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REVIEW COMMENTS 8.8.1 MIAMI SUBS COMMUNITY DESIGN PLAN APPEAL DEVELOPMENT DEARTMENT SERVICES PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-432 Staff Report for Planning and Development Board Meeting and City Commission Meeting TO: Chairman and Members Planning and Development Board THRU: Tambri J. Heyden, AICP Planning and Zoning Director FROM: Jerzy Lewicki Acting Senior Planner DATE: August 22, 1997 SUBJECT: Miami Subs - CDPA 97-004 (back-lit awnings) NATURE OF REQUEST Anthony Cimaglia of Awning and Sign Engineering Corporation, agent for Joe Muroff, owner of the Miami Subs restaurant located at 1920 S. Federal Highway (see Exhibit "A" - Location Map), is requesting approval of a Community Design Plan appeal to allow back-lit awnings, located on the north, south and west elevations of the existing restaurant building (see Exhibit "B" - Letter of Request). This appeal has been submitted as a result of a permit application to replace three small, existing back-lit awnings located above the entry openings to the building, with three large back-lit awnings wrapping the west and north elevations and part of the south elevations of the building (see Exhibit "C" - Site Plan). The application was denied on the grounds that it does not meet the Community Design Plan. BACKGROUND Staff conducted a site visit to determine the extent of the existing awnings and lighting: / Page 2 Miami Subs File No. CDPA 97-004 A summary is as follows: -the eastern, southern and western elevations contain back-lit awnings and -the western and northern elevations of the building contain exposed neon lights. Both back-lit awnings and neon lights are architectural features prohibited by the Land Development Regulations, Chapter 9 - Community Design Plan, Section 1 0.F.5 and 6. However, neon lights were placed on the elevations as a result of a 1995 Community Design Plan appeal (CDPA 95-003). The back-lit awnings were placed on the building prior to the enactment of the above code. ANALYSIS Chapter 9 - Community Design Plan, Section 10.F states: "5. Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day. 6. Lighting attached to the form of the exterior of the building or part of the building exterior or visible from the exterior of the building shall not be permitted if it is contrary to the architectural style of the building. " The existing back-lit awnings are grandfathered and can be replaced, but not enlarged or altered. The applicant's justification for the backlighting is that more security (via lighting) is needed for the parking lot and the sidewalk. If this is the case, then this concern can be addressed by increasing the illumination level of the existing pole mounted lights. The brightness of such lights are known to decrease with age. This solution would prevent the appearance of the building from being detracted with and cluttered by additional fixtures and appurtenances. The existing neon serves to advertise and draw attention to the building. Furthermore, a standard for the Miami Subs prototype was set by the city with the Boynton Lakes Plaza Miami Subs in 1994. This building has the referenced features, but their use is minimized, yet effective. RECOMMENDATIONS Based on the above, staff recommends denial of the enlarged awnings with backlighting (see Exhibit "D"). xc: Central File S:\Planning\SHARED\WP\PROJECTS\Miami Subs\staff report-backlit awnings miami subs.doc ~ EXHIBIT "A" 3 ,;;\~,: ,\ ;'';~'~ .T1l' II'! '-- ~~Jr' ''I'll \ ~r':.,i "U...' 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'i:J;I~ p J:,\ _~_J--~-- Lf)CAT'ON MA~ MlAM' SUBS H.. 1 Tn tlTl K Tn' m ,(l.l \11 ,,1 1\ ~I Ill; \1 !D Tn' K 11 ~1 1 r=\' i \ i ~, .. .. EXHIBIT IIBII ~ DDD A,^,NIN~ &. SIGN DDD E~GI~EERII'IG CClRPClRP.TIClN DDD EXTERIOR IMAGE CONSULTANTS DDD DDD July 10, 1997 Tambri Heyden D~pt. of Development Planning and Zoning City of Boynton Beach 100 E. Bo)nton Beach Blvd. Boynton Beach, FL 33425 1\ls Heyden. I am writing you this letter to state that we are appealing Chapter 9 of the dty code section 10.F4. A check for $400.00 was previously sent for this appeal. A customer of mine, Joe :tv'1uroff ofIvIiami Subs, is interested in installing backlit a\vnings on his restaurant. The a"nings he wishes to install on the building are ah'eady there. The new frames are just merely a more improved metal (aluminum) as well as a clean material. A building / structural permit was issued but an electrical permit can not be obtained. Once again, these backlit awnings are currently existing and we would just like to r\:'place them. A couple years ago my customer was turned down for some neon: but after three appeals he was permitted for this. All we ask is that we can be issued an electrical pennit to replace the existing with ne\-v a,,,nings. The lights that shine down out of these 3"vnings are a major factor in his parking lot and sidewalk security. If you should have any questions or just need to inform me of anything my phone =- is J -800-970-9792. In closing if there is an)1hing you can do to help us it would greatly be appreciated. Thank you in advanc for any help you can provide. ~OTE: Structural Building Permit #9700002475 1900 N.W. 40th Court, Building 1, Pompano Beach, Rorida 33064 h 954-970-8906 . Fax 954-970-9964 · 1 -800-970-9792 EXHIBIT "C" 1 __ ________ __ - __.___ ______n______________ __._ - - ~ -- u________ ~-_.__._----- -- --- . \ ~ ~ ~ ~ . tI'1 e ("-'l Cl' .... ....-: ..-;- ~~ ~< ~u -- 'i:-~ ~. \I'\:...c ~~ ~ 9'"" . . , . \. ~ ~ .~~ EXHIBIT "D" q EXHIBIT "D" Conditions of Approval Project name: Miami Subs at 1920 South Federal Highway File number: CDPA 97-004 Reference: Letter of request dated Julv 10. 1997. File #CDPA 97-004 with a Julv I L 1997 Planning and Zoninl! Deoartment date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: N/ A UTILITIES Comments: N/ A FIRE Comments: N/A POLICE Comments: N/ A ENGINEERING DIVISION Comments: N/A BUILDING DIVISION Comments: N/ A PARKS AND RECREATION Comments: N/A FORESTER/ENVIRONMENT ALIST Comments: N/A PLANNING AND ZONING Comments: 1. Approval of the enlarged back-lit awnings is not recommended. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determinbed. /bme s:\projects\cond of appr\ IV