LEGAL APPROVAL
~ City of
t;Boyn ton t;Beacti
100 'E. 1Joynton 1Jeadi 1Joufevard
p.o. 1J~310
1Joynton 1Jeadi, :JforiIfa 33425-0310
City !J{aff: (561) 375-6000
:J.fU: (561) 375-6090
December 9, 1996
Ms. Anna Cottrell, AICP
Basehart & Cottrell, Inc.
1532 Old Okeechobee Road, Suite 101
West Palm Beach, FL 33409
Re:
File No.:
Location:
Shoppes of Woolbright PCD - Sign Program
MSPM 96-005
Southeast and southwest comers of the intersection ofS.W. 8th Street and
Woolbright Road
Dear Ms. Cottrell,
Enclosed is the City of Boynton Beach Development Order regarding Commission approval of
your request for major site plan modification.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
r---
1J-
~//~c,t<-U. ""
Tambri J. Heyden, Al
Planning and Zoning Director
"7/ ?
r;v<--y' c'j'.J2.v
TJH:dar
Attachment
xc: Central File
Michael Morton
D:\SHARE\ WP\PROJECTS\SHPSWOOL\MSPM\DEVELORD.WPD
5tnuma's (jateway to tfie (julfstream.
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
~(!: ~~
o m' UW~fiiJ
DEe 9 1900 ~
~~'NG AND
DEPl
APPLICANT: Michael Morton. Tradewinds Group
APPLICANT'S AGENT: Anna Cotrell. Aaent for the Tradewinds . Inc..
DATE OF HEARING BEFORE CITY COMMISSION: November 19.1996
TYPE OF RELIEF SOUGHT: Maior Site Plan Modification. Reauestina approval to modify
the approved sian proaram. In addition to the freestandina sians that have already been
approved. additional sianaae is reauested. more specificallY. new freestandina
(monuments) and wall sianaae for outparcels and main buildina tenant(s).
LOCATION OF PROPERTY: Southeast and southwest corners of the intersection of S.W.
8th Street and Woolbriaht Road.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on the date of hearing stated above. The City Commission having
considered the relief sought by the applicant and heard testimony from the applicant,
members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
2. The Appli"~~
.-2HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative
staff, or suggested by the public and supported by substantial competent evidence are as
set forth on Exhibit "C" with the notation "Included".
4.
The Applicarft's application for relief is hereby
~GRANTED subject to the conditions referenced in paragraph 3
hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the
terms and conditions of this order.
7.
Other:
DATED: November 19.1996
/
!
A
/'1
/
/
_:~~"'~<1L- /~V9h
City lerk
ADDITIONAL CONDITIONS FROM COMMISSION MEETING
1. Submit a rectified master plan for the Shoppes of Woolbriaht PCD, showina
compliance with the conditions of all previous approvals. prior to issuance of any further
buildina permits within the PCD. excludina the buildina permit for Buraer Kina.
2. All monument sians (includina RaceTrac. Buraer Kina. Discount Auto and future
parcel tenants) be desianed to match the monument sian proposed for RaceTrac and that
the size of monument sians be 56 SQuare feet. with a maximum heiaht of 4 feet and a
maximum width of 8' on top of a two foot hiah base.
EXHIBIT "C"
Conditions of Approval
Project name: Shoppes of Woolbright PUD - Sian Program
File number: MSPM 96-005
Reference: The clans consist of 9 sheets identified as 1 st Review. Maior Site Plan Modification. File #MSPM 96-005
with an Seotember 25. 1996 Planning and Zoning Department date stamo marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
'I\]()I\]I=
UTILITIES
'I\]()I\]I=
FIRE
. I\]()NI=
POLICE
- . NONF
DEVELOPMENT DEPARTMENT
Comments:
1. Reference sign locations by dimension to property lines. Chap.21, Art.I, Sec.5B /
& C, pg. 21-1.
2. Designate tenants for all ground signs. Chap.21, Art.I, Sec.5K, pg.21-3. /'
3. Provide justification for proposing more than one pylon sign for Home Depot. ~
Chap.21, Art.IV, Sec.3B, pg.21-17.
4. Provide justification for proposing additional ground signs on Parcel 3. Chap.21, ~
Art.IV, Sec.3G, pg.21-17.
5. Walmart and Discount Auto signs are limited to 64 sq. ft. Chap.21, Art.lV, /
Sec.2B, pg.21-16.
6. Reader board for Burger King must be part of ground sign subject to code /
specified maximum size. Chap.21, Art.IV, Sec.2D, pg.21-16.
7. Show colors, lettering types, logos. Chap.9, Sec.101, pg.9-5. /
8. RaceTrac wall sign is limited to code specified maximum size. Chap.21, Art.lV, /
.c::",,..?r no ?1-1fi
PARKS AND RECREATION
r. . NONI=
FORESTER/ENVI RONMENT ALlST
Comments:
9. The applicant shall identify any existing trees which. may be affected by the /
nf th", c::.innc::.
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments:
10. Provide a clear identification system correlating the table of contents with the /
submitted sheets. All cross-references included in the project shall be made in
reference to the sheet code as identified in the table of content. /
11. On the site plan, sheet 2 of 9, distinguish locations of existing and proposed V
signs.
12. No business identification (sign copy) was submitted for the monument sign
proposed for the northernmost portion of Parcel "C". Provide a note on the
master plan that the approval of this sign is limited to location only. A /
subsequent submittal of the sign copy shall meet the conditions (regarding color
and helvetica letter style) of this sign program approval, otherwise a future
revised sign program (Major Site Plan Modification) will have to be submitted for
review and approval by the City Commission.
