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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. ) ) ) 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 Page 1 of 5 K:\PL:uming Dt:pl\Eagle Applìcations\Drl2003\DR-6L-O3 sign ùrf.ùoc 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) Page 2 of 5 K:\Planning DeptlEaglt: Applications\Dr\2003\DR-61-03 sign drtdoc 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. Page 3 of 5 K:\PlamUng DeptlEagle Apptications\DrI2003\DR-61-03 sign drf.doc 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. Page 4 of 5 K:\PlalUting D.ptlEagle Appüoations\Drl2003\DR-61-03 sign ùrf.òo, 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 Ada ~ Idaho ~ £~~/ Eric R. McCullough, Chai an ATTEST: """""" """ '" &~I OF E,<\,.., 'I#. ..~ 41 Vi; ." .. ~ ~ ------. ~~ ~ ~.. ,"'" ..- --. v- ~ ~ ú .-. ~VOR41' -.. \ :.0 ~. ~ : :ú .:*= . . _.- . : * : ~: : " \"'" C\~, ^ 1 ,~ ~ : '\ .61.~, ' ^" ;: ** Û',', ", ., $ ", " , .' ,,?v'.. III~ <1 :/'£ .0"1< \'\), ....,,~ "" "'~" """""" , fi (~\<'... ~ c.9-ð+'L Sharo~-X. Moore, Eagle City lerk Page 5 of 5 K:\Planning DeptlEag1e Applications\Drl2003\DR-61-03 sign drt:doc