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Home My WebLink AboutZ-4043-D Staff AnalysisOctober 25, 1999 Item No.: 2 File No.: Z -4043-D Owner: McDonald's Corporation Address: 4111 S. University Avenue Descriptio Long Legal Zoned: C-3 Variance Requested: Variances are requested from the sign height and area provisions of Section 36-555 to permit a ground -mounted sign which exceeds 36 feet in height and 160 square feet in area. Justification: The applicant's justification is presented in an attached letter. Present Use of Proper Convenience store complex under construction Proposed Use of Proper Convenience store complex with bank, restaurant and car wash Staff Report: A. Public Works Issues: No issues related to this sign variance_ B. Staff Analysis: McDonald's Corporation is constructing a large convenience store with gas pumps, restaurant, bank and automatic car wash on the C-3 zoned property located at 4111 South University Avenue. The project is well under way and appears to be nearing completion. McDonald's proposes to place two ground -mounted signs on the site, fronting onto University Avenue. Sign 1 is proposed to be 55 feet in height and 330 square feet in area. This sign will hold only the McDonald's and Texaco logos. Sign 2 is proposed to be 25 feet in height and 136 square feet in area. This second sign will accommodate the McDonald's and Texaco logos October 25, 1999 Item No.: 2 (Cont. as well as additional signage for the bank, carwash, gas prices and a McDonald's reader board. The site does have 300' 10" of frontage on S. University Avenue and is permitted to have two ground -mounted signs. The code limits the height and area of ground -mounted signs in the commercial districts to 36 feet and 160 square feet respectively. Sign 2, as described above, conforms to ordinance standards. Sign 1 is proposed to be 19 feet taller and 170 square feet larger than code maximums. The applicant has stated that the taller sign is required due to visibility problems created by a tree line to the south and an adjacent shopping center sign. Staff does not support the variance and disagrees with the applicant's contention that the larger and taller sign is necessary to provide visibility. The site is, in staff's opinion, highly visible from University Avenue. Traffic traveling northbound on University has no choice but to pass by the site once it has passed 53rd Street, 1 mile to the south, and Falls Drive (Landers Ford), 1-� mile to the south. The University Avenue right-of-way is approximately 200 feet wide at this point, providing greater visibility than perhaps from any other street in the City. The site is visible from southbound University, at the Asher Avenue intersection. Once traffic passes through the intersection, southbound, it must pass by the site. If traffic is in either turn lane from southbound University at Asher, it is doubtful that increased signage would make it any easier for persons in those lanes to make their way around and to the site. The McDonald's and Texaco logos are two of the nation's most easily recognizable corporate symbols and it is staff's belief that the signs would be recognizable to the average citizen even with limited visibility over a great distance. Allowing the larger, taller sign is, in staff's opinion, unnecessary and out of character with other signs in the area. On September 28, 1998, prior to construction of the convenience store development, McDonald's Corporation appeared before the Board of Adjustment requesting variances to have two ground -mounted signs, one 40 feet in height and 184 square feet in height and the other to be 65 feet tall and 523 square feet in area. The Board unanimously approved E October 25, 1999 Item No.: 2 (Cont.) the smaller sign and unanimously denied the larger sign. Staff does not believe circumstances have changed. C. Staff Recommendation: Staff recommends denial of the requested sign height and area variances. BOARD OF ADJUSTMENT: (OCTOBER 25, 1999) Barksdale McKay was present representing the application. There were no objectors present. Staff presented the item and informed the Board that the applicant had failed to provide proof of notice. Mr. McKay addressed the Board and stated that he only became aware on Friday, October 22 that McDonald's had not completed the required notices. He stated that he subsequently spoke with all but one of the property owners within 200 feet of the site and had a statement of approval from all but 3 of those. Mr. McKay stated that the Denny's and United Artist corporate offices were out of state and he could not get a written statement of approval over the weekend from them. Mr. McKay gave the written statements, copies of the notices and the list of area property owners to the Board for their review. Mr. McKay stated that the sign provided by the City had been up on the property for 4 weeks. A motion was made to waive the Bylaws and to accept the notice as performed by the applicant. The motion was approved by a vote of 5 ayes, 0 noes and 0 absent. Staff then presented the variance issue and stated a recommendation of denial for the sign variance as requested. Dana Carney, of the Planning Staff, then offered support for a compromise. Mr. Carney stated that staff could support some increase in height and area above that allowed by the code. Mr. Carney suggested that the McDonald's and Texaco logos be mounted side by side, rather than one above the other, reducing the overall sign height to 44-45 feet. He also stated that staff could support a total sign area for sign number 1 of 200 square feet. Mr. McKay addressed the Board in support of his application. He presented photographs showing the visibility of the site from 3 October 25, 1999 Item No.: 2 (Cont. both northbound and southbound University Avenue. Mr. McKay stated that the taller sign was needed to provide visibility for potential customers, particularly out of town visitors. He stated that the sign would be difficult to see due to trees and other signs in the area. Mr. McKay described the facility as the first of its kind in Arkansas. Director Joan Adcock, of the Little Rock Board of Directors, spoke in.support of the variance request. She made note of the variety of sign heights in the area and surmised that there would be no impact from allowing the increase height requested by the applicant. Director Adcock stated that she had observed the reduced visibility created by the trees along Fourche Creek. She stated that the City was committed to improving South University Avenue. Director Adcock made note of the applicant's $2,000,000 investment and asked for approval of the requested variance. There was then a brief discussion of the width of the right-of- way for University Avenue and where the proposed sign was to be located. Chairman Langlais asked Mr. McKay if he had a response to staff's offer of a compromise. Mr. McKay stated that he had no problem with putting the signs side-by-side but that it would be difficult to accept the size limit proposed by staff. Mr. McKay stated that the signs were pre -made. He stated that a smaller sign, as proposed by staff, would not be functional on a taller structure. He reiterated his agreement to put the signs side-by- side, reducing the height requested to 45 feet, and his desire to have the 330 square feet in area. A motion was made to approve the sign height and area variance as initially requested by the applicant (55 in height and 330 square feet in area). The motion failed by a vote of 2 ayes, 3 noes and 0 absent. A motion was then made to approve variances allowing a sign height of 45 feet (to the top of the sign), with the logos to be side by side, and a sign area of 330 square feet. The motion was approved by a vote of 3 ayes, 2 noes and 0 absent. 4