13. On sheet 5 of 9, specifications for typical store signs are laid out. Clarify in ~
which locations these typical store signs are to apply.
14. All signs proposed must meet the minimum setback requirements of 10 feet. On
the master plan include all required setbacks. Also, provide colored elevation
drawings of the missing sign elevations for Burger King and Discount Auto at /'
the Planning and Development Board meeting with color samples of all materials
to be used in manufacturing and constructing the signs.
15. City's LDR, Chapter 9 - Community Design Plan allows only two (2) colors,
(except for white and black) to be used for signs in shopping centers. On the
site plan, sheet 2 of 9 include a tabular summary of all colors proposed for the ~
signage in this development Mark with an asterisk colors already approved by
the City Commission.
16. If colored elevations of all proposed signs, as required by the LDR, Chapter 4,
Section D are not submitted for the Planning and Development Board meeting, l/
it is recommended that the elevations go back before the Commission as a
future site plan approval, prior to application for permit.
17. Chapter 9 of the LDR, Community Design Plan, Section 10.1.2 requires that a ./
single sign style shall be used for wall signage on all buildings on the site signs
are predominately channel. Therefore comply with this requirement of the city
code or file an application for a Community Design Plan appeal from this code
provision.
18. Chapter 9 of the LDR, Community Design Plan, Section 10.1.8 allows only one
lettering style, in addition to the lettering styles of the nationally registered copy,
to be used by all tenants/outparcel owners in the PCD. Signs are currently ~
helvetica. Comply with this requirement of the city code or file an application for
a Community Design Plan appeal from this code provision. (Burger King's letter
style must be changed. No letter style information was submitted for the
remainina uses.)
Page 3
Shoppes of Woolbright PCD - Sign Program
File No. MSPM 96-005
I DEPARTMENTS INCLUDE REJECT
19. For the Home Depot property, two pylon signs are shown along the frontage of
Woolbright Road, approximately 220 feet apart. The sign code allows only one
freestanding sign for Home Depot, on the Home Depot property, therefore pylon
signs shall be limited to one. No business identification (sign copy) was /'
submitted for the easternmost sign. Provide a note on the master plan that the
approval of this sign is limited to location only.
20. Submit a rectified master plan for the Shoppes of Woolbright PCD showing
compliance with the conditions of all previous approvals, prior to permits being ~
issued for sign age approved with this request.
21. All monument signs shall provide appropriate, unobstructed cross-visibility at all
points of access as described in LDR, Chapter 7.5, Article II, Section 5.H. /
22. Two freestanding (one pylon and one monument) signs are proposed on the
Burger King property. The sign code allows only one freestanding sign for
Burger King. Therefore, freestanding signs shall be limited to one. Since /
there are pylon signs existing and proposed along Woolbright Road, it is
recommended that Burger King's sign be located along S.W. 8th Street and
not Woolbright Road to minimize the number of signs in the short distance
between S.W. 8th and 1-95 alonQ WoolbriQht Road.
23. Submit a rectified master plan for the Shop pes of Woolbright PCD, showing ~
compliance with the conditions of all previous approvals, prior to issuance of
any further buildinQ permits within the PCD.
24. Since at this time it is unknown whether the remainder of the PCD will be
developed as one large commercial use or multiple stores within a shopping
center arrangement, a revised sign program application shall be submitted in the /
future simultaneously with a site plan application for the remainder of the PCD,
to provide details for store wall signage (in-line tenants), if this type of use is
orooosed in the future.
25. It is recommended that all monument signs (including RaceTrac, Burger King, ~
Discount Auto and future parcel tenants) be designed to match the monument
sign proposed for RaceTrac and that the size of monument signs be four feet
hinh hv ~inht f~~t Innn nn tnn nf ~ ....- &_-" hinh h~!':~
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
26. Delete #3.
27. Delete #4.
28. Delete #13.
29. Delete #15.
Page 4
Shoppes of Woolbright PCD - Sign Program
File No. MSPM 96-005
DEPARTMENTS INCLUDE REJECT
30. Reword #18 as follows: Chapter 9 of the LDR, Community Design Plan, Section
10.1.8 allows only one lettering style, in addition to the lettering styles of the
nationally registered copy, to be used by all tenants/outparcel owners in the
PCD. Signs are currently helvetica. Comply with this requirement of the city /
code or file an application for a Community Design Plan appeal from this code
provision. (Burger King's letter style must be changed unless the lettering is a
registered trademark. No letter style information was submitted for the
remaining uses.)
31. Reword #20 as follows: Submit a rectified master plan for the Shoppes of
Woolbright PCD showing compliance with the conditions of all previous ~
approvals, prior to platting of Discount Auto (parcel 2).
