|
Regular
|
| Board of Adjustment | |
| Date: | 02/01/2023 |
| Title: | City Variance 1356- 1025 Shiloh Crossing Blvd. -Sign Size and location |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending conditional approval based on the findings of the review criteria for variance applications. Several conditions are recommended to ensure the new signage has less of an impact on the surrounding property and ensure future compliance for all signage on the subject commercial building.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
City Variance 1356 – 1025 Shiloh Crossing Blvd – Sign size and location - A variance from BMCC 27-1407.C(3) requiring a maximum allowable area of wall signs (a type of attached sign) to 250 square feet maximum for all tenants in a multi-tenant structure, to allow an 80 square foot wall sign in a Corridor Mixed Use 2 (CMU2) zone, on a building façade with existing wall sign area of 327 square feet. The property is legally described as Block 1, Lot 3A1 of Shiloh Crossing Sub., an 6.354 acre parcel of land. The purpose of the variance is to allow relocation of an existing 80 square foot sign for Candy Town from 820 Shiloh Crossing Blvd to their new location. Tax ID: A34024C.
The Board has issued few sign variances since 1972 under the various iterations of the sign code. The most common sign variance is to allow a larger sign area. Sign area is limited based on the sign type and the zone district. The most recent variances were Main Street Target store (Var 1351 - December 2022) a variance request from Section 27-1407.C -- Table of Allowed Attached Signs -- allowing only one wall sign on a single tenant structure to allow a second wall sign in a Corridor Mixed Use 2 (CMU2) zone, allowing the replacement of the existing wall sign with a new Target wall sign and a second sign to inform customers of the new pickup and load out area in the parking lot; and for the Coca-Cola bottling plant (Var 1341 - March 2022) on S Frontage Road near the Zoo Drive interchange with I-90. This variance allowed a wall sign of 456 square feet that is normally limited to 250 square feet.
The Board of Adjustment also granted a similar variance to the Coca Cola variance for the Scheels building in Shiloh Crossing in December 2011. The previous Shiloh Corridor Overlay District also had a maximum wall sign area of 250 square feet. The Scheels building was much taller but had a similar facade area and the desire to address traffic on a road that was more than 800 feet from the structure. There are similar properties in the area that have much larger signs based on the previous sign code in the City and County. The previous sign codes allowed building wall signs to equal up to 3 square feet for each linear foot of structure that faced a street. If the previous sign code were still in place, a maximum wall sign - or group of wall signs - would have been allowed up to 1,200 square feet - or about 10% of the proposed facade area. The Scheels sign of 544 square feet, by contrast, takes up about 5% of the facade area for that building.
Other sign variances considered previously by the Board of Adjustment include sign height, number of signs allowed and similar numerical limitations on signs. Most sign variance requests have been approved due to specific building or location challenges such as the bulk of the building, the location of the building related to the street frontage and other similar geographic and architectural challenges. Not all variances have been approved particularly where an alternative type of sign can provide the same result as a variance from the code limitations. If the Board of Adjustment were to consider an alternative recommendation than that provided by staff, it would not prohibit the retail business from having a sign. Instead, the tenant would be required to install a different sign type, such as a canopy sign or a small wall sign.
APPLICATION DATA
OWNER: CandyTown (tenant)
AGENT: Tom Gross, Sign Products
PURPOSE: To allow a wall sign of 80 square feet Candy Town sign relocation to their new storefront
LEGAL DESCRIPTION: Block 1, Lot 3A1 Shiloh Crossing Sub.
ADDRESS: 1025 Shiloh Crossing Blvd.
