HomeMy WebLinkAbout2000 06 08 Regular Item A
BOARD OF ADJUSTMENT
AGENDA ITEM A
June 8. 2000
Meeting
REQUEST: Community Development Department, Land Development Division, presents to
the Board of Adjustment the request ofINTERPLAN Practice, Ltd. (as agent for
7-11) for variances to Section 20-454 (b)(4)(6) and (d)(4)(6) to allow a ground
mounted single-tenant identification sign to be exceed thirty two (32) square feet
sign copy area per face and to be higher than eight (8) feet in height; and to allow
a building mounted single tenant identification sign to exceed fourteen (14) feet
in height and to have a maximum copy area greater than sixteen (16) square feet
and the maximum letter height to be greater than two (2) feet. The proposed 7-11
store is planned to be built on the ~outhwest comer of the intersection of SR 434
and Vistawilla Drive.
PURPOSE: The purpose of this agenda item is to consider a variance request ofINTERPLAN
Practice, Ltd. (as agent for 7-11) and then recommend to the City Commission
their findings on this request which would exceed the height and copy area for a
ground mounted single tenant identification sign and a request to exceed the copy,
setting height and letter height for building mounted single tenant identification
sign. The proposed store is to be built at the southwest comer of the intersection
of SR 434 and Vistawilla Drive.
APPLICABLE CODE:
Section 20-454 Signs
(b) Ground Mounted Single-Tenant Identification Sign: One (1) wide-based
monument style, permanent project identification sign shall be permitted per
single-tenant parcel. One additional permanent wide-based monument style
project identification sign may be permitted for parcels in excess of one (1) acre
with more than one (1) ingress/egress serving more than one (1) building. The
minimum separation for all signs on an individual ownership parcel shall be two
hundred (200) feet.
(4) Sign copy area shall not exceed thirty two (32) square feet per face. For
parcels in excess of 4.0 acres, the project identification sign face may be increased
to forty eight (48) square feet.
NOTE: The applicant is requesting the sign copy area to be one hundred
(100) square feet per face.
June 8, 2000
BOA AGENDA ITEM A
Page 2
(6) The sign shall not be more than eight (8) feet in height above the closest
driveway or vehicular use area.
NOTE 1: The applicant is requesting the ground mounted single tenant
identification sign to be ten (10) feet in height.
NOTE 2: There is a Developer's Agreement for this parcel which allows
the sign height to be greater than eight (8) feet, but less than ten
(10) feet and reads:
Zimmer is allowed a height variance for three (3) ground-
mounted, single tenant signs from 8' in height to 8'9" in height.
One (1) sign is to located on future out parcell, one (1) sign is to
be located on future out parcel 2, and the third sign is the one
for Kash n'Karry on Vistawilla Drive. (This parcel has been
identified on the final engineering plans as future out parcelL)
(d) Building Mounted Single Tenant Identification Sign: In addition to the
ground-mounted identification sign, a building mounted identification sign may
be permitted consistent with the following criteria:
(4) The sign shall not either project above any roof or exceed the height of
fourteen (14) feet.
NOTE: The applicant is requesting that the sign heights vary from 15'3" for
the building to 22'0" in height for the canopy.
(6) Signs shall conform to the following schedule:
Building Size (Gross Floor Area)
Max. Copy Area
Max. Letter Height
Less than 50,000 square feet
16 square feet
2 feet
NOTE: The building is 2,960sq. ft. in size. The applicant is requesting a
total of 91 sq. ft. and the letter height on the building to be 4'.
(e) Additional Signs/Variances: Under special circumstances, such as for parcels
on comer lots, additional signs consistent with these design standards may be
approved by the City Commission, upon a request submitted to the Board of
Adjustment pursuant to Sec. 20-82 and 20-83 ofthe City Code. The Board of
Adjustment shall recommend variances of this sign code in specific cases where
such variances will not be contrary to the public interest and where, due to special
June 8, 2000
. BOA AGENDA ITEM A
Page 3
conditions, a literal translation of this sign code would result in unnecessary
hardship. All requirements, procedures, findings and appeals of sign code
variances shall follow those provisions for zoning variances.
