Findings - DR - 2003 - DR-45-03 - Internally Illuminated Building Wall Sign/393 W. State Street
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR A BUILDING WALL
SIGN FOR CURVES FOR WOMEN
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-45-03
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 11, 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:
Cindy Heriford with Curves for Women, represented by Tony Meade with Idaho Electric Signs
Inc., is requesting design review approval to construct an internally illuminated building wall sign
for Curves for Women. The site is located on the south side of State Street within Bosanka
Village at 393 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 7, 2003.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 11, 1996, the City Council approved a master sign plan for Bosanka Village with the
recommendations of the Design Review Board. Interior illumination of the signs was not
permitted with that approval.
On July 23, 1996, the Council acted on a request for reconsideration of the action taken on the
master sign plan on June 11, 1996. Interior illumination of signage was permitted with the July
23, 1996, reconsideration by Council.
On January 21, 1997, the Planning and Zoning Commission approved two wall signs within the
Bosanka Village, to comply with the master sign plan and sign ordinances in effect on June 11,
1996, with the following condition:
1. Approved this proposal for signage on the basis that the applicant's properties are impacted by
a master sign plan and that the master sign plan shall control these properties until 10 years
from the date of the enactment of the new sign ordinance #276, as passed on September 5,
1996. The master sign plan, along with the master sign plan controls on Bosanka Village, will
expire at the end of that ten year period.
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: CBD (Central Business District)
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F. SIGNAGE:
Si n Data
Re uired
Wall Si n Dimensions
Area of Si na e
3' hi h x 8' 10" wide
N/A
Illumination
27 -s uare feet
Neon 65-watt
28-s uare feet (maximum)
430-milli am s (maximum)
G. SIGN MATERIALS:
Pan Channel Letters - White Pre-finished aluminum returns and aluminum backs
Face of Letters - Plexiglass overlaid with plum purple translucent vinyl with silver trim cap
Raceway - sheet metal primed and painted to approximate building color
H. AGENCY RESPONSES: None
I. LETTERS 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. BOSANKA VILLAGE MASTER SIGN PLAN CONDITIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
I. All signage within the Bosanka Village will be required to comply with the master sign plan as
approved on June 11, 1996, (see attached "Bosanka Village Master Sign Plan text", and buildings
"A, Band C" elevations for approved sign locations), for signage as approved on June 11, 1996.
Interior illumination shall be permitted as approved on July 23, 1996.
2. "Required conformance to sign ordinances", as referred to within the "Bosanka Village Master
Sign Plan text" (see attached), shall apply to those sign ordinances in effect on the date of the
application for the master sign plan, February 28, 1996, (Eagle City Code Sections 7-2-1 to 7-2-14
and Eagle City Code Sections 8-2A-l to 8-2A-11).
3. "Required approval by the City's Design Review Board", as referenced within the "Bosanka
Village Master Sign Plan text" (see attached), shall mean that all signage shall be reviewed and
approved by the Design Review Board, with respect to #2 above. The Design Review Board shall
be the approving body, Sign applications within Bosanka Village shall not require Planning and
Zoning Commission and/or City Council approval.
If a quorum of the Design Review Board is not present at the meeting scheduled for review of any
proposed sign the Zoning Administrator shall act as the Design Review Board and shall approve,
approve with conditions, or deny the application.
4. As noted in item "C-3" of the "Bosanka Village Master Sign Plan text" (see attached), "The only
type of signage allowed will be individually internal illuminated pan channel letters, illuminated
by neon with plexiglass faces", with sculptured cabinets to be considered also.
As clarification, all other signage is prohibited (Le.: signs hanging on the property line perimeter
wall. window signs. etc.) unless specifically permitted within the "Bosanka Village Master Sign
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Plan text" attached, or as specifically permitted within Eagle City Code Section 7-2-14 attached,
with the following exceptions:
A. A business identification banner will be permitted on a temporary basis, not to exceed 45 days,
during approval and construction of any wall sign for a new business within Bosanka Village.
The banner shall not be larger than the wall sign that would be permitted under this master
sign plan, and shall only be located on the face of the building where the wall sign is permitted
per the master sing plan (see attached elevations showing permitted locations).
B. Up to 50% of the window area may be painted for seasonal decorations, if approved by the
landlord. (Window advertising signs, painted or otherwise, are prohibited as noted above.)
5. The maximum square footage permitted for any interior illuminated wall signs, as stipulated in "E-
7" of the "Bosanka Village Master Sign Plan text" (see attached), shall be calculated as follows:
Entire length of the business lease area;
multiplied by the height of the store front (finish floor to roof line - top of building)
multiplied by 0.15;
multiplied by 0.25.
The result of this calculation will equal the maximum square footage permitted for any interior
illuminated wall sign.
6. A building/zoning permit will be required to be issued after Design Review Board approval of any
sign. All signs will be inspected, by the Building Official, for compliance with building codes,
and compliance with the plans approved by the Design Review Board.
7. On September 5, 2006, the master sign plan will expire and all existing non-conforming signage
within Bosanka Village will be required to comply with any sign ordinances in effect on that date,
and all existing non-conforming signs within the city are required to be brought into compliance
also.
If, however, all existing non-conforming signs within the City are not required to be brought into
compliance at that time, then Bosanka Village will not be required to replace its existing non-
conforming signs either, However, any new signs proposed for Bosanka Village, or any change in use
for any business within Bosanka Village after September 5, 2006, shall be required to be in
compliance with any sign ordinances in effect on that date.
C. 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
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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.
D. DISCUSSION:
. 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 MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on September 11, 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/representative).
BOARD DECISION:
The Board voted 5 to 0 (Barnes and Bowen absent) to approve DR-45-03 for a design review
application for a building wall sign for Curves for Women with the following staff recommended site
specific conditions of approval and standard conditions of approval with text shown with underline to
be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The proposed sign meets the master sign plan as approved on June 11, 1996, (see attached "Bosanka
Village Master Sign Plan" text. Interior illumination of signage shall be permitted as approved on July
23, 1996.
2. The sign shall be sealed tight against the background so as not to allow light to bleed out of the
individual cabinets.
3. A sign permit is required prior to the installation of this tenant sign.
4. Provide a revised elevation plan showing the three inch (3") "@" trademark removed from the sign.
The revised elevation plan shall be reviewed and approved by staff prior to the City accepting a sign
permit for this site.
5. Upon termination of lease. the building wall sign shall be removed and the fascia of the building shall
be left in good condition. Any holes left by the removal of the sign shall be filled in a workmanlike
manner and painted to match the color of the building.
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.
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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 August 7, 2003.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-45-03) 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.
DATED this 25th day of September 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
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