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APP2015-00001T t � �lear�T _ �� . MEETING DATE: AGENDA ITEM: easE: REQUEST: GENERAL DATA: Agent... ... ... ... ... ... ... ... ... (hvne►• .. . ... .... ... . ... . .. . .... . . .. . I.ocation ... ... ... ................. Property Size .................... F1f11fi•e Land U.se Plan...... Zvnr�tg .. . ... ... ... ... ... ... ... .. Ac jacent Zonifrg.... North: So:erh: F_ast: bYest: F.,eisting Larrd Use ............. CQMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF RF,PORT September 15, 2015 F.l f1PP2015-0000 l An appeal, pursuant to Section 4-SOI.A.4., Community Development Code, of the denial of an amendment to a Comprehensive Sign Program for window signage on the north, south and east building fa��des pursuant to Section 3- l 808, Community Developrnent Code. The Seyer Group — Kim Seyer and Pam DeDea McDonald's 1500 South Belcher Road; southwest corner of Belcher Road and Nursery Road. 0.83 acres Commercial General (CG) Commercial {C) District Commercial (C} District Medium High Density Residential (MHDR} District Commercial (C) District Commercial {C) District Restaurant �:+ �; �� e �� r' �` ?i r ' ',� ►� f . � � , � � ' . " �. � i >i�� '� � � �` �, � ( `•�. �r �� ° ��, ' �� ,4.�t� '� °' �� `� �t ,,•f4' �r:tL�.� �'`� �' ` � -, . �` °�! � . . , � _. , . . '�'�'y, . ,`: . ° �« ]��, �, �i � � �µ � a� 1'�'� 4` r�r r'�. �j tii. _t_ I«. � .. . :a � . ,� {� �� . � �.a � �� `�' �' • e:. .. � . � � � � '< � �'�" �f._ , R . ,�� ., #� ,,�, � ; , �, .�� z �. .��``' . � : �, y� ��.• ' � � r � . . .:_?"$- . � 1 � •� AERIAL MAP ° Clear��ater � . ti i:-� .. . .. .. I'I \`.-\I`.tr.l lil �. r f I�i'1'P \ � 1`I �. ± I S)I`\II ^.I 1:1 l lf \1' I;I`. 14;� I'. ANALYSIS: The 0.83 acre subject property is lacated at the southwest corner of Belcher and Nursery Roads. On March 20, 2012 the Community Development Board approved the Level (I Flexible Developmexlt application (FLD2012-01 U� i) for a 3,906 square foot restaurant (Mcllonald's) including reductions in setbacks and required landscaping. On July 20. 2012, a Comprehensive Sign Prograrn (CSP) application (CSP2012-07a15) was submitted for attached (non-window) and one freestanding sign. On September 10, 2012, the attached signage was approved and the freestanding sign denied. On January 1 S, 2013, n revised freestanding sign design was submitted. A revised development order was issued on Januarv 18, 2013 to include the pre�iously approved attached (non-window) signage and praposed freestanding sign. Included in the CSP2012-070i5 was the following condition of approval number seven: That all other Code requirements/restrictions of Division 18 (Signs) be met, including but not limited to, grand opening banners, window, temporary, construction, sale leasing signs. In June, 2015 the City received an anonymous complaint that window signage had been erected which covered all of the store windows in their entirety. Upon inspection by code enforcement staff, this was confirmed. Community Development Code (CDC) Section 3-184b.0 altows window signage to cover up to 25 percent of the total window area but in no case shall the cumulative area of window signs on any fa�ade exceed 50 square feet. Based on this code requirement and the approved CSP condition seven, code enforcement was initiated through case number BI"L2015-0032b. Post code enforcement action, on June 14, 2015 an application to amend the CSP (CSP2012-07015A) was submitted for the installation of window signage on the north, south and east facades. Following a deterrnination that the application was complete on June i5, 201 �, stat�(�rcvic��e�i the request. :..