ADDITIONAL CITY COMMISSION CONDITIONS
32. To be determined.
JL:bme
d:lWOOLPCOWPO
LOCATION MAP
SHOPPES OF WOOLBRIGHT . PC[
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CITY of /
BOYNTON BEACH
@
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435-0310
(401) 734.8111
OFFICE OF THE PLANNING DIRECTOR
August 27, 1990
Mr. Robert Gomez
902 Clint Moore Road, Suite 124
Boca Raton, Fl. 33487
~ I(./J f12p6r"I1/),,\
RE: Shoppes of Woolbright - Site Plan Modification (Signs)
File No. 527
Dear Mr. Gomez:
Please be advised that on Tuesday, August 21, 1990, the City
Commission approved the referenced site plan modification (sign
program), subject to staff comments, copies of which are
attached, and including the landscape stipulations recommended by
the Community Appearance Board (see attached). With respect to
the sign variances requested, the City Commission approved only
those variances allowing the Home Depot bUilding signs as
presented and one freestandin sign limited to 30 feet in height,
150 square feet in size and the J.dentifJ.cation of the pro)e
name, Home Depot and ~wo tenants. Said sign snaIl be centrally
~ocated along the Woolhright Road frontag~ with a minimum
setback of 10 feet from any property line so as not to conflict
with required landscaping and easements.
These plans were approved subj ect to your compliance wi th the
attached stipulations and must now be modified to incorporate
same. To initiate your sign-off procedure, please submit two (2)
sets of modified plans to the Office of the Site Development
Division of the Building Department, which will record the
required identification markings on each set of the modified
plans.
After each set of modified plans has the appropriate markings,
you should proceed with your sign-off on each set of plans from
each Technical Review Board member who made comments. The Zoning
& Site Development Administrator will provide the Building
Department sign-off and is the last Technical Review Board member
TO: Mr. Robert Gomez
-2-
August 27, 1990
to review and sign-off the plans. If the Building Department did
not have comments that require sign-off, they are still the last
department to handle and process the plans. One (1) set of final
signed-off plans will remain with the Building Department and the
other set of plans will be returned to you to be retained at the
job site.
To help facilitate the sign-off process, you should make an
appointment to meet with each Technical Review Board member (only
those members who made comments), to allow them sufficient time
to review and sign-off the modified plans. After securing all
the required Technical Review Board member signatures and
completing processing by the Site Development Division, you may
apply for bUilding permits by SUbmitting the appropriate
documents and fee to the Plan Review and Permitting Division of
the Building Department. The Building Department will advise you
as to any additional permits which may be required, such as Palm
Beach Health Department (water and sewer), clearing/grubbing,
excavation/fill, drainage, paving, site lighting, landscaping and
irrigation.
The approval of the City entitles you to construct
improvements shown on the site plan. The site plan
viewed procedurally as an as-built or record drawing.
have any questions concerning this matter, please do not
to contact me.
only the
wi 11 be
If you
hesitate
Very truly yours,
CITY OF BO~EACH
d::: I ~OLDEN
Interim Planning Director
JJG:frb
Encs
cc: Technical Review Board
C:ShofWl
x
MINUTES - REG -_.~ CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 21, 1990
Mr. Chuck Capella, representative for the owner, noted his
company was not responsible for the banners. Once Mr.
Capella has the permit) he estimated the sign could prob~bly
be fabricated and installed in about three weeks. Scott
Blasie, Administrator of Code Enforcement stated the 30 day
clock on the violation had started about two weeks ago, so
they were. looking at another two weeks. The restaurant
would be brought before the Code Enforcement Board during
the third week In September.
Mr. Jaeger explained the Sign Code does allow temporary
signage once they submit for a permit. They could be issued
a temporary sign permit to allow the banners. The ,Mayor
thought businesses should be advised of that fact rather
than finding out from Code Enforcement. Mr. Jaeger lpdi-
cated they have told them that, however, they have to go
through the site plan approval process first before they
can sUbmit for the permit. Once they submit for the permit,
they can sUbmit for the temporary signage.
It was noted the Community Appearance Board and Planning &
Zoning Board had approved the sign. Johnnetta Broomfield,
Director of Community Improvement indicated the sign
complied with the downtown sign guidelines.
\
\
\
I
I
,
,
Vice Mayor Wische moved to approve the sign. Commissioner
Olenik seconded the motion for discusa~on purposes.
Cynthia Greenhouse, 618 N.E. 20th Lane, 'Boynton Beach stated
banner signs are presently prohibi ted. Sh'e made remarks
about the three draped banner signs and stat~d the
restaurant was requesting approval of a sign\~hen they were
in violation. Mrs. Greenhou~e thought the reitaurant had .
"tl1umbed its nose" at the CitY'since being cited. and she I
explained. "
Discussion took place regarding ba ner signs that some I
tenants at the Winn Dixie shopping enter had put up during:
recent renovation and the fact that ey had also been cited
by Code Enforcement. Mr. Blasie indi ~ted all but one '
tenant had removed the banners volunta~~ly. The remaini~g
case had been cited. ,
Mayor Moore called for a vote on the motion. The motion i
carried 4-1. Commissioner Weiner voted against the motion."
.-------
5. Project: -----.--Sho.ppes of WOOlbright
Agent: Robert Gomez, Project Manager
Owner: Tradewinds Development Corp.
c/o Howard Scharlin
Woolbright Rd. at the L.W.D.D. E-4
Location:
11
MINUTES - REC A CITY COMMISSION MEETINu
BOYNTON BEACH, FLORIDA
AUGUST 21, 1990
Canal, northeast corner
SIGN VARIANCE AND SITE PLAN: Request
for approval of an amended site ~lan
to allow for .project signage
Jtm Golden eXplained the TRB recommended appro~al of this
request with the exception of the sign variance request
which had "to be addressed by the Commission. When this
request Went to the Planning & Zoning Board; the Board
recommended approval and at that time the developer offered
to move the 50' high free-standing sign from the southeast
corner of the building to the northeast and reduce the
height from 50' to 40'.
Description:
Vice Mayor Wische reported on the CAB's recommendations.