Section 20-82. Duties and powers, general.
The board of adjustment shall make recommendations to the city commission to
grant any variance or special exception as delineated in this chapter.
(1) The board of adjustment shall have the additional following specific powers
and duties.
a.
b.
c. To recommend upon appeal such variance from the terms of this
chapter as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this chapter
will result in unnecessary and undue hardship. In order to recommend any
variance from the terms of this chapter, the board of adjustment must and
shall find:
1. That special conditions and circumstances exist which are
peculiar to the land, structure or building involved and which are
not applicable to other lands, structures or buildings in the same
zoning district;
2. That the special conditions and circumstances do not result
from the actions of the applicant.
3. That granting the variance will not confer on the applicant any
special privilege that is denied by this chapter to other lands,
buildings or structures in the same zoning district.
4. That literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this
chapter and would work unnecessary hardship on the applicant.
June 8, 2000
BOA AGENDA ITEM A
Page 4
5. That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or structure.
6. That the grant of the variance will be in harmony with the
general intent and purpose of this chapter, will not be injurious to
the neighborhood, or otherwise detrimental to the public welfare.
d. .....
(2) In recommending the granting of any variance, the board of adjustment may
recommend appropriate conditions and safeguards. Violations of such conditions
and safeguards, when made a part of the terms under which the variance is
granted, shall be deemed a violation of this chapter. The board of adjustment may
recommend a reasonable time limit within which the action for which the variance
is required shall be begun or completed, or both.
(3) Under no circumstances shall the board of adjustment recommend the
granting of a variance to permit a use not generally or by special exception
permitted in the zoning district involved, or any use expressly or by implication
prohibited by the terms of this chapter in the zoning district. No nonconforming
use of neighboring lands, structures or buildings in the same zoning classification
or district, and no permitted use of lands, structures or buildings in other zoning
classifications or districts shall be considered grounds for the authorization of a
vanance.
(4)
(5)
Section 20-83. Procedures.
(a) Upon receipt, in proper form and with appropriate fees, an application for a
variance, special exception or conditional use as delineated in this chapter, the
board of adjustment shall schedule such application for consideration at a public
meeting.
(b) All such applications will be processed within sixty (60) days of receipt of
same.
June 8, 2000
BOA AGENDA ITEM A
Page 5
( c) All meetings for consideration of a variance, special exception or conditional
use shall be noticed for at least seven (7) days prior to the date of the meeting in
the following manner:
(1) Posting the affected property with a notice of the meeting which
indicates the matter to be considered.
(2) Posting in city hall a notice of the meeting which indicates the
property affected and the matter to be discussed.
(3) At least seven (7) days prior to the meeting, the board of adjustment
shall also notifY all owners of property adjacent to or within one hundred
fifty (150) feet of the property to be affected of the time, date and place of
the meeting. Such letter must also indicate the variance, special exception,
or conditional use requested, and must require proof of delivery.
(d) All interested persons shall be entitled to the heard at such meetings or to be
heard by written statement submitted at or prior to such hearing.
(e) In the event a special exception, variance or conditional use is not authorized
by ordinances of the city, the person requesting the unauthorized action must
submit an application pursuant to section 20-28.
(f) Appeals to the board of adjustment may be taken by any person aggrieved or
by any officer, board or bureau of the city affected by any decision of an
administrative official under the zoning regulations. Such appeals shall be taken
within thirty (30) days after such decision is made by filing with the officer from
whom the appeal is taken and with the board of adjustment, a notice of appeal
specifying the grounds whereof The appeal shall be in such form as prescribed
by the rules of the board. The administrative official from whom the appeal is
taken shall, upon notification of the filing of the appeal, forthwith transmit to the
board of adjustment all the documents, plans, papers or other material constituting
the record upon which the action appealed from was taken.
