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HomeMy WebLinkAboutZ-7427 Staff AnalysisJune 30, 2003 ITEM NO.: 9 File No.: Z-7427 Owner: SRM Properties, LLC Address: 326 President Clinton Avenue Description: Northwest corner of President Clinton Avenue and Ottenheimer Plaza Zoned: U Variance Requested: Variances are requested from the sign provisions of Sections 36-353 and 36-547 to allow installation of projecting signs. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Anai sis: The applicant's justification is presented in an attached letter. Mixed Use Mixed Use The property at 326 President Clinton Avenue is occupied by a two-story mixed use building. The proposal is to add a projecting sign at the corner of the building at Ottenheimer Plaza and President Clinton Avenue for the "SportsZone", a sports bar to be located in the north end of the building with access off of Ottenheimer. The projecting sign is larger, placed higher and at a different angle than permitted. It does have neon on the sign, which requires a larger thickness for the mechanical working of the neon. The applicant would also like the sign to be animated. The sequence of illumination would be as such: "S", "P", "O", "R", "T", "S", "Zone" and then the white outline of each letter "S", "P", "O", "R", "T", "S", "Zone". The "Bar & Grill" would be on continuously. The martini glass at the top would not be illuminated. June 30, 2003 Item No.: 9 (Cont. Several variances are needed from the River Market Design Overlay District and sign sections of the City's Zoning Ordinance for the proposed projecting sign. The requested variances are as follows: #1. Section 36-353(e)(1)(b) Height of projecting signs shall not extend past the sill of the second story windows. The sign would start below the windowsill of the second story window and extend above 10'-0". #2. Section 36-353(e)(1)(e) Projecting signs shall be placed at a 90 -degree angle to building. The request is to place the sign at 45 -degree angle to the corner of the building. #3. Section 36-353(e)(2)(a) Projecting signs shall have a maximum of twelve (12) square feet of sign face per side. The proposed sign will be slightly less than 20 sq. feet in area. #4. Section 36-353(e)(2)(b) Thickness of projecting signs shall be limited to five (5) inches. The proposed sign will be 18 inches thick for the neon mechanisms. #5. Section 36-353(e)(4)(b) Neon is not permitted on projecting signs. This sign has neon on both sides of the sign. #6. Section 36-547(6) Unless otherwise specified by this chapter, all signs may be illuminated. However, no sign regulated by this chapter may utilize. The illusion of movement by means of a preprogrammed repetitious sequential switching action in which illuminated elements of the sign are turned off or on to visually simulate the impression of motion characteristic of chasing, running, blinking, oscillation, twinkling, scintillating, or expanding and contracting light patterns. This sign would have a preprogrammed repetitious sequential switching action to illuminate the letters. The River Market Design Review Committee met on June 3, 2003 and reviewed the proposed signage. The DRC voted to approve the variances as listed above, with the bottom of the projecting sign being located just above the brick ledge separating the first and second floors. At the June 3, 2003 DRC meeting, the applicant presented a second projecting sign to be located along the Ottenheimer Plaza side of the building. This sign will be less than 12 square feet in area, and extend 2 June 30, 2003 Item No.: 9 (Cont. approximately five (5) feet out from the building. The applicant is requesting the following variances for the second projecting sign: #1. Section 36-353(e)(1)(c) Projecting signs shall extend a maximum of three (3) feet from the face of the building. The proposed sign would extend a maximum of five (5) feet from the building. #2. Section 36-353(e)(2)(b) Thickness of projecting signs shall be limited to five (5) inches. The proposed sign will be 18 inches thick for the neon mechanisms. #3. Section 36-353(e)(4)(b) Neon is not permitted on projecting signs. This sign has neon on both sides of the sign. #4. Section 36-547(6) Unless otherwise specified by this chapter, all signs may be illuminated. However, no sign regulated by this chapter may utilize. The illusion of movement by means of a preprogrammed repetitious sequential switching action in which illuminated elements of the sign are turned off or on to visually simulate the impression of motion characteristic of chasing, running, blinking, oscillation, twinkling, scintillating, or expanding and contracting light patterns. This sign would have a preprogrammed repetitious sequential switching action to illuminate the letters. The River Market DRC also voted to approve these variances on June 3, 2003. Staff supports all of the requesting variances with the exception of the variance from Section 36-547(6) for both signs. This particular section of the ordinance was established for public safety reasons, in an attempt to prohibit signs which could distract drivers of motor vehicles. Staff feels that the type of illuminated motion as proposed with the two projecting signs could create such distractions. Therefore, staff cannot support the requested variances from Section 36-547. C. Staff Recommendations: Staff recommends denial of the sign variances, as requested. 9 June 30, 2003 Item No.: 9 (Cont. BOARD OF ADJUSTMENT: (JUNE 30, 2003) Ronnie Wells was present, representing the application. There were no objectors present. Staff presented the application and noted that the applicant had amended the lighting plan for the two (2) projecting signs as noted in a letter dated June 27, 2003, and revised the application accordingly. Staff recommended approval of the revised application, subject to the following conditions: 1. The lighting of the signs is to be as revised by the applicant, as noted in the applicant's letter dated June 27, 2003. 2. The variances are approved for "Sports Zone" only. When this business vacates the building, the signs must be removed. 3. Sign permits must be obtained for the signs. 