Findings - DR - 2003 - DR-43-98 MOD - Modification To Master Sign Plan For Eagle Pavilion
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR A MODIFICATION TO
THE MASTER SIGN PLAN FOR EAGLE PAVILION
SHOPPING CENTER FOR PETE LOY A
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-43-98 MOD
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:
Pete Loya, represented by Chuck Buckner with Idaho Electric Signs Inc., is requesting design
review approval to modify the master sign plan for the Eagle Pavilion Shopping Center. The site is
located on the northeast corner of S. Eagle Road and ~tate Highway 44 at 480 S. Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 15,2003.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 12, 1999, the Eagle City Council approved a design review sign application for the
master sign plan criteria for Eagle Pavilion Shopping Center (DR-43-98).
On January 11,2000, the Eagle City Council approved a design review sign application to modify
the master sign plan criteria for Eagle Pavilion Shopping Center (DR-43-98 MOD).
D, COMPANION APPLICATIONS: DR-35-03 (building wall sign for Carats Fine Diamonds and Gold)
DR-46-03 (building wall sign for The UPS Store)
E. ZONING DESIGNATION: CBD-DA (Central Business District with Development Agreement)
F. SIGNAGE:
Si n Data
Wall Sign Dimensions
Re uired
Variable (depending on tenant's total Variable (tenant's total store
store frontage multiplied by a ceiling frontage multiplied by a ceiling
hei ht of 14') hei ht of 14')
Area of Signage
5% of the tenants store frontage
(maximum)
or 430-milli amps (maximum)
Illumination
Internally illuminated (neon
fluorescent - 430 MA maximum)
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G. AGENCY RESPONSES: None
H. 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. 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)(l)
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:
.
The applicant is proposing to modify the master sign plan criteria for the Eagle Pavilion Shopping
Center, with changes including the removal of the maximum display height allowed for building
wall signs (currently limited to an overall height of two feet (2'». Also, the modifications include
requiring all signs within the shopping center to be internally illuminated. There are no changes
proposed to the primary monument sign located on Eagle Road or the secondary monument sign
located on State Highway 44.
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.
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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-43-98 MOD for a design
review application to modify the master sign plan for the Eagle Pavilion Shopping Center for Pete
Loya, with the following staff recommended site specific conditions of approval and standard
conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The City approved copy of the "Master Sign Plan Eagle Pavilion" stamped "ORIGINAL" and received
and dated by the City of Eagle on September 4, 2003, and as modified herein shall be the approved
copy. The master sign plan is attached hereto and included herein by reference.
2. A sign permit is required prior to any signs 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 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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 15, 2003.
2, The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-43-98 MOD) 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,
ATTEST:
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