City Manager Miller stated there were two pylon signs, one
on the east and one on the West. Staff recommended the east
pylon sign, referred to as the liB" sign, (next to 1-95) be
eliminated. Mr. Miller stated it was recommended that sign
"A" be centrally located somewhere in that vicinity, but
kept within the height limitation of 30'. Relative to the
other two wall signs, it was recommended that the 720 sq.
ft. for the maximum wall signage be allowed and the 150 sq.
ft. of signage, with the owner given the discretion of
choosing the advertising matter.
----_4___ __ _ __
.---- . ----.. ----.---.-
/' Michael Morton. Tradewinds Group. Boca Raton stated they
/ - w~~~ -~~::~~~ti ng the 50' pylon sign in its ent i rety. They
were going along with the recommendations of the CAB, TRB,
Planning & Zoning Board and Building Dept. and were
requesting the rest of the sign variance be approved. He
noted everything else they had presented was approved. with
the exception of three items.
Mr. Miller indicated a 30' pylon sign remained which would
need a variance in connection with the square footage which
would be 150 sq. ft. In this district, 80 sq. ft. is the
maximum.
In connp.ction with the Home Depot liall signs on the front
and side of the store, a variance was needed to set the
maximum sq. ft. at 720 sq. ft. The Ordinance allows 64 sq.
ft. Mr. Jaeger noted this is in a PCD and the Ordinance
doesn't really address what happens when you have a building
of this magnitude. All it allows per tenant is 64 sq. ft.
He thought it was really meant to address strip Shopping
centers, however, in a normal commercial zone they Would be
allowed 10% of the face of the building which Would be 1,300
sq. ft.
A variance request was also needed in connection with the
multi-use on the remaining free-standing sign. Staff recom-
mended approval of this aspect.
12
MINUTES - REG _~ CITY COMMISSION MEETINL
BOYNTON BEACH, FLORIDA
AUGUST 21, 1990
c
In connection with the remaining pylon sign, Mr. Morton
explained the 150 sq. ft. would consist of 72 sq. ft. for
the Horne Depot portion, 38 sq. ft. for the Shoppes of
Woolbright portion and 30 additional sq. ft. for two addi-
tional tenants to go on in the future'~ Mr. Morton calcu-
lated even with the two additional tenants listed, there
would Bti~lbe 916" of clearance from the bottom of the sign
to the ground. Discussion took place regarding the ren-
dering which was before the Commission and Commissioner
Olenik noted the rendering didn't reflect what Mr. Morton
was proposing. Mr. Morton indicated that the rendering was
not uP-to-the-minute as some of the decisions were made
after the ~~B meeting which was held the prior evening.
Mr. --Mo-r-ton---reslJ-orraed--the---srgn-c-onn-gurat 'ro-n--to--b~-l.1sed- wou Id
be a compromise between the 50' sign and the 30' sign. You
would have The Home Depot, Shoppes of Woolbright and space
for additional tenants below it. There would be one sign
ins~~~~~~_~w~ s!9!!~~ --Lengtliy discuss ion enslJ"ed;---rt-was---'-
--clarified that the wall sign on the west and south
~!~Y?!~!Q~~.~QmQinELq~~Uld total the 720 sq. ft. of signage.
,- --.-.------.. - ----
)
Motion Regarding Sign Variances
--._~-----~---------_._-
---..~--------_. -,
In connection with the sign variances, Vice Mayor Wische
moved to approve the recommendations. Commissioner Artis
seconded the motion which carried 5-0.
"
-......-.--..
Motion Regarding Site Plan Modification
Commissioner Olenik moved to approve the site plan modifica-
tion for the Shoppes of Woolbright. Vice Mayor Wisch~
seconded the motion which carried 5-0.
Mayor Moore called a brief recess at 7:40 P.M.
resu~ed'at 7:50 P.M.
LE~.
"
ordinan'~'es - 2nd Readin04blic Hearing
'"
1. Proposed Ordinance No. 90-l~
Re: Height Referendum
The meeting
, "
'City Attorney Ch'e.rof read
caption only: "'-
! "AN ORDINANCE OF ~~ CITY COMMISSION THE CITY OF
I BOYNTON BEACH, FLORrQA; SUBMITTING TO R ERENDUM AN
AMENDMENT TO APPENDIX~A, SECTION 4.F.l (HEIGHT
LIMITAT~ONS AND EXCEPTIONS); PROVIDING FOR MAXIMUM
dinance No. ~7 b
13
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
'j) k ;}'
-1 fy.JI' P
lY~vO )
NOVEMBER 19, 1996
City Manager Parker Hill advised that the current Sign Code allows one freestanding pylon
sign up to a height of 20'. With a variance, the height could go to 25'.
Commissioner Titcomb feels that people driving down 1-95 are not going to get off the road
because they see a sign for CarMax. He finds the pylon sign on the site much more
attractive than the one proposed for the ramp top and would favor allowing the one on the
site.
Commissioners Bradley and Tillman agreed. Commissioner Bradley feels the sign at the
exit is too big and will take away from the beautifully-landscaped Park. He also feels that
the marketing objectives will be achieved with the sign on the premises.
Motion
Commissioner Titcomb moved to approve Agenda Item VIII-B - Major Site Plan
Modification rejecting staff Comment #49, amending Comment #53 to include the phone
signage on the poles as necessary, removing staff Comment #60 and proposing that we
grant the on-site pylon sign proposed and not the Gateway Boulevard exit sign, subject to
all other staff and Planning and Development Board comments that are not in conflict with
each other. Commissioner Bradley seconded the motion.