(g) The board of adjustment shall fix a reasonable time for the hearing of the
appeal, give public notice thereof, as well as due notice to the parties in interest,
and make recommendations to the city commission for the appeal within a
reasonable time. Upon the hearing, any party may appear in person or by agent or
by attorney. For procedural purposes, an application for a special exception shall
be handled by the board of adjustment the same as for appeals.
June 8, 2000
BOA AGENDA ITEM A
Page 6
(h) Any variance, special exception or conditional use which may be granted by
the council shall expire six (6) months after the effective date of such action by
the city commission, unless a building permit based upon and incorporating the
variance, special exception or conditional use is obtained within the aforesaid six-
month period. However, the city commission may renew such variance, special
exception or conditional use for one ( I) additional period of six (6) months,
provided good cause is shown and the application for extension shall be filed with
the board at least thirty (30) days prior to the expiration of the six-month period.
Any renewal may be granted without public hearing, however, a reapplication fee
may be charged in an amount not to exceed the amount of the original application
fee. It is intended that provisions contained within this subsection are to be
retroactive to the extent that any variance, special exception or conditional use
previously granted shall become void if a period of time in excess of twelve (12)
months shall have lapsed, and a building permit based upon and incorporating the
variances, special exceptions or conditional uses has not been issue prior to
expiration of such time limit.
CHRONOLOGY:
April 25, 2000
- Development Review Committee Pre-application
Meeting
May 3,2000
- Informal presentation to the Planning and Zoning Board
May 22, 2000
- Informal presentation to the City Commission
FINDINGS: I) Sign variances have been granted in the SR 434 Corridor Vision Plan - New
Development Area through a Development Agreement or a Developer's
Agreement.
2) A Development Agreement is allowed under the SR 434 Corridor Vision Plan,
New Development Area. The operative sections of the Vision Plan are:
Section 20-458
Development Agreement
Any developer may propose to enter into a Development Agreement with the City
designed to set forth terms and conditions appropriate to meet the circumstances
of the specific proposed development. Such Development Agreement shall be
reviewed and approved by the City Commission. The City Commission may vary
the standards of this ordinance, including building or perimeter setbacks, parking
June 8, 2000
BOA AGENDA ITEM A
Page 7
standards, signage, and other standards. If an increase in building height beyond
fifty five (55) feet is requested, the City Commission must find that Fire
Department capabilities are adequate to address the change. Such consideration
shall be based on building site constraints or physical characteristics of the
property, provided specifically, however, that any such concessions for a
constrained site shall only be considered by the City Commission in a
Development Agreement if enhanced perimeter landscaping or buffering is
provided to assure that the objectives of this ordinance are achieved.
Section 20-459
Corridor Design Review Board
The Development Review Committee shall serve as the Corridor Design Review
Board for developments in the New Development Area Overlay Zoning District
of the SR 434 Corridor and shall review such developments for a unifying theme
accordi ng to the design standards and make recommendation( s) to the Planning
and Zoning Board. The Design Review Board shall review and make a
recommendation regarding any proposed Development Agreement pursuant to
Section 20-458 of this Code.
3) The requirements listed under Section 20-82(1)(c) have not been met.
4) The requirements of Section 20-83(c) have been met.
RECOMMENDA nON:
The Board of Adjustment forward this application to the City Commission with
the recommendation to disapprove this request. Further, the Board of Adjustment
recommend to the City Commission that this request be considered under
Sections 20-458 and 20-459 which addresses Development Agreements.
ATTACHMENTS:
- Owner authorization granting Brian Austin of Interplan Practice, Ltd.,
to act on the behalf of 7-Eleven
- Variance request summary sheet
- Proposed building mounted signage and monument sign exhibits
BOARD OF ADJUSTMENT ACTION:
(
7-ELEVEN INC.
