TO: Mayor and Commissioners
FROM: Timothy Stillings, Director of Planning, Zoning & Building
THROUGH: Donald B. Cooper, City Manager
DATE: September 20, 2016
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REQUEST FOR A WAIVER TO LDR SECTION 4.6.7(E)(7) TO ALLOW A WALL SIGN TO FACE INTERIOR TO THE PARKING LOT LOCATED AT 402 SE 6th AVENUE. (QUASI-JUDICIAL HEARING)
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Recommended Action:
Recommendation
Motion to Consider a waiver request to LDR Section 4.6.7(E)(7) to allow a wall sign to face interior to the parking lot located at 402 SE 6th Avenue, where only one sign per business is permitted facing a dedicated street frontage.
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Background:
The medical office is located at the southwest corner of SE 6th Avenue (Federal Highway) and SE 4th Street and consists of 5,371 square feet with a drop off lane on the west side of the building.
On April 21, 2016, the applicant applied for signage that consisted of a wall and a monument sign on the east elevation facing South Federal Highway. The signs were approved administratively as they met the Land Development Regulations pursuant to LDR Section 4.6.7(E)(7). The wall sign is 2.5’ x 25.9’ for a total of 64.75 square feet. The sign is illuminated channel letters with white face black trim and returns. The monument sign was approved and is compliant with FDOT line of sight and measures 7 feet overall in height with a sign face of 39.24 square feet. The sign is an illuminated cabinet that is burgundy and beige and reads Whole Health.
The waiver request is to allow a flat wall sign on the west elevation, which faces an interior parking lot. The requested sign is 2.5’ x 23.08’ for a total of 57.7 square feet. The sign is illuminated channel letters with a beige face and white trim and returns. (Elevation A)
Due to the lack of support by the SPRAB Board, the applicant has submitted an alternate sign design which has reduced the overall size of the sign from 57.7 square feet to 40 square feet and would like this to be considered. The sign is 2’ x 20’ for a total of 40 square feet. The sign is illuminated channel letters with a beige face and white trim and returns. (Elevation B)
Per LDR section 4.6.7 (E) Design Standard Matrix; one wall sign per business facing a dedicated street frontage is allowed, thereby requiring a waiver for the proposed parking lot interior sign.
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B)(5), Waivers: Findings, the granting body shall make findings that,
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
The applicant has provided a justification for the waiver in the attached letter.
Staff believes that granting of this waiver will not adversely affect the neighboring area, diminish the provision of public facilities and is not creating an unsafe situation. The signage helps identify the entrance to the building. The sign would not be considered a special privilege in that similar signage has been approved for other business in Delray, most recently Burger King and Delray Boxing.
At its meeting of August 24, 2016, the Site Plan Review And Appearance Board disapproved (6-0, Andrew Youngross stepping down) the recommendation to the City Commission regarding the waiver request to LDR section 4.6.7(E)(7), Design Standard Matrix, to allow a wall sign to face interior to the parking lot located at 402 SE 6th Avenue, for Whole Health. The Board expressed concern that although the sign met LDR criteria concerning size, that it was nonetheless too large and looked disproportionate on the building. The Board also expressed that they did not feel that this was a similar circumstance as Burger King and Delray Boxing as Whole Health has signage on SE 6th Avenue that clearly identifies the building for its patrons.
City Attorney Review:
Approved as to form and legal sufficiency.