TO: Mayor and Commissioners
FROM: Tim Stillings, Planning & Zoning Director
THROUGH: Donald B. Cooper, City Manager
DATE: July 5, 2016
Title
REQUEST FOR A WAIVER OF LDR SECTION 4.6.7(E)(7) TO ALLOW TWO FLAT WALL SIGNS (NORTH AND SOUTH ELEVATIONS) NOT FACING A DEDICATED STREET FRONTAGE FOR DELRAY BEACH BOXING LOCATED AT 2455 OLD DIXIE HIGHWAY. (QUASI-JUDICIAL HEARING)
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The City Commission action is consideration of a waiver request to LDR Section 4.6.7(E)(7) to allow two flat wall signs that do not face a dedicated street frontage (north and south elevations) located at 2455 Old Dixie Highway, where only one sign per business is permitted facing a dedicated street frontage.
Recommended Action:
Recommendation
Motion to approve the waiver request to LDR Section 4.6.7(E)(7) to allow two flat wall signs that do not face a dedicated street frontage located at 2455 Old Dixie Highway, with the condition the north elevation signage will not be installed until the new use has been approved for a Class III.
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Background:
At its meeting of February 16, 2016, the City Commission approved Ordinance 03-16 to rezone the subject property from Automotive Commercial (AC) to General Commercial (GC). The new owner requested that the property be rezoned back to GC for the purpose of establishing a boxing facility (gym) within the space previously occupied by Delray Cycle.
At its meeting of February 24, 2016, the Site Plan Review and Appearance Board approved a Class III site plan modification for a change of use from a motorcycle retail and repair business to a boxing facility (gym) within the southern portion of the building consisting of approximately 4,200 square feet.
The golf cart business (Exhiliride), which is non-conforming with the GC zoning designation, will remain in the northern portion of the building. If this business vacates the property, then a Class III for the new use, inclusive of expansion of Delray Beach Boxing, will be required.
The waiver request is to allow two flat wall signs; the south elevation and north elevation, which do not face a dedicated street frontage. The applicant would like to place identical signs “Delray Beach Boxing” which are illuminated 3.1 x 14.3 (44.3 square feet) in red channel letters on the façade underneath the gable roof. There is an existing monument sign on Old Dixie Highway that is 13 feet tall with a sign area of 60 square feet that will be approved administratively.
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), 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.
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 signage helps identify the building from Old Dixie Highway. The signs would not be considered a special privilege in that similar signage has been approved for other business in Delray.
The sign that is requested on the North elevation is not permissible at this time as Delray Boxing does not occupy the northern portion of the building. Therefore, it should be a condition of approval that the waiver request includes administrative approval of the northern sign once the current tenant has vacated the premises and Delray Boxing has been approved through SPRAB for a class III new use to expand the facility. In the event that the tenant or the Northern tenant space is not converted to the gym the signage requested on the north will not be allowed.
At its meeting of June 8, 2016, the Site Plan Review And Appearance Board approved (6-0) 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 (north and south elevations) located at 2455 Old Dixie Highway, for Delray Beach Boxing with the condition that the sign on the north elevation will not be installed until the applicant has been approved for a Class III - new use.
City Attorney Review:
Approved as to form and legal sufficiency.