4. A franchise permit must be obtained for the signs. Ronnie Wells addressed the Board in support of the application. He described other signs in Little Rock which had similar lighting as he was proposing. Fred Gray expressed concern with the proposed sign lighting. He explained that animated -type signs might not be appropriate in the River Market District. Chairman Ruck expressed concern with the type of sign lighting proposed. The issue related to sign lighting was discussed. Andrew Francis noted that past actions of the Board of Adjustment set no precedence for other variance cases. He noted that no hardship existed regarded the proposed sign lighting. This issue was briefly discussed. There was a motion to approve the revised application as recommended by staff. There was a brief discussion of the motion. Staff suggested having two (2) separate motions, one (1) on the proposed variances from Section 36-353 and one (1) on the variances from Section 36-547. Mr. Wells amended the application to remove the variances from 36-547, noting that the signs would be continually lighted. Therefore, the motion was to approve the variances from Section 36-353 as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. 4 AGENDA RIVER MARKET DESIGN REVIEW COMMITTEE June 3, 2003 8:30 AM 2"d Floor Conference Room, River Market I. Roll Call —finding of quorum Presentation of Items: 1. Minutes 2. SportsZone 3. Ordinance revisions 4. Sign ordinance June 3, 2003 ITEM NO.: 2 Name: SportsZone Location: 326 East Clinton Ave. Reouest: projecting sign and associated variances Source: Ronnie Wells, Custom Sign and Neon PROPOSAL I REQUEST - The proposal is to add a projecting sign at the corner of the building at Ottenheimer Plaza and President Clinton 2' Avenue for the "SportsZone", a sports bar to be located in the north end of the building with access off of Ottenheimer. The projecting sign is larger, placed higher and at a different angle than permitted. It does have neon on the sign, which requires a larger thickness' for the mechanical working of the neon. The applicant would also like the sign to be animated. The sequence of illumination would be as such. "S", "P", "0", "R11, "T", "S", "Zone" and then the white outline of each letter "S", "P", "O", "R", "T", "S", "Zone". The "Bar & Grill" would be on continuously. The martini glass at the top would not be illuminated. This application is for the projecting sign only. All other signage will come before the DRC at a later date. HIM L'J Variances needed: L!r!posed sign #1. Sec 36-353 (e)(1)(b) Height of projecting signs shall not extend past the sill of the second story windows. The sign would start below the windowsill of the second story window and extend above 10'-0". #2. Sec 36-353 (e)(1)(e) Projecting signs shall be placed at 90 -degree angle to building. The request is to place the sign at 45 -degree angle to the corner of the building. #3. Sec 36-353 (e)(2)(a) Projecting signs shall have a maximum of twelve (12) square feet of sign face per side. The proposed sign will be slightly less than 20 sq feet in area. #4. Sec 3.6-353 (e)(2)(b) Thickness of projecting signs shall be limited to five (5) inches. The proposed sign will be 18 inches thick for the neon mechanisms. #5. Sec 36-353 (e)(4)(b) Neon is not permitted on projecting signs. This sign has neon on both sides of the sign. #6 Sec 36-547 (6) Unless otherwise specified by this chapter, all signs may be illuminated. However, no sign regulated by this chapter may utilize: The illusion of movement by means of a preprogrammed repetitious sequential switching action in which illuminated elements of the sign are turned off or on to visually simulate the impression of motion characteristic of chasing, running, blinking, oscillation, twinkling, scintillating, or expanding and contracting light patterns. This sign would have a preprogrammed repetitious sequential switching action to illuminate the letters. �6F {A-� Proposed Projecting Sign Exterior of building showing proposed signage. RECOMMENDATION: Staff supports the variances for the following items: angle to building (#2), thickness of sign (#4) and permitting neon on sign (#5). Staff does not support the variance for location (#1) nor does it support the size variance (#3) nor the variance for animation (#6). Staff recommends that the sign be reduced to 12 square feet in size and mounted with a nine (9) feet clearance off of the sidewalk. If the top of the sign exceeds the height of the second floor windowsill with this location, Staff would support it. June 3, 2003 ITEM NO 3 Name: Ordinance Review Source: Brian Minyard, Staff The Plans Committee, a sub committee of the Planning Commission, has reviewed the proposed changes to the ordinance. There were no changes to the text as submitted. The ordinance package will go to the August 7, 2003 Planning Commission and then to the Board of Directors in mid September. If we have resolution on the newspaper boxes by that time, we will include it in the package. If not, we will take it to the Planning Commission/Board of Directors at a later date. Staff would request that at least one of the members be at the Planning Commission and the Board of Directors meeting to answer questions. Staff will make any presentation to the commission, but the Commissioners do ask questions that might be best answered by a DRC member. June 3, 2003 ITEM NO.: 4 Name: Sign Ordinance Source: Brian Minyard, Staff This item is in response to the request by Greg Hart and Millie Ward to discuss the current interpretation of the ordinance concerning signs that are hung on the interior of buildings that are intended to be viewed from the exterior only. According to Dana Carney, Zoning and Subdivision Manager, any signage that is displayed in the interior of a building that can only be seen from the exterior of the building does in fact constitute a sign. Any design that was applied to the exterior of the window blinds, or on any other surface (wood, metal, plastic, etc.) that had advertising copy, name of business, etc. would constitute a sign. That sign would have to conform to the River Market Overlay and would have to appear before the DRC committee. A business can place artwork in the windows that can only be seen from the exterior of the building. However, that artwork cannot contain any business name, or any other copy that would constitute a sign.