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HomeMy WebLinkAboutstaff report wth minutes1 of 10 DATE: March 11, 2013 APPLICANT: Samirah Alwazir ADDRESS: 314 E 6th Street COA REQUEST: Signage PROJECT BACKGROUND AND DESCRIPTION: The subject property is located at 314 E 6th Street. The property’s legal description is “West 26' OF Lot 7 & West 26' of the South 10' OF Lot 8 block 40 Original City of Little Rock, Pulaski County, Arkansas." This one story commercial building was built in the 1960’s. The 2006 survey form states: “This standard Commercial 20th Centruy building has aluminum framed windows and doors at front with side walls and back with no openings. Mansard Roof attached to front wall provides protection over sidewalk. The first occupant was Joseph Pritchard Grocery and remained there through the 1970’s.” It is not considered a "Contributing Structure" to the MacArthur Park Historic District. The application was made on January 14, 2013 before any signs were installed. Since the application time, 4 signs were installed without the approval of the HDC or Planning Commission. This application is for those four signs. PREVIOUS ACTIONS ON THIS SITE: No previous actions were on this site were located with a search of the files. PROPOSAL AND WRITTEN ANALYSIS OF THE APPLICATION BASED OFF OF INTENT AND GUIDELINES: This application is going to the Planning Commission for a Conditional Use Permit on February 21, 2013. The subject of the Conditional Use Permit is for a “food store under 5,000 square feet with sales of beer.” Also included in this application is for signage without street frontage. Signs must face a street, not a neighboring piece of property as the signs on the east and west sides DEPARTMENT OF PLANNING AND DEVELOPMENT 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 STAFF REPORT ITEM NO. One. Location of Project 2 of 10 of the building do. There will also need a franchise permit for the sign on the awning and the ice machine in the front. Franchise permits are for those items that lie within the public right-of-way. The guidelines state on page 78: 5. Signs on Commercial Structures: Signs on commercial buildings should be in proportion to the building and should be made of historic materials, such as finished carved wood, glass, copper, or bronze letters. Signs of plastic, plywood, or unfinished wood are not appropriate. Signs should be placed at traditional locations, such as on storefront beltcourses, upper façade walls, hanging or mounted inside windows, or projecting from the face of the building. Lighting for signs should be concealed; up-lit or spot lighting is recommended. “Ghost” signs (historic painted wall signs, frequently on sides of brick buildings) should be preserved and not removed. The signs on the east and west wall are made of a sheet metal and screwed to the wall. This metal is not a recommended material. Lighting for the signage has not been discussed nor installed. This issue will need to be addressed at the meeting. The guidelines speak of commercial buildings, but our commercial building stock varies in architectural style and age. This is probably the latest built commercial building that is in the district being built around 1960. Sign design for that period of architecture may be different than the carved wood or individual bronze letters mounted on the wall as recommended in the guidelines. The question for the commission is whether the materials, size, and placement of the signs are appropriate for this age of a building. This ice machine in front of the building should also be reviewed. In Section 23-119 of the ordinance, the text states: In its deliberations under this article, the commission shall not consider interior arrangement or use and shall take no action hereunder except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures or appurtenant fixtures, in the district, which are deemed by the commission to be obviously incongruous with the historic aspects of the district. The question for the Commission is whether the ice machine is incongruous with the historic aspects of the district. The building has been previously painted yellow, but the Commission does not review paint colors and the masonry building was previously painted gray. The awning has also been repainted to the red color. NEIGHBORHOOD COMMENTS AND REACTION: At the time of distribution, there were no comments regarding this application. 3 of 10 Front façade ca. 2006 Front Façade 1-30-2013 East façade ca. 2006 East Façade 1-30-2013 West façade ca. 2006 West Façade 1-30-2013 STAFF RECOMMENDATION: Approval with the following conditions: 1. Obtaining a building permit for any interior remodeling. 2. Each sign will require a sign permit from the Planning Department. 3. Obtain a Franchise permit for the awning, sign on awning and the ice machine. 