Mr. Willard confirmed that this motion includes the deletion of Comment #61. Comment
#70 would be revised to indicate that the applicant will have a pylon sign on the CarMax
lot.
The motion carried unanimously.
Description:
Shoppes of Woolbright PCD
Anna S. Cottrell
The Tradewinds Group
North side of the intersection of Woolbright Road and SW 8
Street
MAJOR SITE PLAN MODIFICATION - Request for approval
to modify the approved sign program to include freestanding
and wall signage for outparcels and main building tenant(s).
c.
Project:
Agent:
Owner:
Location:
Anna Cottrell. aaent for the aDPlicant. advised that Mr. Morton was present. She
explained that RaceTrac was developed as a parcel within the Shoppes of Woolbright.
RaceTrac handled the development with their in-house attorney and development people.
They were not aware that the sign package was not approved. They opened earlier this
year and were issued a permit for one temporary sign on the site. They have never
received permits for permanent signs. When the application for permit signs was
submitted, RaceTrac was informed that those applications could not be processed without
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an amendment to the overall sign program for the PCD. This request is to modify the
master sign program for the Shoppes of Woolbright and an application for a waiver from
the guidelines that limit the number of colors within the development.
Staff and the Planning and Development Board have approved this request with conditions
that were acceptable. There have been recommendations made by staff since that time.
The applicant was very happy with the conditions recommended by the Planning and
Development Board. However, staff modified Condition #25. "It is recommended that all
monument signs be designed ~o match the monument sign proposed for RaceTrac and
that the size of the monument signs be four feet high by eight feet long on top of a two foot
high monument base." If this limitation applies to RaceTrac, it was not something that
came out of the TRC or the Planning and Development Board. This would reduce the sign
that has been proposed for RaceTrac by about 50%. What has been proposed for
RaceTrac is a monument sign that totals 87.5 square feet. This is only approximately half
of what the Code allows (160 square feet). This number is based on the frontage. The
recommendation to reduCe it to 32' on a 2' high base results in a 48 square foot total, and
is not what is being requested. The applicant is requesting that the limitation to the size
be deleted to allow the applicant to have a monument sign which is 87.5 square feet. This
would amount to a sign that is 12.5' long by 5' high with a 2' high base.
Michael Morton. Tradewinds Development. Boca Raton. Florida. explained that
Race Trac had a monument sign, no pylon sign and other building signs they are trying to
get processed. With regard to monument signs, there were discussions at the Planning
and Development Board relative to Burger King submitting a request for a pylon sign on
Woolbright Road. The Planning and Development Board and Planning and Zoning
Department recommended it be placed on SW 8th Street. The applicant agreed to that
recommendation. They further agreed that on the remaining two outparcels, they would
be restricted to monument signs only, and they would be of the same size. These signs
would be restricted to colors that would be in compliance with colors that are being
approved unless they are national logos. The applicant agreed that the monument signs
on Parcel C would be all of the same nature.
On the site plan for Burger King, there is a pylon sign which will be moved along SW 8th
Street on the southwest portion of their parcel. There are other drive-through signs and
identification signs that go along with the Burger King approval.
When Burger King came before the Commission, the signs, the colors for the signs and
the elevations were all approved by this Commission.
Ms. Cottrell continued that there are two outstanding issues. One outstanding issue was
whether all signs in the future would be monument signs. The other outstanding issue is
the recommendation for the reduction in the size of the proposed sign.
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Vice Mayor Jaskiewicz pointed out that the sign RaceTrac is currently using is very
readable. and is beautifully landscaped. In her opinion, a big sign would detract from the
site. Ms. Cottrell explained that the Code allows two signs up to 160 square feet based on
the frontage. The proposed sign is far less than what the Code allows, but they feel it
meets their objectives.
Ms. Heyden explained that the reason the comment was added by staff was that when
staff checked with the City Clerk's Office. they found this issue was left out of the Planning
and Development Board recommendations. The problem the board had was trying to stay
with what the City Commission had set forth in the last approval (Cracker Barrel). The City
Commission was expecting that all future signs would be monument signs.
Staff compared the RaceTrac submittal and the site plan for Burger King to see what eac~
applicant was requesting. J3LJlger King wants either a 4' x 4' or 6' x 6' sign. Staff '-
recommending aLl:' x_~~_QnJQ.R__QLC3.2'high basE!. RaceTfac is requesting a 5' high x 12.:
wide sign on a 2'l2a_$!L.
Ms. Heyden explained that there has been a big problem with this application from the
start. The sign Code does not allow a 120 square foot sign. It allows that size sign for
shopping centers, but that does not mean every parcel within the shopping center IS
allowed that size sign. For commercial parcels, a 64 square foot sign is permitted. There
is a separate section in the Code for planned districts which references a comparable
zoning district. This provides latitude to look at what is appropriate. Staff feels the 4' x 8'
sign on a 2' high base ties in what Burger King proposed.
Ms. Cottrell said the applications for RaceTrac were submitted months ago. They went
through TRC and the Planning and Development Board. There has never been a question
about the size of the sign. The application that was submitted very clearly showed the
dimensions of the sign. It has never been in question and there was never a comment that
it exceeded the sign limitations. Some of the information on the rest of the application
needs more details.
