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Findings - DR - 2003 - DR-07-03 - Construct A Building Wall Sign For Homeland Realty/Eagle Plaza Shopping Center BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A BUILDING WALL SIGN FOR HOMELAND REALTY FOR JOSEPH LUCAS ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-O7-03 The above-entitled design review application came before the Eagle Design Review Board for their action on March 13, 2003. 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: Homeland Realty, represented by Joseph Lucas, is requesting design review approval to construct a building wall sign for Homeland Realty within Eagle Plaza Shopping Center. The site is located at the northwest corner of East Plaza Street and 2nd Street at 228 East Plaza Street, Suite G 1. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 6, 2003. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 23, 1997, the Eagle Design Review Board approved a design review sign application for a master sign plan for Eagle Plaza (DR-27-97). On December 14, 1999, the Eagle City Council approved a design review sign application to modify the master sign plan for Eagle Plaza (DR-27-97 MOD). D. COMPANION APPLICATIONS: None E. ZONING DESIGNATION: CBD (Central Business District) F. SIGNAGE: Sign Data Proposed Required Wall Sign Dimensions 2' 4" high x 5' 8.75" wide N/A Area of Sign age 14-square feet 26.25-square feet (maximum) Illumination Neon (60-milliamps) 430-milliamps (maximum) Building Wall Sign G. AGENCY RESPONSES: None H. LETTERS FROM THE PUBLIC: None received to date Page 1 of 4 K\Planning DeptlEagle ApplicationsIDr\2003IDR-07-03 sign drfdoc 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) . . 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. C. DISCUSSION: . 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 MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on March 13,2003, 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). BOARD DECISION: The Board voted 6 to 0 (Barnes absent) to approve DR-07-03 for a design review application for a building wall sign with the following staffrecommended site specific conditions of approval and standard conditions of approval. Page 2 of 4 KIPlanning DeptlEagle ApplicationsIDr\2003\DR-07-03 sign drfdoc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The applicant shall be required to comply with all conditions of approval set forth in the modification of the master sign plan of Eagle Plaza Shopping Center (DR-27-97 MOD). 2. A sign permit is required prior to the installation of this tenant sign. ST ANDARD 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 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 February 6,2003. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-07-03) 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. Page 3 of 4 K:IPlanning DeptlEagle ApplicationsIDr\2003IDR-07-03 sign drfdoc DATED this 27th day of March 2003. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho ATTEST: c...-J ~ ,,-L.. - k ~ ßJ..WL, Sharon K. Moore, Eagle City Cle k ", "II"""" ..."" OF 1:<4 """- ......'" ",~~."...... 0; ~'#. .: ..:-- .. .. '<...~ ill'. .: v. --VOR A ..V'" ~ : .. 0"" ., r1o. .. ~ ::c v'. ~ . . . . =*: <..- :*æ . . . . : ....., '" 1'1;:::: : ':0 ..¡..... 'd,o,. . * .^ . (: " . 0 : .... v'-:>,' . ,"""..'.~- #.r'O, '."...,.- ##"'1 "".""",?,>,...'" #" J r C l' \"9 ", "## .' ,.' t"'..I..I'" Page 4 of 4 KIPlanning DeptlEagle ApplicationsIDr\2003IDR-07-03 sign drfdoc