TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: 11/6/2013
SUBJECT: title
Resolution Approving a Revision to the Final Plan on Lots 1 and 2 of the Oakhurst Center Subdivision to remove previously approved restrictions on the use of the Electronic Message Center in the Shopping Center sign on the property located at 444 N Eola Road (Oakhurst Center, LLC - NA20/3-13.388-Fpn/R - TM - Ward 7) (APPEALABLE)
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PURPOSE:
The petitioner, Oakhurst Center, LLC, is proposing Final Plan Revision for the LED sign restrictions to be revised for Paulie's Pub & Grill, LLC located 444 N. Eola Road
BACKGROUND:
This Final Plan Revision petition, which is part of the The Oakhurst Center Special Use Planned Development, was referred by the City Council to the Planning Division on 11/5/2013.
Legislative History:
Date Review Body Motion Vote
11/6/2013 Planning Commission TBD
11/5/2013 Planning Council Forward Unanimous
DISCUSSION:
Development Proposal:
The proposal consists of revising condition 1a and removing condition 1d from the previously approved conditions from Resolution Number PDFNL09.020.
Evaluation:
Staff has reviewed the Final Plan Revision petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made all the requested changes to these documents and they now meet all of the applicable codes and ordinances.
In 2009 the operator of Paulie’s Pub sought a Final Plan revision to allow for the use of an Electronic Message Center (EMC). At that time the City had been experiencing issues with existing EMCs that had been installed with no oversight. Staff had determined that our ordinance was not adequate to deal with the perceived issues created by the advancements in the technology. Specifically animations and video were the largest concern of staff and the impact these signs could have on traffic.
As time has passed the City has decided to enforce the existing sign ordinance as it relates to EMCs. Many of these EMCs have been installed throughout the City and they are operating without the restrictions that had been approved for the operator. The operator at this time is asking that the more restrictive portions of the previous approval be revised and removed to allow for the even application of the ordinance across all properties.
Specifically, 1a on Exhibit “B” of Resolution Number PDFNL09.020 requires that “a. Messages must remain static (no animations or full motion video) for a minimum of thirty (30) seconds. The screen must fade completely to black prior to a new message being displayed;” The petitioner is requesting that the thirty (30) second restriction be reduced to the Sign Ordinance standard of fifteen (15) seconds.
Additionally, the petitioner is requesting that 1d be completely removed. 1d restricted the hours of operation of the sign to the following “d. Hours of EMC operation: the EMC may be illuminated one half hour (1/2) prior to opening, until one half hour (1/2) after closing. In no instance may this be earlier than 5:30 a.m. and no later than 12 a.m. For businesses that operate 24 hours, EMC’s must be turned off from 12 a.m. until 5:30 a.m.” Because there is no restriction on the hours of operation for other signs, they are permitted to operate 24/7. This is uniquely problematic for the operator, Paulie’s Pub is a bar and they are open on weekends until 2 a.m. The requirement that the sign be shut off at midnight prevents the use of the advertising for the bar while the establishment is still open.
The operator of the EMC has adhered to the conditions of the previous approval. The signage for this development is extremely large, total signage is approximately 197 square feet. The sign was originally approved as Shopping Center signage as part of the Special Use planned development for this property approved in 2005. The proposed 20 square foot full color LED message center would represent just over 20% of the total signage for the development.
The sign ordinance currently allows EMCs to consist of no more than 30% of the total signage and must be an integral part of the design of the sign. Messages are required to remain fixed for a minimum of 15 seconds.
Public Input:
As of the date of this report, staff has not received any public inquiries regarding this petition.
IMPACT STATEMENT:
The Planning and Zoning Division does not anticipate any impact to other City Department with the approval of this Petition.
RECOMMENDATIONS:
Planning Commission recommended Approval of the Final Plan Revision to remove previously approved restrictions on the use of the Electronic Message Center in the Shopping Center sign on the property located at 444 N Eola Road.
The Staff’s Recommendation is based on the following Physical Development Policies:
14.1 (5) To provide for the visual enhancement of the City through attractive landscaping, quality signage and diverse building design and arrangement.
32.0 To enhance the positive and minimize the negative impact and relationships that the location, design and appearance of commercial activities have on traffic patterns and on the stability and vitality of surrounding neighborhoods, other commercial centers, and the City as a whole.
ATTACHMENTS:
Property Information Sheet
Exhibit “B” Redline
Pictures
Approved Final Plan
Plat of Survey
Planning Council Summary
cc: Alderman Saville, Chairman
Alderman Irvin
Alderman Donnell
Alderman Hart-Burns, Alternate