Ms. Heyden said the reason this was never brought up before was because there was no
sign program submitted. When the signage came in for RaceTrac, the entire package was
not available and the Building Department did not comment on it. At the Planning and
Development Board meeting, they wanted to remove the monument signs from the
submittal because there was so much detail missing. Because Discount Auto is in
submittal now, and Burger King is in permit, staff did not want the monument signs
excluded.
Ms. Cottrell said they would like the Commission to approve this request with the Planning
and Development Board recommendations. Another item RaceTrac was concerned with
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dealt with the timing of the submittal for the rectified master plan. There has been an issue
of how that is being processed and the timing of it. This was previously Condition #20. It
has been modified and resubmitted as Comment #23. The applicant would like clarification
that this applies for permits for buildings, rather than permits for signs. Ms. Heyden said
staff has no problem with that request.
With regard to the rectified master plan, Mr. Morton said there was agreement that they
would take it off for signs. However, the master plan was submitted and has been with the
City for over six months. He feels the rectification of this plan is up to City staff, not the
developer. The developer prepared a master plan based on the approval received after
Cracker Barrel, and it has been in the City for six months. They received a comment that
it needs to be rectified again because they submitted for the median openings for Burger
King and J?iscount Autq. That has not been fully approved yet. If it has been approved,
Mr. Morton can rectify the plan. The plan that is in the process shows the median opening
but not the turn lanes. The rectification process cannot be held up waiting for the turn
lanes. The plan can be rectified when they come in the next time. Building permits cannot
be held up while City staff is holding up the master plan. Mr. Morton met with staff and
reviewed this, and it is still not signed off by all of the departments. The rectification of this
plan is not in Mr. Morton's control.
Ms. Heyden advised that staff met with Mr. Morton yesterday to try to resolve this issue.
Staff cannot move on the master plan until Mr. Morton goes back to the traffic consultant
to have her revise the traffic study. There are eight comments from the Engineering
Department that deal with traffic.
Mr. Morton said this had nothing to do with the master plan being rectified. This is a new
issue that was just raised over the past four weeks as to how the applicant is viewing a
previously-approved median opening. The master plan that was approved when Cracker
Barrel was approved is the plan that staff has had for six months. The applicant has not
agreed on how to move forward on the traffic issue. Discussion is still necessary.
However, the permits for the projects cannot be held up because the traffic engineer is still
working on the median opening that the Commission approved a year ago.
In looking at the master plan, there was a median opening approved when the Taco Bell
came through. That median opening would allow traffic to come out of Taco Bell and go
west across SW 8th through the median and go south to Woolbright Road. That median
cut is on the plan and is approved. That was also on the site plan submitted for Burger
King. The Burger King site plan is approved also. The only comment on the Burger King
site plan says "the turn lanes will be by others." Comments made by Bill Hukill and agreed
to by the Commission and the applicant were that if a northbound left turn lane was
required. or a southbound left turn lane was required, Mr. Hukill would make the final
decision of those turning movements. There was never any discussion about eliminating
the median opening. When the submittal was made for permitting to build the median, an
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issue came up as to not having the movement westbound through the median and then
a left turn south. That was the reason for yesterday's meeting. Mr. Morton has been
working with Burger King to encourage them to give up that movement and keep only a
southbound left turn. They have not approved that yet, and may not agree to it because
they have an approved site plan that shows that median opening.
Ms. Heyden reiterated that rectification is in Mr. Morton's hands. In order to shorten this
discussion, Ms. Heyden recommended that prior to issuance of any further building permits
for the PCD with the exception of Burger King, this master plan must be rectified. Mr.
Morton agreed to this recommendation.
With regard to the median opening, Mr. Morton said it was approved on the site plan for
Burger King as previously submitted, and now staff is trying to eliminate the movement that
the opening was designed for. He is not certain Burger King will agree to that. This may
have to come back for Commission review.
Ms. Heyden pointed out that Comments 20 and 23 are now resolved, and Comment #31
will be deleted.
With regard to Burger King, they brought their sign program and building colors before the
Commission. The channel letters on the building are the national corporate logo which is
acceptable in the Sign Code. The City Commission also approved the building elevations
and one contains a box sign. The comments now say it is not permitted to have channel
letters and cannister signs on the building. The channel lettering is their national/ago. Ms.
Heyden agreed that there wa~ no objection.
The third issue involves the pylon sign. The applicant agrees to move it off Woolbright
Road and onto SW 8th Street.
Ms. Heyden advised that the City Manager requested that she copy the minutes from the
meeting in 1990 when the pylon signs were approved. In 1990, the sign program showed
two pylon signs. Only one was approved and that is the one that is on the site now. With
this submittal, the applicant is requesting another pylon sign for Burger King. Approval of
this request would result in three pylon signs. Based on the previous approval, staff
recommends allowing only the existing pylon sign on Woolbright Road and that one
monument sign be allowed for Burger King. Staff does not recommend allowing a
freestanding sign and a pylon sign.
Mayor Taylor explained to Mr. Morton his feelings that the City has been very
accommodating on this project. He has heard remarks that this project has no unity, and
that is because the tenants are coming in one at a time. The City has been very
accommodating with regard to colors. Mayor Taylor feels if there is any chance of
salvaging any unity, it might be in the signs. He supports the monument signs and is
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against more pylon signs. Monument signs are much more upscale. If monument signs
are used, there should be some conformity of size. An 87 square foot sign is huge.
Vice Mayor Jaskiewicz feels the 4' x 8' sign on the 2' high base would be much more
tasteful.
