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2011-074-1467-Z-104 - Approving the Application submitted by OKS Stadium LLC City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: May 4, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: 2.5.1 Adopt revised Zoning Code/Land Development Regulations by 2009, including the incorporation of new sign code X Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: RESOLUTION No. 2011-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION SUBMITTED BY OKS STADIUM, LLC, FOR PROPERTY GENERALLY LOCATED AT NORTHWEST 27TH AVENUE AND NORTHWEST 199TH STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, FOR A NON-USE VARIANCE OF ARTICLE XVII OF SECTION 34-667(1)(A) OF THE CITY’S LAND DEVELOPMENT CODE TO ALLOW THREE (3) MONUMENT SIGNS WHERE TWO (2) MONUMENT SIGNS ARE ALLOWED ON PROPERTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONDITIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The Applicant, Hope Calhoun, Esq. representing OKS Stadium, LLC (aka Sonic Restaurant) is requesting a non–use variance of the City’s sign regulations to allow a third monument sign on the Walmart site located at N.W. 27 Avenue and N.W. 199 Street. Walmart currently has two existing (2) monument signs, one on each frontage. Sonic is building a restaurant on an outparcel of the Walmart site that faces N.W. ITEM 10-A) RESOLUTION PUBLIC HEARING Application by Walmart Stores East LP Sonic Restaurant Sign Variance PH-2011-000062 199 Street and is requesting to have signage along N.W. 27 Avenue. The signage proposed along N.W. 27 Avenue would have to be placed on the Walmart site, since the Sonic Restaurant site itself, does not have direct frontage on N.W. 27 Avenue, resulting in the Walmart site having a total of three (3) on site monument signs where the sign regulations allow two (2) on site monuments signs, thus requiring a nonuse variance. Proposed Action: Staff recommends granting approval of the Resolution subject to the following conditions: 1. That the applicant submit and obtain Sign Plan approval from the Planning and Zoning Department prior to issuance of the building permit for the proposed monument sign. 2. That the plans submitted for building permit for the signage be substantially in compliance with those submitted with this application titled, “Sonic Family of Signs” as prepared by Cook Neon Signs, Inc. consisting of one sheet. Attachments: • EXHIBIT “A” LEGAL DESCRIPTION • EXHIBIT “B” STAFF RECOMMENDATION Sonic Restaurant Sign Variance PH-2011-000062 EXHIBIT “A” LEGAL DESCRIPTION Sonic Restaurant Sign Variance PH-2011-000062 EXHIBIT “A” LEGAL DESCRIPTION A PORTION OF LOT 1, BLOCK 1, OF THE “WAL-MART ON HONEY HILL PLAT” ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 164, PAGE 58, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Sonic Restaurant Sign Variance PH-2011-000062 STAFF RECOMMENDATION PH-2011-000062 APPLICATION INFORMATION: Applicant: OKS, Stadium LLC Agent: Hope Calhoun, Esq. Project Name: Sonic Restaurant Site Location: SE corner of N.W. 27 Avenue and N.W. 199 Street Property Size: ± 33 Acres Future Land Use: Commerce Existing Zoning: PCD, Planned Corridor Development REQUESTED ACTIONS: 1. Non-use variance to allow three (3) monument signs on the property where a maximum of two (2) monument signs are permitted; ______________________________________________________________ _______________________ RECOMMENDATION Recommend approval of the Resolution subject to the following condition: 1. That the plans submitted for building permit for the signage be substantially in compliance of those submitted with this application titled “Sonic Family of Signs” as prepared by Cook Neon Signs, Inc. consisting of one sheet. 2. That the applicant submit and obtain a sign plan approval from the Planning and Zoning Department prior to issuance of the building permit for the proposed monument sign. 3. That the monument sign may be altered or replaced without modification of these imposed conditions providing the alteration or replacement of the sign is in compliance with the City’s sign regulations in effect at such time. REVIEW AND ANALYSIS Neighborhood Land Use Characteristics Property Zoning Existing Use Future Land Use Site PCD, Planned Corrid Development, R-1, Single Fam Residential, R-15, Multi-Fam Residential Walmart Store and Neighborho Buffer Area Commerce North Miami Dade County BU-2 Sun Life Stadium Commerce Sonic Restaurant Sign Variance PH-2011-000062 South PCD, Planned Corrid Development Unimproved Commerce East R-1, Single Family Residential Single Family Residential Neighborhood West PCD, Planned Corrid Development Retail/Commercial Commerce The 33 acre site is located in the southeast corner of N.W. 27 Avenue and N.W.199 Street and is developed with a Walmart store with two unimproved outparcels. To the north is the Sun Life Stadium site with parking, while to the west and south are developed with retail and commercial uses. The property to the east is developed with single family residences. Project/Background Information • OKS Stadium LLC is planning to build a Sonic Restaurant on the .95 acre outparcel of the Walmart site located at southeast corner of N.W. 27 Avenue and N.W. 199 Street. • The .95 acre Sonic Restaurant outparcel is located approximately 200 ft. to the east of N.W. 27 Avenue with no actual site frontage on N.W. 27 Avenue. Sonic would be allowed a monument sign on N.W. 199 Street consistent with