SIZE OF PARCEL: 6.354 acres
ZONING:CMU2
EXISTING LAND USE: Commercial multi tenant complex
PROPOSED LAND USE: Commercial multi tenant complex
SURROUNDING ZONING & LAND USE
NORTH: Zoning: CMU2
Land Use: Motion Picture Theatre
SOUTH: Zoning: CMU2
Land Use: Scheels Sporting goods
EAST: Zoning: RMH
Land Use: Residential
WEST: Zoning: CMU2
Land Use: Multi tenant - with restaurant, retail, automotive
The Board has issued few sign variances since 1972 under the various iterations of the sign code. The most common sign variance is to allow a larger sign area. Sign area is limited based on the sign type and the zone district. The most recent variances were Main Street Target store (Var 1351 - December 2022) a variance request from Section 27-1407.C -- Table of Allowed Attached Signs -- allowing only one wall sign on a single tenant structure to allow a second wall sign in a Corridor Mixed Use 2 (CMU2) zone, allowing the replacement of the existing wall sign with a new Target wall sign and a second sign to inform customers of the new pickup and load out area in the parking lot; and for the Coca-Cola bottling plant (Var 1341 - March 2022) on S Frontage Road near the Zoo Drive interchange with I-90. This variance allowed a wall sign of 456 square feet that is normally limited to 250 square feet.
The Board of Adjustment also granted a similar variance to the Coca Cola variance for the Scheels building in Shiloh Crossing in December 2011. The previous Shiloh Corridor Overlay District also had a maximum wall sign area of 250 square feet. The Scheels building was much taller but had a similar facade area and the desire to address traffic on a road that was more than 800 feet from the structure. There are similar properties in the area that have much larger signs based on the previous sign code in the City and County. The previous sign codes allowed building wall signs to equal up to 3 square feet for each linear foot of structure that faced a street. If the previous sign code were still in place, a maximum wall sign - or group of wall signs - would have been allowed up to 1,200 square feet - or about 10% of the proposed facade area. The Scheels sign of 544 square feet, by contrast, takes up about 5% of the facade area for that building.
Other sign variances considered previously by the Board of Adjustment include sign height, number of signs allowed and similar numerical limitations on signs. Most sign variance requests have been approved due to specific building or location challenges such as the bulk of the building, the location of the building related to the street frontage and other similar geographic and architectural challenges. Not all variances have been approved particularly where an alternative type of sign can provide the same result as a variance from the code limitations. If the Board of Adjustment were to consider an alternative recommendation than that provided by staff, it would not prohibit the retail business from having a sign. Instead, the tenant would be required to install a different sign type, such as a canopy sign or a small wall sign.
APPLICATION DATA
OWNER: CandyTown (tenant)
AGENT: Tom Gross, Sign Products
PURPOSE: To allow a wall sign of 80 square feet Candy Town sign relocation to their new storefront
LEGAL DESCRIPTION: Block 1, Lot 3A1 Shiloh Crossing Sub.
ADDRESS: 1025 Shiloh Crossing Blvd.
SIZE OF PARCEL: 6.354 acres
ZONING:CMU2
EXISTING LAND USE: Commercial multi tenant complex
PROPOSED LAND USE: Commercial multi tenant complex
SURROUNDING ZONING & LAND USE
NORTH: Zoning: CMU2
Land Use: Motion Picture Theatre
SOUTH: Zoning: CMU2
Land Use: Scheels Sporting goods
EAST: Zoning: RMH
Land Use: Residential
WEST: Zoning: CMU2
Land Use: Multi tenant - with restaurant, retail, automotive
STAKEHOLDERS
Planning staff notified owners by mail, posted the property and published the legal ad as required. As of the date of this staff report, no comments or concerns have been registered with the Planning Division.
ALTERNATIVES
The Board of Adjustment may:
- Approve the requested variance with conditions as recommended by the Planning staff;
- Approve the requested variance with amended conditions;
- Approve the requested variance with no conditions;
- Deny the requested variance with amended findings of fact of the criteria;
- Allow the applicant to withdraw the variance request; or
- Delay action on the variance to a future BOA meeting.
FISCAL EFFECTS
Approval or denial of the requested variance will have no financial effect on the Planning Division budget.