�,,. � � � �� x � '°�� , �"�� ° , } � i ;d ,E� � u� N'rS�Es. �'��`✓ .e.4 .��: North fa4ade — existing conditions Community Development Board - September 15, 2015 APP2015-OOU01 — Page 1 : Clear��ater �.�� .. ; _ a... _ -,.. . : � �.��.a,� ,-�,�� i�� 3 � t. ��: , ��,. a � � � .. �,: ,� � � �. :. East fa�ade as apprnved Comprehensive sign program flexibility criteria Section 3-1808.C.4.a states that the maximum area permitted for attached signage shall range from ane percent up to a maximum of six percent of the building fa4ade to which the sign is to be attached. Window signage in excess af the altowable 25 percent referenced above can be considered through a CSP application as the definition of attached sign in Section 8-102 includes window signs. � � � � �, ,.,�..,..�:.��,,,�.,�� ,..�,,.�,�� t.,�,�,��.�,�.��;.. � East fa�ade — existing conditions � �. ; . �� , .;, ��"��° ` �y; . .:, ��.�, �: �., :. �� ";; ;. ,;,, _�� .a South fa�ade - existing conditions On the narth and east facades all windows have been entirely covered by window signage. The area of window si�nage on the north and east facades are 207.1 and 210.1 square feet, respectively. The approved attached signage through CSP2012-07015 on the north and east f'acades are 2.9 and 1.9 percent, respectively. With the additional window signage the respective percentage of attached signage on the north and east facad�s is 15.1 and 26.2 exceeding the allowable six percent. The proposed signage could not be approved as it exceeds the maYimum six percent limitation set forth in Section 3-1808.C.4.a. CSP2012-07U15 did not include any attached signage on the south fa�ade. The proposal includes 61.6 square feet of window signage on the south building fa�ade which is 3.6 percent of the fa�ade area. While this percentage is within the allowable limitation established by CDC Section 3-1808.C.4, the signage does not meet the following design based criteria. Code Section 3-1808.C. l,a requires the signs proposed in a comprehensive sign program to be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development. Windows are an integral component of a building's architectural theme and serves as a visual connection to the outdoors. They are a vital element Community Development Board - September 15, 2015 APP2015-0000 ] - Page 2 � Clearwater �� 1h,,.t� � n, � �� ,�„F,, � � �� ..t �..;_, uevri_ova+F�v�r wevif�w i�n�isu>v linking the private and public space realms visually drawing passersby into buildings. Erecting signage that covers windows in their entirety greatly diminishes the overall composition of the building and eliminates the visual connection with passersby. Signage which covers the entire window area is signage designed without regazd to the architectural theme of the building and therefore inconsistent with the Code pravision. Code Section 3-1808.C.1.b requires that the design, character, locati�n and! or materials of all attached signs proposed in a comprehensive sign program shall be demonstrably more attractive than signs otherwise permitted on the parcel proposed for development under the minimum sign standards. While staff agrees that the general graphic design {colors) of the window signs is not unattractive, the character and location, vf the window signs is inappropriate. Windows are important elements of a building's