the site’s frontage. • During staff’s DRC (Development Review Committee) review of the development plans it was noted that a monument sign was proposed along N.W. 27 Avenue on the Walmart site which could not be accommodated without a variance to the Walmart site since Walmart already has its’ two (2) permitted monument signs. • Walmart has since authorized a variance request on the property to allow the third monument sign which will facilitate the Sonic outparcel signage on N.W. 27 Avenue. A variance would have not been required if Walmart had only one monument sign and was adding the Sonic monument sign as its’ second sign. However, Walmart already has monument signs along N.W 27 Avenue and along N.W. 199 Street. Sign Code Review and Analysis In evaluating this application the following Sections of the Land Development Regulations (LDRs) were considered: “Sec.34-656 – Variance and waivers. Whereas it is the attempt of this sign code to reduce the proliferation of the number, size and types of signs, and whereas it has been determined that less-obtrusive signs will ultimately lead to a healthier economy within the city, therefore no sign shall be permitted to be installed, altered, erected, constructed, posted, painted, maintained, or relocated, contrary to the provisions of this article unless a variance or waiver is approved by a majority vote in favor of granting such a variance and waiver by the members of the city council. (1) A decision to grant a variance or waiver must be in conformance with the following criteria and procedure: a. There is something unique about the building or site configuration that would cause the signage permitted by this article to be ineffective in identifying a use or structure that would otherwise be entitled to a sign. Sonic Restaurant Sign Variance PH-2011-000062 b. The grant of a variance or waiver is not contrary to the plan and intent of the sign code or any adopted redevelopment plan or policies, the aesthetics of the area, and does not create a nuisance or adversely affect any neighboring properties. c. The sign provides certain aesthetics, landmark recognition, or public benefit that is in the best interest and general welfare of the city, without detrimental impacts to the surrounding area. Sec. 34-649 – Purpose and intent (a) These sign regulations and requirements are the minimum requirements to promote the public health, safety, comfort, good order, appearance, morals and general welfare, and to protect the character of residential, business and industrial areas throughout the city, and to conserve the taxable value of land and buildings and to protect the character and maintain the stability of residential, business, and industrial areas within the city and to promote the orderly and beneficial development of such areas. The display of signs should be appropriate to the land, building or use they identify and be adequate, but not excessive, for the intended purpose of identification or advertisement. (b) Unless otherwise prescribed herein, signs placed on land or on a building for the purpose of message display, identification or for advertising a use conducted thereon or therein shall be deemed to be accessory and incidental to subject land, building or use. With respect to signs advertising business uses, these regulations are specifically intended to avoid excessive competition and clutter among sign displays in the demand for public attention.” Reviewing the above-noted criteria for granting variances of the LDRs, consideration is given to the significant size of the property (approximately 33 acres) and approximately 1200 ft. of frontage on N.W. 27th Avenue. As a single site the LDRs allows a maximum of two monument signs of which the two (2) could be located along the approximate 1200 ft. frontage of N.W. 27 Avenue. The additional one monument sign along this 1200 ft. frontage of N.W. 27 Avenue would allow Sonic Restaurant the identification and advertisement to the heavy traffic along one of the City’s main roadways. The third onsite sign on N.W. 27 Avenue would not be contrary to the purpose of the LDR sign requirements which intends to avoid excessive competition and clutter among sign displays in the demand for public attention. . Conclusion: The requested variance is not contrary to the purpose and intent of the LDRs which is in part to allow the display of signs appropriate to the land, building or use they identify and be adequate, but not excessive, for the intended purpose of identification or advertisement which at the same time do not create a nuisance or adversely affect any neighboring properties; while providing certain aesthetics, landmark recognition, or public benefit that is in the best interest and general welfare of the City, without detrimental impacts to the surrounding area. Sonic Restaurant Sign Variance PH-2011-000062 ADDITIONAL INFORMATION Anticipated Facilities Impact The subject application pertains to signage and, as such, will not create additional impact upon the existing urban services and facilities. Public Notification/Comments In accordance with the Zoning Code, notification of this rezoning request was mailed to property owners within 500 ft. radius of the subject site to provide them an opportunity to comment on or object to the application if they so choose. (See Mailed Notice Radius Map, attached). Attachments: Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Radius Map Submitted Plans