiring
the applicant to enter into a lease agreement with the City to pennit such a sign to be placed on
the historic light fixture. It is staff s opinion that it is not the intent of the City to allow signage
to be placed on the historic light fixtures, as this would be difficult to regulate as some properties
do not have historic light fixtures located in front of their business and would create additional
sign clutter. Staff defers comment regarding the design and location of this free hanging
directional special portable sign to the Design Review Board.
Staff defers comment regarding design issues and color of the proposed signs to the Design
Review Board.
.
STAFF RECOMMENDATION PROVIDED WITIDN THE REPORT:
Based upon the infonnation 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 July 11,2001, 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).
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BOARD DECISION:
The Board voted 5 to 0 (Christensen absent) to approve DR-4l-01 for a design review
application to construct two monument signs and one directional sign 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. The proposed monument sign located below the outdoor plaza area for the building located at 222
East State Street at the northeast corner of State Street and 2nd Street meets the height, size, and
location for a shopping center as required per Eagle City Code and is approved. The size of the
existin~ dirt area at the base of the si~ is cwproved and shall be landsccwed. A revised landsccwe
plan showin~ landsccwin~ at the base of this si~ shall be reviewed and approved by staff prior to
issuance of a si~ permit.
2. The proposed monument sign located near the southeast corner of 360 East State Street <:loes not
meet tHe minim1ffi'l. æstaRee oftweaty feet (20') reEJ.l:1ired betvreeR tHe City of Eagle's mORl:1meRt sign
l<:!eated OR tHe prøl3erty to the east and this proposed mOfll:HÐent sign. This monl:HÐent sign is Rat
approved. an<:l is Bot f,lermitted.
3. Interior illumination is not permitted for monument signs.
4. A sign permit is required prior to a sign being constructed on this site.
5. The cwplicant shall be req.uired to work with the pro"perty owner to the east to move their si~ to the
east side of the driveway to their site.
6. The directional si~ proposed to be located on the existin~ historic li~ht fixture is ap..Proved.
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
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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 June 6, 2002.
2. Notice of this public hearing was mailed to property owners abutting the subject property in
accordance with Eagle City Code on June 21, 2002.
3. The Board reviewed the particular facts and circumstances of this proposed design review
application (DR-41-02) 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 Board recognizes that the construction and placement of the monument sign proposed to be
located in the southeast corner of 360 East State Street does not meet Eagle City Code with regard to
the required separation distance between monument signs. However, per Eagle City Code 8-2A-
2(A)(3) which states the purpose of this chapter is to: provide planning and design guidelines to give
specific direction for downtown development, while allowing for flexibility that promotes creative,
market driven development proposals. The Board determined that the construction and placement of
this monument sign promotes the identity and character of the "Old Town Square" in this area of the
downtown business district
DATED this 8th day of August 2002.
James G. Murray, Chairman
ATIEST:
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