overall composition and architecture and have a major impact on the appearance of the structure. Covering these architectural features in their entirety detracts from the overall look of the building. Signage designed to and located to cover architectural features in their entirety is not demonstrably more attractive than the minimum 25 percent coverage allowed. Well-designed and appropriately sized and located window signage can contribute to a building's aesthetic; however, complete coverage as proposed is inconsistent with the Code pmvisian. On July 31, 2015, the Planning and Development Department issued a development order denying the proposed amendment application, based upan the following ftndings of fact and conclusions af law: � indings of Fact: 1. That the 0.83 acres is tocated at the southwest corner at the intersection of Nursery Road and S. Belcher Road; 2. That the subject property is currently developed with a one-story restaurant (McDonald's) approved by the Community Development Board (CDB) through Level II application FLD2012-01001 on Mazch 20, 2012; 3. That the current signage, excluding the proposed and installed window signage, was approved pursuant to Comprehensive Sign Program application CSP2012-07015; 4. That there exists one freestanding sign at the northeast corner of the property, two f'reestanding drive-thru menu signs, three attached signs on the north facade and two attached signs on the east fa�ade consistent with CSP2012-07015 approval; 5. That condition of approval number seven contained in CSP2012-07015 included that window signs meet Sign Cade requirements; 6. That the proposed window signage was installed without prior approval, without an amendment to the CSP2012-0�015 approval and without consultation from the City if the proposed window signs are approvable; 7. That each and every window on the north, south and east facades have been completely covered by the proposed window signage; 8. That the proposed window signage was installed without prior apprflval, without an amendment to the CSP2012-07015 approval and without consultation from the City if the proposed window signs are approvable; 9. That the proposed window signage exceeds the amount of signage allowed though minimum standards and was installed without an amendment ta CSP2012-07015; Community Development Board - September 15, 2015 APP2015-0000 l — Page 3 ° Clearwater ��_ ��,^�. � ��, �.�.Up"1 � � u . . . . . . . . . . � h„� .,. .,:,. . UI:VFJAPMFNT RkVR:W [)Ib'i310ti 10. That pursuant to CDC Section 8-102, window signage is included in the definition of attached signage; 11. That pursuant to CDC Section 3-1808.C.4.a, CSP flexibility criteria, the maximum area permitted for attached signage shall range from one percent up to a maxirnum af six percent of the building faqade to which the sign is to be attached; 12. That pursuant to CDC 3-18U6.0, under minimum sign standards, window signs may be located on any window area provided such sign or combination of signs do not exceed 25 percent of the total window area on any fa�ade. In na case shall the curnulative area of all window signs an any fa�ade exceed 50 square feet; 13. That the respective cumulative area uf window signage on the north, south and east facades is 207.1, 61.6 and 210.1 square feet; 14. That the propased signage in conjunction with the existing signs located on the north fa�ade equals 15.1 percent of the building fa�ade; 15. That the proposed signage in conjunction with