SUMMARY
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
There are special circumstances that exist which are peculiar to the lot that are not applicable to other lots in the same district. The property is a very large shopping center and is not oriented in a way to address traffic on Shiloh Road, the signs on these buildings address traffic through the parking lots that are dispersed throughout the center. Shiloh Crossing Blvd. also is a private road within the multiple building shopping center that these signs may be seen from in some cases. The building is over 900 feet from the closest travel lane on Shiloh Road. While this is not uncommon under the previous suburban development style, the new sign code was intended to work well with the new commercial zone district requirements that bring buildings to the street. Further, Shiloh Crossing was developed to have businesses out along Shiloh Road and Kin Avenue East as well as businesses internally oriented off of the parking areas and Shiloh Crossing Blvd., so many businesses are not visible from Shiloh Road or King Ave. Customers enter this property using the freestanding sign as a locator for the entry driveway on Shiloh Road. Once on the property, drivers will note and be able to read the attached signs on the building. Because of the distances involved, it is not likely a viewer will notice the difference between a wall sign, a canopy sign or an awning sign. There is no current architectural design on the building such as a canopy or awning for the applicant to use for attached signs. The applicant would have to add a canopy or awning structure located in the area specified.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The Board of Adjustment has granted at least four sign area variances in the past decade. Two variances for the number of allowed signs on a property were granted prior to 1999. Sign variances are rare and very specific to conditions and buildings. Of the 1350+ variances of record, only about 18 applications for sign variances have been processed. Similar property in the area has also developed under the previous sign code that allowed any number of wall signs on any wall as long as the total attached sign allowance was not exceeded. Under the previous sign code, the attached sign budget was generous at 3 sf for each linear foot of street facing building facade. In the case of this multi tenant building, this would have amounted to over 700 square feet of wall sign area allowed on any facade of the building. The sign code was amended to address this context insensitive approach and to define and allow other types of attached signs - not just wall signs as a generic term for all types of attached signage. The applicant could have a different type of sign (canopy or projecting) but would prefer to utilize their existing sign from the current location (not able to convert to a canopy or projecting sign). Denying this wall sign at its current size would move the signage on the multi-tenant building closer to compliance with the new code. It could be depriving this owner of rights commonly enjoyed by other property in the same area and district (and on the same building) wth signs still eerected under the old regulations but not when the new regulations are applied.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted a limited number of variances from the code limitation on square foot of signs for other land in the same or similar district. Developments in the area also have oversized wall signs, although some have installed awning signs and canopy signs in addition to wall signs. However, denying this wall sign at its current size would move the signage on the multi-tenant building closer to compliance with the new code, which is what should gradually happen across this and other multi-tenant deveopments as businesses change and signs are updated.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
Granting this variance may meet the general purposes and intent of the zoning regulations and the 2016 Growth Policy. The Growth Policy guidelines state that local economic prosperity should be supported and sustained. Allowing this wall sign enables Candy Town to continue adapting to the changing retail marketplace. However, it is also at odds with supporting context sensitive and location sensitive signage that is scaled to fit the intended audience.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code; Staff is recommending 8 conditions for the variance request:
Staff is recommending the applicant/agent have 6 months to submit a sign permit application and 1 year to complete installation. Sign permits once approved are only valid for a few months.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would allow a use that is allowed in the zoning district. Retail establishments and signage are allowed in the CMU2 zone.