4 of 10 COMMISSION ACTION: February 11, 2013 Brian Minyard of Staff explained to the Commission that the notices were not mailed on time and that the item would need to be deferred. He explained that they were five days late on a notice of ten days. The staff has received some green cards back so Staff knows that they did go out. Commissioner Randy Ripley asked how many notices were sent out and Staff replied 23. Mr. Minyard continued that they also have a Conditional Use Permit on this property and told the applicant that they could mail both notifications at the same time in the same envelope. They did that but not in time for the HDC notice. Debra Weldon stated that the bylaws noted that the applicant will be required to re-mail the notices if they missed the first deadline. There was a discussion and it was stated that they had met the deadline for the Planning Commission but had not met the HDC deadline. Mr. Minyard noted that you may mail your notices early in order to meet both deadlines. Commissioner Wiedower asked the applicant if he understood what was happening. Mr. Ibrahim Elsaidi explained that they have posted the sign on the property but claimed he did not know of the deadlines for notifications. Commissioner Wiedower explained that the commission will have to defer until March. She continued that the application was after the fact, the signs were already up on the building. She did not believe it was going to be a hardship, since he already had erected his signs. She continued that they will not have to take the permanent signs down until after the hearing. Mr. Minyard agreed, but added that after approval by the both Commissions, your signage would have to conform to whatever this Commission says. Commissioner Randy Ripley stated that they could not make exceptions for one applicant alone. Commissioner Wiedower made a motion to defer consideration of the item until the March 11, 2013 hearing or until appropriate notices have been met. Commissioner BJ Bowen seconded the motion and the item passed with 5 ayes and 2 absent (Vanlandingham and Brown). Mr. Minyard told the applicant that the latest day to send the notices would be March 1st, 2013. STAFF UPDATE: March 11, 2013 The applicant has changed the signs on the building by removing some and adding others. The current signs are the one over the awning on the front of the building and the pole sign which has two faces. He has removed the two signs on the sides of the building that did not face the West and Front Façade 2-28-2013 East Façade 2-28-2013 5 of 10 street. But, he has added informational signs painted on the glass. The text is “DELI MEATS”, “HOT FOOD”, “DOWNTOWN DELI & GROCERY 501-244-9800”, “GROCERY”, AND “SANDWICHES”. However, the vast majority of the glass has been covered with cigarette ads, ATM sign, Animated Open sign, pizza signs etc. Front Façade 2-28-2013 To restate, the Guidelines on page 78 state that the “Signs on commercial buildings should be in proportion to the building and should be made of historic materials…” What is in proportion to the building? To assist, here is that applicable codes from the city of Little Rock that would be applicable. From Sec. 36-530 Definitions: Sign means any device, structure, fixture or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods or services. Window sign means a sign installed inside a window and intended to be viewed from the outside. Identification sign means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. 6 of 10 Incidental sign means a sign, emblem or decal informing the public of goods, facilities or services available on the premises, e.g., a credit card sign or a sign indicating the hours of business. On this application, all of the signs in the windows are Incidental Signs. From Sec. 36-553.(a)(2). One (1) freestanding sign per premises, not to exceed two (2) square feet in sign area for each linear foot of main street frontage up to a maximum of sixty-four (64) square feet. Such sign may not exceed a height of six (6) feet. In addition to the above freestanding sign, the owner may use one (1) of the following: Wall or mansard signs not to exceed ten (10) percent in aggregate sign area for that occupancy's facade area or One (1) under-canopy or projecting sign per occupancy, not to exceed twelve (12) square feet in sign area. On this application, the building is 26 feet wide, so the freestanding sign could be a maximum of 52 square feet. This pole mounted freestanding sign is less that that size. From Sec. 36-553.