the existing signs located on east fa�ade is 26.2 percent of the building fa�ade; 16. That pursuant to CDC Section 3-1808.C.1.a, CSP general principle, the signs proposed in a CSP shall be designed as a part of the architectural theme of the principal building; and 17. That pursaant to CDC Section 3-1808.C.1.b, CSP general principle, the design, character, location and/or materials of all attached signs proposed in a comprehensive sign program shall be demonstrably more attractive than signs otherwise permitted on the parcel praposed for development under the rninimum sign standards. All signs must be architecturally integrated into/with the design of the building. Conclusions of Law: 1. That the denial of the CSP amendment request does not preclude Code compliant window signage; 2. That the Comprehensive Sign Program amendment application is not consistent with the minimum window sign standards pursuant to CDC Section 3-1806.0; and 3. T'hat the Comprehensive Sign Program amendment application is not consistent with the Comprehensive Sign Program review principles pursuant to CDC Section 3-1808.C.1.a, 3- 1808.C.I.b and 3-1808.C.4.a. An appeal from the above Level One (Comprehensive Sign Program) decision was filed on behalf of the property owner by The Seyer Group on August O5, 201 S, consistent with the timeframe established for an appeal to be initiated in CDC Section 4-502. Pursuant to CDC Section 4-SOl.A.3, the Community Development Board (CDB} has the authority to hear appeals from Level One (Comprehensive Sign Program) decisions. Pursuant to CDC Section 4-504.A, the CDB shall review the application, the recommendation of the Community Development Coordinator, conduct a quasi judicial public hearing on the application, and render a decision in accordance with the provisions of CDC Section 4•206.D.5 granting the appeal, granting the appeal subject to specified conditions, or denying the appeal. It is noted that pursuant to CDC Section 4-504.B, in order to grant an appeal, overturning or modifying the decision appealed from, the CDB shall find that based on substantial competent Community Development Board - September 15, 2015 APP2015-00001 — Page 4 ° Clearwater �� ,,,�,�. � ,>t, t � �a�.,t;N � • nF��e�orn�rxr REV�t;tc nt��tsi�>r � ��.«,�� . evidence presented by the applicant or other party that each and every one of the following criteria are met: l. The decision appealed from misconstrued or incorrectly interpreted the provisions oi this �ievelopment code; 2. The decision of the CDB will be in harmony with the general intent and purpose of this development code; and 3. The decisian of the CDB will not be detrimental tn the public health, safety and general welfare. Prepared by: Planning Department Staff: Mat son, Senior Planner ATTACHyIEN?S: ❑ CSP2� 12-07015 Revised Development nrder issued on January I B, 2013 ❑ Resume Communiiy Development Board - September I5, 201 S APP2015-00001 — Page 5 g # / ,iYlv,� ��yi,.�'<<;` ;�f � �;�° ..<�;��`a . °��--; `'�:; ' ��i;-,. ,��`O'r�'�: '•"��'�y ��✓rff� P�_�v�ixr, S: Dt.:-htnr��n�x•r �a«uary 1 fi, 20l 3 C'um DeDca `l�he Seyer Group 7321 vierehar�t Court Sar<uot�i FL, 34240 ��7"Y (�F �LIJ.c�,RWA7~L �Z ('�,:r ()rric r i3oz �l�-1�, (.Is::1kUA'fEH, I�i.��Hiu.i i.i�>$-•�?={t� 11��u a;�i S::m�n e: f;s :ii,i>r,., l(1O �;u rii �i�r,ri.�: r1ri,�: r. C;i.r.{su:�-:z, f��c,xn:.� ji7�Ci '1'�irr�u��;r (��) �(i2-�+�(i, .?`' " - F.:� (' � ) ?G?