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
There are special circumstances that exist which are peculiar to the lot that are not applicable to other lots in the same district. The property is a very large shopping center and is not oriented in a way to address traffic on Shiloh Road, the signs on these buildings address traffic through the parking lots that are dispersed throughout the center. Shiloh Crossing Blvd. also is a private road within the multiple building shopping center that these signs may be seen from in some cases. The building is over 900 feet from the closest travel lane on Shiloh Road. While this is not uncommon under the previous suburban development style, the new sign code was intended to work well with the new commercial zone district requirements that bring buildings to the street. Further, Shiloh Crossing was developed to have businesses out along Shiloh Road and Kin Avenue East as well as businesses internally oriented off of the parking areas and Shiloh Crossing Blvd., so many businesses are not visible from Shiloh Road or King Ave. Customers enter this property using the freestanding sign as a locator for the entry driveway on Shiloh Road. Once on the property, drivers will note and be able to read the attached signs on the building. Because of the distances involved, it is not likely a viewer will notice the difference between a wall sign, a canopy sign or an awning sign. There is no current architectural design on the building such as a canopy or awning for the applicant to use for attached signs. The applicant would have to add a canopy or awning structure located in the area specified.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The Board of Adjustment has granted at least four sign area variances in the past decade. Two variances for the number of allowed signs on a property were granted prior to 1999. Sign variances are rare and very specific to conditions and buildings. Of the 1350+ variances of record, only about 18 applications for sign variances have been processed. Similar property in the area has also developed under the previous sign code that allowed any number of wall signs on any wall as long as the total attached sign allowance was not exceeded. Under the previous sign code, the attached sign budget was generous at 3 sf for each linear foot of street facing building facade. In the case of this multi tenant building, this would have amounted to over 700 square feet of wall sign area allowed on any facade of the building. The sign code was amended to address this context insensitive approach and to define and allow other types of attached signs - not just wall signs as a generic term for all types of attached signage. The applicant could have a different type of sign (canopy or projecting) but would prefer to utilize their existing sign from the current location (not able to convert to a canopy or projecting sign). Denying this wall sign at its current size would move the signage on the multi-tenant building closer to compliance with the new code. It could be depriving this owner of rights commonly enjoyed by other property in the same area and district (and on the same building) wth signs still eerected under the old regulations but not when the new regulations are applied.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted a limited number of variances from the code limitation on square foot of signs for other land in the same or similar district. Developments in the area also have oversized wall signs, although some have installed awning signs and canopy signs in addition to wall signs. However, denying this wall sign at its current size would move the signage on the multi-tenant building closer to compliance with the new code, which is what should gradually happen across this and other multi-tenant deveopments as businesses change and signs are updated.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
Granting this variance may meet the general purposes and intent of the zoning regulations and the 2016 Growth Policy. The Growth Policy guidelines state that local economic prosperity should be supported and sustained. Allowing this wall sign enables Candy Town to continue adapting to the changing retail marketplace. However, it is also at odds with supporting context sensitive and location sensitive signage that is scaled to fit the intended audience.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code; Staff is recommending 8 conditions for the variance request:
- The variance is for 80 square feet wall sign (attached sign type). No other variance is intended or implied by this approval.
- The variance applies to Block 1, Lot 3A1 of Shiloh Crossing Sub., 1025 Shiloh Crossing Blvd.
- The proposed location of the wall sign will be in substantial conformance with the submitted site plan and sign graphic. Minor adjustments to the site plan are allowed.
- All future tenant replacement signs on the facade of this building including all tenants will be reduced in size to 50 square feet as signs are replaced, until all tenants have equal or substantially equal signage up to the max allowed sign square footage.
- The applicant will apply for a sign permit for the wall sign within 6 months of the Board of Adjustment approval and will be installed within 1 year of Board of Adjustment approval.
- This Variance approval is for the specified suite #2 location for the Candy Town sign only. If the sign is removed it will be replaced with a conforming sign of no more than 50 sf.
- Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
- These conditions of variance approval shall run with this building only and the sign in question for the tenant known as "Candy Town", it shall apply to all current and subsequent owners, operators, managers, leaseholders, heirs and assigns of this building.
Staff is recommending the applicant/agent have 6 months to submit a sign permit application and 1 year to complete installation. Sign permits once approved are only valid for a few months.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would allow a use that is allowed in the zoning district. Retail establishments and signage are allowed in the CMU2 zone.