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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 ) ) ) ) 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) Page 1 of 4 K:\Planning DeptlEagle Applications\DrlI998\DR-43-98 MOD3 sign drf.doc 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. Page 2 of 4 K:\P1anning DeptlEagle Applications\Dr\l998\DR-43-98 MOD3 sign dtf.doc 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. Page 3 of 4 K:\Planning DeptlEagle ApplicationsIDrl1998\DR-43-98 MOD3 sign dtf.doc 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: """""" ~~", ~ 'i 1 "" ~.. r ..-,.0; '#, ~..-{., ""',"--^'#. :> " .,' ", <::- ~" ....... ., . " ... ;';>' ~ ' ì. '" Iv.~ '«..-- = : \*= :: <J'- : : i if ~ ,1 f: : -- to . ,oJ....: 0 : "'. /).~ ~ ",. ,'~' . ... .... Ú' . " .- :> #', . . ,.' ~ ~ ,.." "\' \ .." "'" ,-' "~" ""'11""'" lA ~q \L 3E~ -- Sharon' K. Moore, Eagle City CI rk Page 4 of 4 K:\Planning DeptlEagle Applications\Drll998\DR-43-98 Mom sign dtf.doc