--f81.» RN:: Revised i)eve[opment Order, C'amprchensive Si�n Pra�r.zm — CSY2012-07t}l5 — 1500 S Belchcr Road (This Development C)rcicr 12e��1aces tlie I)evelopnsent Urcier llated September i0, 2012) Dc�- i�Is. UeDea: �[�he E'lanning and Uevelopment Depnrtment Stat� revi�wed your Gomprehcrisive Sign Program ap�,lication for 186(i C,ulf to Bay pursi�ant ro Corruntmiiy llevelopinent Code (C;.pC;) Sectiun 3- 1 yOS. The proposed plan inclades an increase in ttie numbc: and area of attached signs and fre�stancling signs as follows: 1. Une Fi•ees_ tnndinc� iniernall}-illuminated sign 96 sc�uare feet in area with a total hc;igtit of 12 tieet and t�tal width of' lfi feet located at the n�rt;�e.�.st c��rner of tlie praperty with a three foot tivic�e la��dscape buffer around the c;ntire has� of tne sign. Thc sign wili have � red sign face �.ti�ith the yellow arches logo and beloK� ��ill be three lines Uf chan�eable copy with black Ietters on a yellow background, a]! :;ur;c�ut�ded by� stticco to be consistent �vith the materials on the buildin� Ca�ade ��•ith fl C1p 3�)Ob•e and an arch helo�• and hvo stc�ne suppc�rts that will rnatch the Uuilding fa�ade and tivill have a ininiu:um o1�C in�h high bl�ck address nunibers on the stone suppc,�r[ structure; '. T�:�o hrc�estatrc; �„ir�� intenially-i!luminated drivc thrc,ugh r,�enu si��n� ;�.�t sqttare feet in arc;a, 6.?5 feet in l�,eight and S.Gi fect in �viclth. Tl:e si��ci structures �vilt bc li�c<ited at the north�ve,t Lurncr of the l?uildin�. 'I'he sign stru�turc� �vill b•,; �.•hite; 3. �1'�vo Free.ctil�rc�ija; internally-il)umi��ited pre-s�ll drive thni menu sig«s 7.51 squ�u�e teet :n ar��:. F.?> te�.t in heijht and 1.7=� fee' in tvi�l:}�. 'I�he �i�,,n scru�.tures .��ill E.�� loc.ated at thc rc�rth«�est cortic- �: �he bt:ildir;`. -fl:�: �i,,t� �;rt�ctures �vill be «�,�i:c; yl c. ��l ft7 ct� l;`.lCl'll� �� 1l.I:liil:.11�;',) • . . I�S ,';1 I�(,I�;: It�t? I r �'I:iUC f::f I t f� .�I �� ('� ��i�'G�ill ��' 3„ I��I.i:�t�l �t. .�I�:.U-j:: •!t ?;t I'iF: .'il � i r"� .i. .. i � � •.: • . _' { tit. : ! .C�: ;..:i: `;il� �"i•� i, „i ,+ , �• � "(t�i� :fl'i:{l�'; ,!t'.. .. �'. . i .� ,�-I�� i�' �.� . , .. .. .._ . .. . . 't - � .... . . ��,n � iY 3 ..� i.q-v� si��i �.��ill reacl ''�Velcotne:" :ilu:r;in:ier. in colvr anci be rnuurited ii;r�ctly to the :►�vninc (ix> racewa}'s); - G. Oiie ,�tt�ac.hec� internally-illumin.�te�l c.h�inne) tet;cr sign 3� st,�sarc fcc:t in ari:a (i.�) �c:rcent of the buililin� f�a�ad� area) on lhe north building C;,cade. '!'tie si�;n �vill rett�l "I�IcDonald's" u�hite, in cnlor and mounte�i direc.tly to t}�c buildin� facade (no race�vay:}; 7. One .-U�ache�l internally-illuminatect ch:uanef letter sign 14 square teet in are;� (U.8? percent o.f the bui3ding fa�ade areal on the itorth htiilding fa�ade. The ei�n ��ill he a Icigr� of gold arches atictched directly tc> the buildin� ti;4ade (no raceways); ani� R. One flttac/ttd n�n-illuminated flat cut out lecfer sign 2.$ sc�uar�: feet in ��na (0.16 percent of the building facade are;�) oca the north building facade over ttie mairi entraricc a�vning. "[`hc. sign �vill read "W�lcome" aluminum in cnlor and be mountcd directly to the a�vnin�� (no race�vays). ` "1'iie C;�mprehensivc Sign Pro�rarn has been APPRU�'ED and this letter constitutes a Development Order pursuant to CDC Sec[ion �]-20?.E. The ap�rovat is based on, tuid meist bc cvnsisteut �vitli, t:�c sit�. plarss, cle��aticfns anei drawings dated received �n May 22, 2�12, July �0, ?012 an:l January• 1S, 20l3 as described �ibove and subjeet to the fc�llowing