HomeMy WebLinkAbout1999 06 03 Public Hearings Agenda Item A
BOARD OF ADJUSTMENT
AGENDA ITEM A
June 3. 1999
Meeting
REQUEST: Community Development Department, Land Development Division, presents to
the Board of Adjustment the request of the Brossier Company for a variances to
have signage which exceeds that allowed under the S.R. 434 Corridor Vision
Plan, Redevelopment Area for the TEXACO station under construction at 581
East SR 434 (intersection of SR 434 and Hayes Road).
PURPOSE: The purpose of this agenda item is to consider a variance request of the Brossier
Company, and then recommend to the City Commission their findings on this
variance request to have signage which exceeds that allowed under the S.R. 434
Corridor Vision Plan, Redevelopment Area for the TEXACO station under
construction at 581 East SR 434 (intersection of SR 434 and Hayes Road).
APPLICABLE CODE:
Section 20-466 - Signs.
All signs and sign elements, including shape, form, lighting, materials, size, color
and location shall be subject to approval by the Design Review Board if such
signs are visible from adjacent properties or a street right-of-way.
(a) Ground Mounted Multi-Tenant or Project Identification Sign: For each multi-
tenant development under separate ownership, one (1) wide-based monument
style permanent sign with landscaped base identifying the name of the
development and businesses within the development shall be permitted. For
developments with five hundred (500) feet of frontage or more on a major road,
one (1) additional sign may be permitted. The minimum separation for all signs
on an individual ownership parcel shall be two (200) feet.
(7) Signs shall be in accordance with the following schedule:
Building Size (Gross Floor Area)
Maximum Copy Area
Maximum Ht.
Under 75,000 square feet
32 square feet
12 feet
June 3, 1999
BOA Agenda Item A
Page 2
NOTE: The building is 3,748 sq. ft. in size. The applicant is requesting the copy
area of the sign be 88 sq. ft.
Section 20-466( 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 project above any roof or canopy elevations, and the top of
the sign shall not be higher than fourteen (14) feet above the main entry floor.
NOTE: The applicant is requesting that the sign be at the 19'8" level.
(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 3,748 sq. ft. in size. The TEXACO letters and logo are
3'2" in height. The applicant is requesting a total of 129.3 sq. ft. of sign age to
be placed on the canopy (3 TEXACO names at 37.5 sq. ft each and 3 TEXACO
logos at 5.6 sq. ft. each).
Section 20.466(g)
Changeable Copy Signs: In order to create continuity throughout the corridor all
changeable copy signs shall be as follows:
(1)( c) One changeable copy sign advertising the price of gasoline is permitted on
gasoline station sites provided it shall not exceed twelve (12) square feet per sign
face.
NOTE: The applicant is requesting to have a changeable copy sign advertising
the price of gasoline to be 30.25 square feet.
June 3, 1999
BOA Agenda Item A
Page 3
Section 20-466( e)
Additional SignsN ariances: Under special circumstances, such as for parcels on
corner 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 of the 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
conditions, a literal translation of the sign code would result in unnecessary
hardship. All requirements, procedures, findings and appeals of sign code
variances shall follow those provisions for zoning variances.
Sec. 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;
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BOA Agenda Item A
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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;
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
variance.
(4)
(5)
June 3, 1999
BOA Agenda Item A
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Sec. 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.
( 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 be 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 appeal 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 thereof The appeal shall be in such form as prescribed by
the rules of the board. The administrative official from whom the appeal is taken
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BOA Agenda Item A
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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.
(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 (1) 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 issued prior to
expiration of such time limit.
CHRONOLOGY:
August 28, 1997
- AMOCO site plan approved
August 25, 1998
- Site Plan Review Board approved a six-month extension
to the original site plan approval
January 21, 1999
- Revised site plan approved (project taken over by
TEXACO sometime between the August 25, 1998
and January 21, 1999 time frame)
June 3, 1999
BOA Agenda Item A
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FINDINGS: 1) The Hess station located at the intersection of SR 434 and Vistawilla Drive
was granted similar variances, but this was done through a Development
Agreement.
2) A Development Agreement is allowed under the S.R. 434 Corridor Vision
plan, Redevelopment Area. The operative sections of the Vision Plan are:
Section 20-470. Development Agreement
Any developer may propose to enter into a developer's 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,
standards, signage, and other standards. If an increase in building height beyond
thirty-five (35) 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 20-471. Corridor Design Review Board.
The Development Review Committee shall serve as the Corridor Design Review
Board for developments in the Redevelopment Area Overlay Zoning District of
the S.R. 434 Corridor and shall review such developments for a unifying theme
according 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 20-470 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.
June 3, 1999
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Page 8
RECOMMENDA TION:
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 20-470 and 20-471 which address Development Agreements.
ATTACHMENTS:
November 10, 1997 - S.R. 434 Corridor Vision Plan, Redevelopment Area
August 5, 1998 - Owner authorization granting Robert B. Reese authority
to act on Ava Anthony for that property located at
the intersection of SR 434 and Hayes Road
April 15, 1998 (sic) - Brossier Company Letter to Don LaBlanc (sic)
- Proposed ground-mounted sign
- Pictures of Hess station at intersection of Vista willa
Drive and SR 434
- Proposed canopy (building) signage
BOARD OF ADJUSTMENT ACTION