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Home My WebLink About2005 02 28 Public Hearings 402 Waiver Request by Ayube Khan from Section 20-486(4)f CITY COMMISSION AGENDA ITEM 402 Consent Informational Public Hearing X Regular February 28, 2005 Meeting MGR.r IDEPT /.It-' Authorization REQUEST: The Community Development Department- Planning Division requests the City Commission consider a waiver request by Ayube Khan from Section 20-486(4)[ to the maximum copy area for a building mounted single tenant identification sign for the new Bruster's Real Ice Cream shop in the SR 434 Redevelopment Area. PURPOSE: To consider allowing a waiver from the code based upon the site conditions affecting the visibility ofthe building signage and the upgrades the applicant has made to his building (at the City's request). APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-34. Waivers. Sec. 20-82. Duties and powers; general. Sec. 20-486. Signs. CONSIDERATIONS: The site has a Commercial Future Land Use designation and is within the C-I Neighborhood Commercial zoning district. The project is also located within the SR 434 Overlay District. The approved site plan includes a 1,213 square foot ice cream shop on a 1.36-acre tract on SR 434 at Costa Rica Dr. The building sets back from the property line approximately 84 feet. The applicant has turned the building so that the drive through is to the rear, as required by the SR 434 Overlay District Guidelines. Access to the site is from SR 434. The applicant's waiver request is limited to the signage on the front fayade ofthe building. The proposed monument sign meets the code requirements. Although the Code allows a provision for Commission Agenda Item 402 February 28, 2005 Page 2 of8 the consideration of additional signage for comer lots, the Applicant is not seeking additional signs. The project has upgraded materials beyond the standard Bruster's prototype. The building includes a brick fa9ade on all elevations. The brick selected is slightly variegated and is known as Endicott "Autumn Sands". The awning is not vinyl but rather a standing seam metal roof The color is a subdued red. The applicant has worked diligently to understand and meet the City's requirements. The color choices selected for the Winter Spring's Bruster's are not the standard red and white utilized in most locations. The colors have been customized to fit with the surrounding area. Bruster's features are complementary to Venetian Square (informally known as the "Piggly Wiggly" shopping center or Village Market Place Shopping Center). The project is attractive and will be an asset to the community. On January 24,2005 the City Commission approved Bruster's Site Plan and Aesthetic Review and indicated that a waiver might be supported for varying the size ofthe building fa9ade signage. Staff and Commission agree that the addition of "real ice cream" adds to the character ofthe sign. The applicant is requesting signage that measures 51. 75 SF. This is 3.23 times larger than Code allows. The sign company indicates that the real ice cream lettering cannot be manufactured smaller than 11". Attached is a slightly smaller option that includes the "real ice cream" but only measures 48 SF. Although it is still 3 times larger than Code allows, it should be noted that some of the area calculated as copy area is actually white space, given the angle of the lettering and the leaf ofthe cherry which extends above the Bruster's lettering. In actuality the copy area is more likely 40 SF or 2.5 times the allowed copy area. Although the applicant initially received approval for a solid door on the front ofthe building (toward SR 434), the Applicant indicated that he would be willing to utilize a glass door given the Commission's favorable comments toward increasing the building fa9ade signage copy area. FINDINGS: · The proposed project is consistent and compatible with the SR 434 design specifications. · This new addition will enhance this part 0 f the City with the addition of a new retail commercial building. · The new building will utilize colors and materials that fit in with the adjacent existing and proposed structures. · The Hacienda Village entrance monument impacts visibility of the site and results in a special condition that does not result from the actions of the applicant. · A waiver requires compliance with all six (6) criteria outlined in Code Section 20-34: a. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. b. The proposed development plan will significantly enhance the real property. c. The proposed development plan serves the public health, safety, and welfare. Commission Agenda Item 402 February 28, 2005 Page 3 of 8 d. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. e. Staff believes that the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter may be the attached alternative signage with the 20" Bruster's lettering, with the dimensions of 4' -2"xll' -6". f. The proposed development plan is compatible with the surrounding neighborhood. BOA ACTION: At its regularly scheduled meeting of February 3,2005, the board reviewed the waiver request pursuant to the waiver criteria, paying particular attention to what size sign would constitute the minimum waiver that would be effective at this particular site. This included consideration of the 48 square foot sign proposed by staff as an alternative minimum. The board recommended approval of the applicant's proposed 51.75 square foot building mounted single tenant identification sign, subject to the color of the sign background matching that [adjacent] portion of the building facade. The board stated that matching those colors was more important than removing the 3.75 square feet. STAFF RECOMMENDATION: Staff supports the applicant's request, however recommends consideration of the reduced copy area (48 square foot) sign alternative, believing it may meet the minimum waiver criteria. ATTACHMENTS: A Building Fa~ade Signage B Building Elevations and Sign age Allowed by Code C Alternative Minimum Waiver Signage D Site Photos E Site Plan F Draft BOA Minutes COMMISSION ACTION: Commission Agenda Item 402 February 28, 2005 Page 4 of8 ATTACHMENT A Building Fa~ade Signage Requested Signage on Building Facade: BIIJ$STER'S ~ ~eream .~~"vrt:w Size comparison between signage allowed by Code and Applicant's request- 16 SF vs 51.75 SF: ...~....--:;.~...-._.-.~---------~-,---------~-_.._~ BRU.t:.STER'~} ,------------------, /"/ 3.... O.t!......-..el. Cl1erl'}:l ~~ ,~,., --...-, 1___________________ --- -- ---nino BRU STER'S]t~ ~re~t~i!~~u' Commission Agenda Item 402 February 28, 2005 Page 5 of8 ATTACHMENTB Building Elevations and Signage allowed by Code Proposed Building Facade signage (as allowed by Code). MaxImum copy area allowed is 16 SF (as depicted below) r-.--------ZB-.------.---] :L'~ Cllil!1Uo'Id. (4tM BRtJStSTER\ BRU~STER'S~}. I : Commission Agenda Item 402 February 28, 2005 Page 6 of8 ATTACHMENT C Alternative Minimum Waiver Signage -_-....~ . --.....rtIl.tetftllll.. 11;_:(..;",;'~ t- I r:'.- ..'\'1" :r;~.: ~...~_!:-.!L;-~ ;.1 ~- \''-ATI.''", r---- I I I - ',' f _ '.'! ..' _ ~. \' j -; ,:. ' : f f ;",., I".'/'~':' I,' ,.'.:' '/1\", \.' 1r.6' I ,M' ewr-a~ BRU STER' _, , ~I ~ rea\ '1ce cream, ' I L I I I I L ", /~":_/" .:.....,' ~.'l Commission Agenda Item 402 February 28, 2005 Page 7 of8 ATTACHMENTD Site Photo Commission Agenda Item 402 February 28, 2005 Page 8 of8 ATTACHMENTE Site Plan ~. I I I i i i 250' I i i i I I i I I ! i I ! I I I I I I i _____1