HomeMy WebLinkAbout2002 10 28 Public Hearings D Special Exception for Helium-filled Balloons for Publix Grand Opening
COMMISSION AGENDA
ITEM D
Consent
Information
Public Hearin2 X
Re2ular
October 28. 2002
Meeting
IDept. IY
MGR. ()
REQUEST: Community Development Department, Land Development Division, presents to
the Commission, in its capacity as the Development Review Committee (DRC)
the recommendation of the staffDRC as it relates to the request of Pub Ii x for a
special exception to allow helium-filled balloons and possibly other prohibited
signs as part of the Publix grand opening at the Town Center.
PURPOSE: The purpose of this agenda item is to present to the Commission, in its capacity as
DRC, the staffDRC recommendation regarding the request by Publix to use
banners, pennants, and helium balloons in their grand opening. All signs in the
Town Center are subject to review by the City Commission, in its capacity as the
DRC. The Town Center Code does not address temporary signs. Temporary
signs are addressed in Subsection 20-470 (16) ofthe SR 434 New Development
District. Balloons are prohibited in Section 16-57 of the City's sign code as well
as in Subsection 20-470 (14) (m) of the SR 434 New Development District. To
the extent that the Town Center Code is silent on an issue that other sections of
the Code address, those other sections apply (Subsection 20-320 (b)).
APPLICABLE CODE:
Sec. 16-51. Definitions.
Balloon display is any balloon anchored on private property for the purpose of
advertisement.
Banner is any strip of cloth, plastic or other flexible material on which a sign is printed,
painted, or otherwise displayed.
Sec. 16-57. Prohibited signs.
The following signs are hereby prohibited:
October 28, 2001
Public Hearing Item D
Page 2
(8) balloon displays;
Sec. 20-320. Intent.
(b) ... To the extend that this division is silent where other codes govern, they shall
apply.
Sec. 20-321. Administration.
b. Review process.
(1) Applications are subject to review by the development review committee. The
committee shall have authority within reason for approving all aspects of site planning
and exterior architecture, including aesthetic appropriateness, environmental implications,
traffic impacts, and any other site-specific matters not delineated herein.
(2) Optional preliminary review: Applicants may, at their option, submit designs in
schematic or sketch form to the development review committee for preliminary approval,
subject to further review.
(3) Applicants shall submit the following items to the land development division of the
department of community development for review:
a. a current site survey, no more than one (1) year old.
b. A current tree survey, no more than one (1) year old.
c. A site plan, drawn to scale, which shall indicate:
1. Building locations and orientations, and landscape areas;
2. Parking locations and number of spaces;
3. Paved surfaces, materials and location(s);
4. Site location diagram and legal description; and
5. Signage.
d. Building elevations illustrating all sides of the structures facing public
streets and spaces.
October 28, 2001
Public Hearing Item D
Page 3
e. A parking analysis justifying the proposed parking solution (such as
Shared Parking, by Barton Aschman Associates, The Urban Land
Institute).
f. Other reasonable supporting documents to indicate intentions and/or any
other items reasonably required by the development review committee.
c. Special exceptions:
The City Commission may by special exception waive strict compliance with
provisions of this code. In granting a special exception, the City Commission must
find by substantial competent evidence that:
1. The proposed development contributes to, promotes and encourages the
improvement ofthe Winter Springs Town Center and catalyzes other development
as envisioned in the Winter Springs Town Center Regulations.
2. The proposed development will not have an unfavorable effect on the
economy ofthe Winter Springs Town Center.
4. The proposed development meets any reasonable additional conditions,
restrictions or limitations deemed necessary by the City Commission in order to
preserve and promote the intent of the Winter Springs Town Center Master Plan.
Procedures for Special Exceptions:
1. Approval may be granted only after a minimum of two discretionary reviews.
The first review shall be before the Development Review Committee, at which
time the Development Review Committee shall review the project and provide to
the City Commission an advisory recommendation regarding approval, approval
with conditions, or disapproval. The second review shall be a public hearing held
before the City Commission and shall be held no sooner than seven calendar days
following the Development Review Committee hearing.
2. Requests for special exceptions under this ordinance shall include each exhibit
required in the Administration Review Process per subsection 20 - 321 (b).
In addition, the City Commission may within reason require additional exhibits
and may defer approval of the special exception application or schedule an
additional public hearing or hearings to review those exhibits.
3. Special exceptions shall not be unreasonably withheld, but the City
October 28, 2001
Public Hearing Item D
Page 4
Commission shall have authority to require that the applicant satisfy any
additional conditions it deems necessary to fulfill goals of the master plan,
including reasonable offsite improvements directly related and proportionate to
the specific impact of the request, or further review(s) and approval by the
Development Review Committee.
