Findings - DR - 2003 - DR-61-03 - Construct 2 Building Wall Signs/Eagle Pavilion Shopping Center/396 E State Street
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR TWO BUILDING
WALL SIGNS FOR THE MONEY TREE INc.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-61-03
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 13,2003. The Board continued the item to December 11, 2003, and made their decision at
that time. 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:
Money Tree Inc., represented by Russ Doughty with Lytle Signs Inc., is requesting design review
approval to construct two (2) building wall signs for The Money Tree store. The site is located on
the northeast corner of Eagle Road and State Highway 44 within the Eagle Pavilion Shopping
Center at 396 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 30, 2003.
C. illS TORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2000, the Eagle City Council approved a design review sign application for two
building wall signs for the Mr. $1.00 store (DR-35-00) at this site.
D. COMPANION APPLICATIONS: None
E. ZONING DESIGNATION: CBD-DA (Central Business District with development agreement)
F. SIGNAGE:
Si n Data
Re uired
Wall Si n Dimensions
Area of Si na e
l' 6" hi h x 16' wide
N/A
24-s uare feet
27-s uare feet (maximum)
Illumination
Check CashinglPayday Loans - Halo illuminated 430-milli amps (maximum)
- 60 milli amps
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Si n Data
Re uired
Wall Si n Dimensions
Area of Si na e
1 ' 4" hi h x 27' 1" wide
N/A
36-s uare feet
45-s uare feet (maximum)
Illumination
Check CashinglPayday Loans - Halo illuminated 430-milli amps (maximum)
- 60 milli amps
Mone Tree scul ted cabinet - 300 milli am s
G. SIGN MATERIALS:
Halo illuminated letters = Aluminum (Golden Yellow)
Money Tree sculpted cabinet = Aluminum cabinet, plexiglass face with vinyl overlay (multiple
colors)
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:
. Protect and enhance the small town character of the City by requiring sign age which is creative
and distinctive, compatible with its surroundings, and an integral component of the style and
character of the building to which it relates.
B. ZONING CODE PROVISIONS WIllCH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-2A-2(B)
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.
.
Section 8-2A-6(A)(4)
Signage for any project shall provide for business identification and minimize clutter and
confusion on and off the site.
.
Section 8-2A-6(A)(4)(c)
Signs are to provide effective and necessary business identification systems adapted to the
building design.
Section 8-2A-6(A)(4)(e)
.
The size, location. design. color, texture, lighting. landscaping, and hours of operations of all
permanent signs and outdoor advertising structures or features shall not detract from the
function of. or design of, buildings, structures, surrounding properties, neighborhoods, or
streets.
.
Section 8-2A-8(C)(5)
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Sign materials and overall appearance shall compliment with the building architecture and
colors as determined by the Design Review Board.
.
Section 8-2A-8(E)( I)
The design review board must find that any internally illuminated sign which may be
permitted under the specific regulations within this chapter shall be designed such that
brightness levels shall be controlled to assure a soft subtle effective light in accordance with
other city regulations intended to create and maintain the American northwest 1870s' to 1930s'
architectural appeal. A maximum of 430 milliamps may be permitted for any internally
illuminated sign subject to design review board approval.
.
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.
C. DISCUSSION:
.
The applicant is proposing to construct two (2) halo illuminated building wall signs, one on the
south building elevation and the other on the west building elevation. The color of the "Check
Cashing Payday Loans" is proposed to be Golden Yellow, which does not blend with the colors of
the building or the surrounding development. Per Eagle City Code, sign materials, overall
appearance, and color shall compliment the building architecture and colors and surrounding
properties. The applicant's representative has indicated within the justification letter (date
stamped by the City on September 30, 2003) that the Money Tree would like to stay with their
traditional yellow letters but would consider using the color blue.
Because the site is located adjacent to two (2) highly visible roadways and has the potentia] to
convey a statement about the character City of Eagle. special attention should be given to the
overall appearance of these two building wall signs as they relate to the building architecture and
color and surrounding properties.
The applicant should be required to provide revised elevation plans showing the color of the
"Check Cashing Payday Loans" phrase to be of a color that complements the colors of the building
and the surrounding properties (i.e.: burgundy, forest green, navy blue). The revised elevation
plans should be reviewed and approved by the Design Review Board prior to the City issuing a
zoning certificate for this site.
.
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 November 13, 2003. The
application was continued to December 11, 2003, at which time the Board made their decision.
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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 4 to 0 (Floegel, McCullough, and Stanger absent) to approve DR-61-03 for a
design review application for two building wall signs for The Money Tree for Money Tree Inc.,
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. Provide revised elevation plans showing the color of the "Check Cashing Payday Loans" phrase to be
half the size of the Money Tree logo of a color that complemeats tee (;010r8 of tHe bl:1ildiag and the
saIToandiag properties (i.e.: bl:1rgl:1fldy. f{)f-est gr-eea, aavy 131I:1e). The returns on each of the letters shall
be bronze instead of yellow. The revised elevation plans shall be reviewed and approved by staff and
one member of the Design Review Board prior to the City issuing a zoning certificate for this site.
2. A sign permit is required prior to a sign 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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 30, 2003.
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2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-61-03) 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 8th day of January 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
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Eric R. McCullough, Chai an
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Sharo~-X. Moore, Eagle City lerk
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