(a)(2). a. Wall or mansard signs not to exceed ten (10) percent in aggregate sign area for that occupancy's facade area. On this application, the mansard sign could be a maximum of 41 square feet. The current sign is approximately 42.74 square feet. From Sec. 36-557(e) Within the institutional and office, commercial and industrial districts, each premises may utilize incidental signs not to exceed twenty (20) square feet in aggregate sign area per occupancy. On this application, the Incidental Signs are the Newport cigarette signs, the pizza sign, the ATM sign, and the “OPEN” sign that is not permanently attached to the windows. The words “DELI MEATS”, “HOT FOOD”, “DOWNTOWN DELI & GROCERY 501-244-9800”, “GROCERY”, AND “SANDWICHES” are vinyl lettering applied to the windows. Each window is approximately 32 square feet in area for a total of 64 s.f. With the 20 square feet maximum, less than one third of the windows could be covered in signs and be in compliance. This location is currently being reviewed for the sale of beer. Neon beer signs that might be hung in the windows would also be considered incidental signage. If the building was not in the Historic District, the signage would be in compliance with the exception of the incidental signs. However, the Guidelines state that the signage should be in proportion to the building. The previous discussion was to give the Commission some other codes to consider in making their decision. Staff believes that the fixed signage (mansard sign and pole mounted sign) is proportional to the building. Staff believes that the incidental signs pictured in the photo above contribute to clutter in the district and are inappropriate. Security can be enhanced if the windows are left clear so that people can see into and out of the store. Staff believes that the incidental signs should be limited to the vinyl signage on the windows at this time, the “OPEN” sign and one (1) neon beer sign in the eastern most window if beer is approved for that location. The ice machine and the newspaper box will require a franchise from Public Works. 7 of 10 The Commission does not review exterior paint colors on this building because the exterior has previously been painted. However, the new painting of the building has not been completed. STAFF RECOMMENDATION: Approval with the following conditions: 1. Limit signage to the sign on mansard awning, pole sign, “DELI MEATS”, “HOT FOOD”, “DOWNTOWN DELI & GROCERY 501-244-9800”, “GROCERY”, AND “SANDWICHES” incidental signs affixed to the window in vinyl lettering, “OPEN” sign and one (1) neon beer sign in easternmost window if beer is approved for this location. 2. Obtaining a building permit for any interior remodeling and any exterior improvements. 3. Complete painting of the exterior of the building. 4. Each sign will require a sign permit from the Planning Department. 5. Obtain a Franchise permit for the awning, sign on awning and the ice machine. COMMISSION ACTION: March 11, 2013 Brian Minyard, Staff, made a brief presentation to the Commission with Staff recommendation. Commissioner Julie Wiedower asked if the two signs on the side of the building were in the recommendation. Mr. Minyard said that they were not. Chairman Chris Vanlandingham asked if the Commission had purview on items such as the ice machine. Debra Weldon, City Attorney’s Office, stated that the Commission did. Commissioner Mark Brown recused himself from the item since he owns property within the 150’ area. Ibrahim (Sam) Elsaidi addressed the Commission. Mr. Elsaidi said that he had no objection to the Staff recommendation. He did want to add a sign on the back of the building for visibility from Capitol Avenue. He said that the vendors put the signs in the front windows and that the vendors wanted them there. He claimed that the signs in the windows added security to the building. Commissioner Wiedower wanted to know what the sign on the rear of the building would be like. He replied that it was one of the signs he took down from the side of the building. She asked if it would be centered on the building and how high it would be located. Mr. Minyard stated that the policy of the Commission was to review things visible from a public street and that this would need to be reviewed since it would be visible from Capitol Avenue. He continued that this would need to be added to his Conditional Use Permit to be heard at the Planning Commission. Chairman Vanlandingham spoke in favor of reducing the clutter in the window. He also spoke that he was in favor of him opening a business in the neighborhood. Commissioner Randy Ripley asked about the bars on the doors and windows. These were installed inside the glass horizontally. Commissioner Wiedower asked about a trash receptacle outside on the sidewalk. Mr. Elsaidi replied that there was a trash can just inside the door. Commissioner Ripley asked what they did with their boxes since they do not own any land other than the building. Mr. Elsaidi said they rented space from the American Legion for a dumpster. More discussion was held on the layout of the rear of the building and it was determined that the sign would be centered on the building at the top of the wall, not above the wall. 8 of 10 Mr. Elsaidi verbally amended his application to add the rear sign. Commissioner Wiedower made a motion to approve the amended application to include a sign at the rear of the building and the five items in the Staff recommendation. Commissioner Toni Johnston seconded and the motion passed with a vote of 6 ayes and 1 recusal (Brown). Mark Brown rejoined the meeting after the vote at 5:27. 9 of 10 Application 10 of 10 Cover Letter