CONSTRUCTION DEPT.
April 24, 2000
A TIN: Building Dept.
To Whom It May Concern:
Re: Permits
On behalf of 7-Eleven Inc., as an agent of the 7-Eleven convenience stores, I am giving limited power of
attorney to Brian Austin of Interplan PraCtice Ltd. and/or any agent of to act on behalf of 7-Eleven Inc. for
the review of and for the permitting of the site plan approval for the new convenience store as referenced
below:
The scope of work is for the construction of the new 7-Eleven convenience store #33009 to be located at the
intersection of S,R. 434 @ Vistawilla in Winter Springs, Florida.
If you should have any questions or concerns, please feel free to call my office.
nthony M.Edwards
Construction Manager
7-Eleven Inc.
STATE OF FLORIDA
COUNTY OF ORANGE
Before me personally appeared ~f\..~ 'U"'y "'\. t.. ~w o..;..~ to me well known and
known to me to be the person described in and who executed the foregoing instrument, and
acknowledged to and before me that (s) he executed said instrument for the purposes therein expressed.
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WITNESS .my hand and official seal, this :2. ~ "" ." day of ~ <2' \ AD., 2000.
~ . ~
Notary pU~da
p.\l.Y Pu OFFICIAL NOTARY SEAL
0" 6>("/ MARYJANE SMITH
< \111:1 7T (\ COMMlSSlON NUMBER
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<:;. ~~\ ~ <( CC582709
".... :w". <!? MY COMMISSION EXPIRES I
<,<' Or f\.O SEPT 5,2000
7-ELEVEN, INc..11300 LEE ROAD / ORLANDO, FL 32810/ Plume (407) 532-2060
7 -Eleven, Inc.
Store #33009
SWC State Road 434 at Vistawilla Drive
Lot 3, Tuscawilla Tract 15, Parcel 1-C
Applicant is requesting approval for the following proposed signage:
Sign
quantity
Copy Area (s. f.)
proposed allowable
Height (top of sign)
proposed allowable
Monument 1 100 32 10' -0" 8'_8"
changeable copy 11 12
Building 91 16 14'-0"
Building 1 16 15'-3" 14'-0"
. Canopy 3 27 22'-0" 14'-0"
Spandrel 4 48 11 '_0" 14'-0"
Sign
quantity
Letter Height
proposed allowable
Building
1
4'
2'
F:\7 -Elevenl2OOO.0246\246pmI02.doc
18'-1 1/2"
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15'-3"
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CANOPY - SIDE ELEVATION
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LOT 3. TUSCAWILLA TRACT 15 PARCEL 1 -C. AS RECORDED IN PLAT BOOK
56, PAGES 29-32, PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA.
CONT ACTS
DEVELOPER
1-ELEVEN, INC.
1300 lEE ROAD
ORLANDO, FL. 32810
PI-4. (401) 2'3!;; - 3016
ANTHONY M. EDWARD5
ENGINEER
INTERPlAN PRACTICE, LTD
'333 LEE ROAD
ORLANDO, FL 32810
PH. (401) 64!;;-!;;/Z>cZl8
KENNJ;:TI-4 M. McCOIG P.E.
5URVEYOR
BOlLJYER-SINGLETON ~ AS50CIATES, INC.
!;;20 5. MAGNOLIA AVE.
ORLANDO FL 32~1
PH. (401) 843-5120
WILLIAM C. HART, PSM .
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1'3. ALL TRAFFIC I
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LOCAL JURISDICl
TRANSPORT A TIOI'
20. PARKING ST~
21. I-JANDICAP p~
CONFORM WIT~ AI
22. LANDSCAPE:
VI51BILITY OF T~
23. ALL PARKI~
24. ALL BUILDINC:
FACE. SEE ARCI-I
25. ALL CURB RE
26. BUILDING ANI
PERPENDICULAR
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