TO: Mayor and Commissioners
FROM: Tim Stillings, Planning & Zoning Director
THROUGH: Donald B. Cooper, City Manager
DATE: April 5, 2016
Title
REQUEST FOR A WAIVER OF LDR SECTION 4.6.7(E)(7) TO ALLOW TWO FLAT WALL SIGNS NOT FACING A DEDICATED STREET FRONTAGE FOR A BURGER KING RESTAURANT LOCATED AT 1820 SOUTH FEDERAL HIGHWAY (QUASI-JUDICIAL HEARING )
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The City Commission action requested is consideration of a waiver request to Land Development Regulations (LDR) Section 4.6.7(E)(7) to allow two flat wall signs not facing a dedicated street frontage located at 1820 S. Federal Hwy., where only one sign per business is permitted facing a dedicated street frontage.
Recommended Action:
Recommendation
Motion to Approve a request for a waiver to LDR Section 4.6.7(E)(7) to allow two flat wall signs not facing a dedicated street frontage for a Burger King restaurant located at 1820 S. Federal Hwy.
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Background:
On December 10, 2014, the Site Plan Review and Appearance Board approved a Class I Site Plan Modification asked for architectural elevation changes which included updating finishes to meet Burger King corporate standards, the addition of two tower elements, replacement of roof material, and providing an ADA accessible connection.
The applicant is also updating their signage consistent with the updated architectural changes. The signage package includes a sign on the east elevation, which is the Burger King logo, illuminated (19.6 square feet) in blue, orange, and red and reads Burger King which is allowed by code. On the north elevation, which faces an interior parking lot, two wall signs are proposed; the Burger King logo, illuminated (19.6 square feet) in the tower feature and an illuminated red channel letter sign that reads “Home of the Whopper” (27.97 square feet) to the east of the tower feature. The applicant also has an existing monument sign on site that is 14 feet in height with a 36 square foot face that is not being updated at this time.
Per LDR section 4.6.7 (E) Design Standard Matrix; one wall sign per business facing a dedicated street frontage is allowed; therefore requiring a waiver for the two referenced signs.
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver:
(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 in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
The 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 applicant states the Burger King name and logos such as “Home of the Whopper” are the primary and iconic visual representation that customers recognize and are critical to the company and will help identify the main entrance to the building.
The signs would not be considered a special privilege in the similar signage has been approved for other business in Delray. A similar case occurred in 2014 for Chase Bank, 1755 S. Federal Hwy, in which a waiver was granted for a wall sign to be located over their main entrance which faces an interior parking lot.
At its meeting of February 10, 2016, the Site Plan Review And Appearance Board approved (4-2 with James Chard and Bret Porak dissenting) the recommendation to the City Commission regarding the waiver request to LDR section 4.6.7(E)(7), Design Standard Matrix, to allow two wall signs to face an interior parking lot located at 1820 S. Federal Hwy, for Burger King with the following condition that the sign “Home of the Whopper” should be centered on the North Elevation.
The Board members who dissented felt the current monument sign and the east elevation sign was sufficient signage for the building.
Attachments:
SPRAB Report 2/10/16
Applicant Justification Letter
Sign Elevations
Site Location Map
SPRAB Minutes 2/10/16
Board Order - Sign Waiver
City Attorney Review:
Approved as to form and legal sufficiency.