4. The City Commission may grant the approval of an application for special
exceptions from the code in whole or in part upon a majority vote of its members.
Sec. 20-470. Signs.
(14) Prohibited signs: The following signs and/or devices are prohibited in the
corridor.
m. Balloon signs.
(16) Temporary signs for special events.
a. Permits for temporary signs, such as pennant and banner signs, not otherwise
prohibited are allowed for such purposes as auctions, special events, notice of
opening of new businesses, and going-out-of-business sales. Permits for
temporary signs shall authorize the erection of the signs and maintenance thereof
for a period not exceeding fourteen (14) days; and permits cannot be renewed on
the same sign, nor shall another temporary permit be issued on the same location,
within ninety (90) days from the date of expiration of any previously issued
temporary permit.
b. Signs for special events shall be removed within two (2) working days after
conclusion of the event. A free-standing temporary sign shall be no larger than
thirty-two (32) square feet, and may be double sided. Banner signs may be sized
to extend across roads.
CONSIDERATIONS:
Staff received an "eleventh hour" request from Publix to use flags, banners, strands of pennants
attached to light poles, and helium balloons for one week prior to and one week after the
November 7, 2002, grand opening. No description of the size or number of balloons has been
provided.
The staffDRC has met and recommended approval ofa special exception to allow Town Center
site, subject to filing an application, paying the $500 fee, fully describing the size and number of
balloons to the City Commission, no intentional balloon releases, maintaining an adequate line of
sight for all internal and external vehicular movements, and complying with all other applicable
codes and regulations.
October 28, 2001
Public Hearing Item D
Page 5
FINDINGS:
1. Publix has requested permission to allow flags, banners, strands of
pennants, and helium balloons to be used as part of advertising and announcing
the Publix grand opening in the Town Center District.
2. The Town Center Code is silent on temporary signage, but requires all
signs be subject to a discretionary aesthetic appropriateness review by the DRC to
maintain consistency with the Town Center.
3. Where the Town Center Code is silent on an issue that other sections of
the code govern, those other sections apply.
4. Section 16-57 (Sign Code) prohibits balloon displays, while Section 20-
470 (SR 434 New Development District) prohibits balloon signs but provides for
temporary signage (including, but not limited to, pennant and banner signs).
5. A special exception requires payment of a $500 fee and appropriate
submittals required by City Code.
6. The staffDRC recommends approval of the special exception to allow
flags, pennants, banners, and helium balloons as part ofthe Publix grand opening
at the Town Center, subject to paying the $500 fee, filing an application, no
balloon releases, fully describing the size and number of balloons, maintaining an
adequate line of sight for all internal and external vehicular movements, and
complying with all applicable codes and regulations.
RECOMMENDATION:
The Staff Development Review Committee recommends that the City
Commission approve the special exception to allow flags, pennants, baJ1!1ers, and
helium balloons, subject to paying the $500 fee, filing an application, no balloon
releases, fully describing to the City Commission the size and number of balloons,
maintaining an adequate line of sight for all internal and external traffic
movements, and complying with all applicable codes and regulations.
ATTACHMENTS:
A Memos documenting request for flags, banners, pennants, and balloons.
CITY COMMISSION ACTION:
ATTACHMENT A
INTEROFFICE MEMORANDUM
TO: JOHN BAKER
FROM: MAX EPSTEIN
SUBJECT: PUBLIX GRAND OPENING
DATE: 10/21/2002
CC: KIP LOCKCUFF AND RON MCLEMORE
JOHN,
As discussed with you on Friday and the City Manager this morning, please put Publix on
the agenda for the commission meeting to be held on October 28, 2002. Publix has requested
permission to hold their grand opening celebration with the following:
)> Banners
)> 16 Strands of pennants attached to the light post
)> Helium Balloons
Time period to begin 1 week before opening and 1 week after the opening.
John Bc:lker
From:
Sent:
To:
Cc:
Subject:
Max Epstein
Monday, October 21, 2002 10:04 AM
Jan Palladino; Ron McLemore
John Baker
PUBLlX GRAND OPENING
Ron,
I received a call from Publix's Public Relations group on Friday regarding their grand opening on November 7,2002. They
would like to put up banners, helium balloons and flags one week prior to the opening and continue one week after the
opening. The code does not allow flags and balloons. Does this need to go to the commission for approval?? If yes, can
John sche,dule it as an agenda item for the 10/28 commission meeting?
Thanks,
Max
1