Mr. Morton suggested that if the Sign Code is going to be followed, then a allowable square
footage should be followed when doing monument signs. He pointed out that there was
never any discussion, nor was there any agreement, that signs should be 4' x 8', That is
not what the Code says. This is a new comment which did not exist before yesterday at
3:30 p.m. Mr. Morton appreciates the Mayor's comments with respect to the pylon sign.
He recalled that when Cracker Barrel came through, the Commission wanted to put
monument signs on all three of the outparcels. Mr. Morton agreed to that request, and
agreed to have them at the same size with their corporate logos. He will agree to that
again. However, he feels we must be commensurate with what is allowable. RaceTrac
has an allowable sign size, and 4' x 8' is not acceptable.
Mr. Morton explained that this shopping center consists of two outparcels on the west side
of SW 8th Street, and three outparcels on the east side along with Home Depot. The
outparcel to the north is where the applicant was hoping to have Walmart. That could end
up being another outparcel because Walmart has delayed moving forward. All of these
outparcels should be able to have their identity which is a monument sign of a normal size.
Mayor Taylor feels their identity is their logo, and they have been permitted to have their
:ogos on their parcels. If RaceTrac is granted an 87 square foot sign, it will not be possible
to deny that same request to the next tenant. A sign which is 6' high and 8' (the 2' high
base included) long is huge. He pointed out to Mr. Morton that the City is permitting the
logos and the colors.
Ms. Heyden said the problem lies in the Sign Code because it does not address monument
signs.
Mr. Morton questioned whether the 4' x 8' number is arbitrary. Ms. Heyden responded
negatively and explained that she took that figure from the Burger King monument sign and
what was turned in for RaceTrac. ,
Ms. Cottrell said RaceTrac is entitled to two signs, but they have only asked for one.
Therefore. the impact will be less. Although Ms. Heyden's recommendation may be the
average of what was submitted, it does not reflect the total sign size that was requested
and is allowed.
Commissioner Tillman feels this 87 square foot sign at ground level is clownish. RaceTrac
is adjacent to the intersection. He feels it is ridiculous to manipulate the Sign Code to try
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to put up a sign of this size at this location.
Ms. Cottrell said there was never an attempt to manipulate these numbers. She explained
that a great deal of this 87 square foot sign is not sign face. It includes the 2' base on
which it sits. RaceTrac is not interested in a site that will have such a visible impact that
it will look like something contrary to what they want to present to the community. Her
comments with regard to the sign are based on what RaceTrac understood from the
preliminary discussions and the discussions between the sign company and the building
company regarding what they would be allowed to do under the Code. They submitted
less than what they were told they would be allowed to do.
Mayor Taylor reiterated that the Commission has agreed on Comments 20 and 23 and
deleted Comment 31. The only remaining discussion deals with Comment #25.
Vice Mayor Jaskiewicz concurred with Condition #25 as written.
Commissioner Titcomb is strongly in favor of the monument sign concept for the entire site.
He would be willing to slightly increase the 4' x 8' dimensions. but would not be willing to
support the proposed sign. Commissioners Tillman and Bradley agreed with these
remarks.
Mayor Taylor supported Comment #25 as written.
Commissioner Titcomb suggested allowing 64 square feet which includes a 2' base. This
will provide ~_ 6' x 8' sign on top of a 2' base.
The applicants accepted this change.
Commissioner Bradley remarked that he would like to see the dimensions somewhere
between the 32 square feet and 64 square feet. He suggested a 10' long x 4' high sign on
a 2' base.
Mr. Morton said this would not work because it is too wide. It would be out of proportion.
Commissioner Bradley then recommended a 5' high x 8' long sign on a 2' base. This is an
additional one foot over what is recommended. Ms. Cottrell said what would make more
sense is the total square footage allowed rather than define the dimensions. The different
logos for the tenants will fit in different ways.
Mark Gesman. representina Buraer Kina, said he is concerned about the Burger King
sign because their logo is more vertical than horizontal. He requested that Burger King be
considered when RaceTrac is being considered.
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Commissioner Titcomb said his concern is with the continuity of the signs. Logos can be
scaled up and down as can typesetting.
Consensus
There was a consensus of the Commission to allow 56 square feet which would amount
to a 5' high x 8' wide sign on a 2' base.
With regard to the issue of pylon signs, Mr. Morton said this deals with the two shopping
center pylon signs that were on Woolbright Road. When the plan was submitted in 1990,
there were two pylon signs included. Both were the subject of variance requests at that
time. The one in the southeast corner was to be 60' high. The other sign was slightly east
of where the sign is currently located. At a meeting to discuss the height of these signs,
the Commission voted to allow one pylon sign at its current height and denied the second
pylon sign built at 60'. They did not preclude the second pylon sign. However, they did not
grant the height that was requested. These two pylon signs have been on all of the master
plans since 1990. In the minutes of one of the meetings, City Manager Parker Hill
mentions the fact that we have two pylon signs.
City Manager Parker Hill said her remark was that it was Mr. Morton's opinion that he had
two pylon signs.
Mr. Morton said this has been on the master plan for six years. It was prior to Cracker
Barrel and Taco Bell. It was on the plan when Home Depot came in. The reason for the
second Shoppes of Woolbright pylon sign is that Walmart would occupy the sign that is
presently the Home Depot sign. It would be redone in dark blue. Home Depot would then
build their sign on the location shown on the master plan. If Walmart or another major
tenant comes into the center, they will be looking for that sign for their identification. Mr.
Morton said he is eliminating the wing walls on the original plan and the pylon sign
requested by Burger King. Comment #19 requires that a note be placed on the master
plan that the approval of this sign is limited to location only. Mr. Morton agrees to this.
Vice Mayor Jaskiewicz questioned the relevancy of the 1990 plan to this evening's
discussion. She thought that plan was no longer in effect.
City Manager Parker Hill explained that Mr. Morton has never submitted the sign package.
This is the reason why this issue has been dragging on. All of the discussions this evening
should have taken place several years ago.
Mr. Morton said the reason why he could not have submitted a full master sign plan that
shows every parcel and every store is because they did not know what was going on the
site. Without the tenants, it is ludicrous to come in with a sign program. There is no paint
in approving Walmart at this time if they are not going to be part of the center. He cannot
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bring in signs for a tenant that does not exist at this time.
Mayor Taylor explained that he wants to know that there will be a monument sign on the
parcel regardless of who will be occupying the space. In addition, he wants to know how
many monument signs Mr. Morton wants in this center.
City Manager Parker Hill said Mr. Morton has been picking and choosing when he wants
to treat this as a unified shopping center and when he wants to choose this as individual
parcels for development. This has been part of the problem.
Mr. Morton disagreed with these remarks and said he has an approved site. He
questioned whether he is being forced to build what is shown on the master plan.
Mayor Taylor responded negatively, and reiterated that he wants to know how many signs
Mr. Morton wants.
On Parcel C which has Burger King, Discount Auto and another submission, Mr. Morton
said there will be monument signs on each of these sites of the size that was just
approved. They will contain the logos of the tenants. All signs will be in conformity. With
regard to RaceTrac, they have agreed to a monument sign in the size designated this
evening. With respect to the 14 acres where Walmart was anticipated, if they do come in,
Mr. Morton will change the master sign plan and show a Walmart sign package. If TJ Max
and Service Merchandise come in, he will show the Commission a plan and try to get it
approved at that time. At this time, he does not know what will be going on the 14 acres.
The only other issue involved this evening is that there is an existing pylon sign on
Woolbright Road which is shown on the master plan. Mr. Morton always believed he was
entitled to that second pylon sign. He is not requesting identification other than location
for that sign. Comment #19 indicates that two pylon signs are shown on the Home Depot
property frontage on Woolbright Road. The Sign Code allows only one freestanding sign
for Home Depot; therefore, pylon signs shall be limited to one. In Mr. Morton's opinion, that
one is for Home Depot. The second sign will not be for Home Depot. Mr. Morton agrees
to Comment #19 and wants to be certain that on the rectified plan the second pylon sign
could be there in the future.
Mayor Taylor said he would not agree to that, and the Commission has been clear that
they do not want a second pylon sign on Woolbright.
Vice Mayor Jaskiewicz asked if the current pylon sign is on Home Depot property. Mr.
Morton said it is located on common property between his property and Home Depot.
Ms. Heyden said there is no common property in that location. That sign is located on
Home Depot property. Mr. Morton said it is part of an REA and both parties have full
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responsibility for the location and maintenance of that sign.
Commissioner Titcomb reviewed the 1990 comments. With regard to taking the sign down
to 30', the minutes state that there would be one sign instead of two signs. Mr. Morton
agreed because at the time, the second requested sign was 60'. Mr. Morton said he
agreed there would not be a second 60' sign.
In response to Mr. Morton's question, Commissioner Titcomb said the Commission is not
taking away the second pylon sign. Mr. Morton's comments in 1990 took away the second
sign. It now sounds like Mr. Morton is saying even though these comments were made,
because the sign was existing on the drawing, he did not mean what he said.
Mr. Morton felt the interpretation in the minutes was that he was withdrawing the request
for a 60' high pylon sign in the second location. The way it is written, it appears that they
took away the second sign in its entirety. He claims he did not do that. He only withdrew
the request for the second pylon sign.
Mayor Taylor pointed out that regardless of the interpretation, the Commission has made
it clear that they do not want two pylon signs on the property.
With regard to Comment #18, Burger King's letter style must be changed. Mr. Morton
pointed out that Burger King is a nationally-registered logo. Therefore. this comment
should be removed. Ms. Heyden explained that the City must receive the information on
the trademark. Once that information is submitted, the comment will be eliminated. Mr.
Morton said the information was already submitted and has been before this Commission
at the last meeting. Attorney'Cherof asked Mr. Morton to provide a copy of the trademark
and the location where it is registered.
Attorney Cherof advised that Comments #18 and #31 are rejected. Comment #30 is
included.
Mr. Morton asked for clarification on Comment #13. Ms. Heyden advised that this issue
is addressed in Comments 24 and 28. Comment #13 has been deleted.
Motion
Vice Mayor Jaskiewicz moved approval of the approved sign program to include
freestanding and wall signage for outparcels and main building tenants subject to all staff
comments including rejecting Comment #18, reworded Comment #23 with the exception
of Burger King, Comment #25 showing the maximum square footage of 56 square feet (5'
x 8' on a 2' base) and deleting Comment #31. Commissioner Titcomb seconded the
motion which carried unanimously.
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. . j j r. ~ ".'" "~".:,,.. ".1;:i1Jf'
ADDITIONAL CONDITIONS FROM COMMISSION MEETING
1. Submit a rectified master plan for the Shoppes of Woolbriaht PCD.
showina compliance with the conditions of all previous approvals. prior to
issuance of any further buildina permits within the PCD. excludina the buildina
permit for Buraer Kina.