cot:ditions: Conctitions of Apgroval: l. That all non-confarming signs including thz banner on the alumintim fence and advertisin�; si�n on the north property line be remo�ed; 3. "fhat the address be maintained on the frecstanding sign, in •uccard ��ith GDC Scction 3- f1.1! R C. � ouv.n, i.l, 3. That the freestanding sign is set back five feet li-om the property li�ie and is not loc�ited ��ithin any required sight visibility triangles; 4. "Tltat a land�capecl are�, a rninimum of three fuot wide buffer around the hase ��f the sign, is provided and maintained around the frcestanding si�n; i. 'That any requests �vhich are inconsistcnt with this approvcd Comprehensive Sign 1'rogram require an cunendmeiit to hc tiled ru�d revie�vcd ariil z�pro��ed bv tlie Plannin� and Develapment Department prior to issuance of a bnilding (sign) permit; 6. "!'hat the internal sign ii�hting fi�r the freestanding and attached sigus be controlled by �i mecharucal tirz�er anci be turned ofF at midni�ht or �vhene��er lhe busiliess is etosed, w}iichever is latcr; anc] y 7. "I'hat :,il oti��r Cacle rcqiiiri;meiits/re;;irictii,ns �F Divisiou 1 S�Jl�llti) 1}C qlcl, 112CIL1CIii1� hut nut limit�:d to, �ran�] openin� i?anncrs, �vindu�r•, tcmp��r<ir•, car.struction, sale lcasin�; si£��s. !'urs�_c�nt to (;llC Secti�n �l-;p3, an ��pp?i�ation for a builciin� (sinn} permi: 4hall E�e maae withi�i c�n�� (f; yc�r of� the i�aie oi' ?hi. Dc.�-�lcp�ncnt (7rciei• (Januan� 14, 201-ti. �11 si��r:s s;tall 1�� til�l:l�ic'C� l:lli� .lilti' COriC�lill.l;i$ 171C'. :`t1ih1IS �IS {b; 11:0111}lS Of i�1C (�t1iG {�i 15�U.1(1L'L Oi l�ll: llll�l;1� :l;;lit�)ii:; {�1`.!il� );;tllll(. (�:.?'?Tll?:i':j .itli�� jl.' ?'' '1I}l Sf.ICC:;S;:':�' Oti ,. � .=�llli::.� l.. l:.:l � I_,L 1� �;:lC:._. flic issu�tncc c�f ti�is C1eu�eiopit:ent Urder cJ��es nut ccl;eve you o1� the nccessity ui :�btain <�n} buildi»� p�;nnits �: pay anJ t;;es that may be recluireel. I�i urder tv fi�cilit�cte the issuance of any ��ennit or licensc; Zffec:tecl t>y this t�t�proval, pleas<: brin� a cupy oF this lett-rr �ti�ith �oi� �vhei: applyinb fvr any per►►►il� ur licensca thGu requirc: thi� prior develc�pment appraval. Shoulc! you have a,-�y c�uestions, please contact R•lattl�cw Jackson, Plar•�ner iI, r�t i 72? j�b2-4>(}�4 ar via e-mail at matthc�v j�i�k�c;�i.'ri;�mvcleanv�ter.com. Sineer�I}, . �� tiina Clayton :lssistant Planning and Uc•rclo�mciit Director c.c: l�lafy Jn Li'e��i�er. Sign h1sE�c�ctv►- Matther�� Jackson 100 South iVlyrtle Avenuc Clearwater, �Iorida 33756 (727)562-4SU4 matthetiv.i:ukson�mvcle:irwater com PROFESSIONAL EXPERIENCE o Senior Planner Febr•ua,y 2013 to presefrt City of Clea�hrater, Clea�7ualer, Florida Duties include perfarrning the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City [3oards and Committees. ❑ Planner lt Ci1y of Clear►vater, Cleanvater, Florida May 2011 tv Februa�y 2D13 October 2008 �o June 2010 Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, and variance. Reviews and analyzes site plans and conducts field studies to detennine the integrity of development plans and their compatibility �vith surroundings. Interdepartmental and zoning assistance. Respond as a City representative ro citizens. City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees, boards, and meetings. ❑ Planner I Calvi��-Gio��danc� and .9ssociales, Fort Luudei•dale, Florida Ma�� 200.i to Decenrber 2007 Project manager for various development applications such as plat, site plan, rezoning and variances. In-depth government agency, in-house and client coordination to ensure that the projects maintained submittal schedules stayed within budget constraints and attained approval. Schedule and lead project kick-off ineetings, ensure municipal project conditions were resolved, produce supporting doeuments and make site visits as well. Research and prepare due diligence reports including subject matter such as zoning, (and uses, densities, available pubtic utilities and ]and development costs. Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made disasters affecting Calvin, Giordano and Associates and lacal municipalities. � Manager Claurclr Streel E�t�ertar�rment, Orlando, Floridu September 199910 Februa�y 2004 Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment complex including 100+ staff: Conducted hiring and training operations including security and inventory control. Managed and reconciled nightly gross revenues as well as preparing and delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing and special events. ❑ Linguist t/S Arm}�, Fort Campbell, Ki' October 1991 ro perohe,• 1995 Maintain fluency in the Arabic language and kno�tiledge of customs and culture as �vell as military readiness for possible deployments or training operations. Co-managed intelligence gathering operation in Haiti including coordin�tion between multiple Special Forces units and civilian authorities. Interpreter bet�veen U.S. and Egyptian soldiers during training exercises. Liaison between Speciai Forces battalions to coordinate certification training. EDUCATIOtV o Master of Arts, Urban and Regional Planning, }� lorida Atlantic University, 20�7 ❑ Bachelor of Arts, Urban and Regiona] Planning, Rollins College, 2004 ° � at�r � � �r� � Pianning & Develop:ment I}epart�nent App�al Appiication 1� 15 iNCUMBEIY� UPON TNE APPL[CAKtT Tf� SCtBMiT CQMP'LETE AND CQRRECT tNF€�fiMATiON. AI4Y MISLEADlhICx, DECEPTIVE, INCQMf�lE'FE OR INC(}RRECT INEORMATION MAY INWAtIDATE YOUR .ARPLtCA71ON. ALLAPPLICatTtOlVS ARE TO B� �IILED 0U7 E'AMP[.E'TELY �i�lq'CORRECfLY, QhlO SUBMITT�D IM pERSON (NO FAX OR �EIIVERiES} i0 THE CITY CLERiCS OFFKE. SECTIf}!V 4502.A: ,�N APPEA�L 4F A LFJEI. �NE {�l.E7(fBLE SiANOARD) APPLlCATION MAY B£ INITIATEL� BY n4N AAPLICANT QR FROPERTY QWNfRS WIiNIIV THE REQUIRED IVOTICE RREA AN[? WHtI PRESEIYTED CQIVIPETENT5UB5TANTIAL EVlDENCEIIY �HE LEMEL ONE REViEU11, WHICH ES THE SilBlECT +(3E THE APPIICATION iNITHIN SEVEN DAYS t}F TNE DATE THE DE1/€LCSP'MEI�IT QRDER IS lSSUEQ. 7NE FIC[N� C!F AN AARLIGATiONI1VOTICE OF APPEAt SHALL STAY THE EFfECT QF TFiE DEGIStDW PEM11DiNG THE fIN;4L bE'TERM1tYA�'ION OE TH£ GASE. SECi1QN 4-50Z.B: ARPEAL �F ALE OTIiER APPLItATIdNS Cl7NER TIiAM LEV£L QNE �tRP1tOVAL FLEXIBLE STANDAEiD MAY BE IAlITIATED �Y THE APPUCANT, (�R 8�' ANY PERSON GRANTED PARTY 5TATLiS WITHIM1[ 14 DAYS, bF THE DECl51fJN. SUCIi ARPLIGATION SHA�L BE FtLE17 WitH TNE CITY CIERKlN A fQRM Si>f�EEIED BY FitE CpM14itJNITY DEVELpPMElVT GOORDIIVATQR IDEWTIFYING WiTW SPECIEIClTY T'HE BAS1S EOR THE APPEAL AND ACCC)MPANtED BM A FEE AS REQUIRED BY. SEC710h 4202(E}, THE FIUNG OF A,N APPl.ICATIQNJPIClTICE QF APPEAI SHALL STAY THE EFFECT �DF THE DEGSiON PENtlING THE FlNAL DETERMINATiQI�[ QF THE CASE. APPEAL5 °TO THE COMMUNITY DEVEIUPMENT: BOARD: $250 APPEAIS TQ HEARING O�F(CER: $5i)O PROP�RTY �WNER (PER DEEDj: Mc�onald*s N(AILING AflDRESS: 1p25Q'Highl�nd M�nor Or, Tampa, FL 33610 PHONE NUM6ER: 813-830•9634 EhtlAtL• ti�.chess@us.mcd.c�vn AGENT OR REPRESENTATIVE: The Seygr C,mu,p . Kim .SRyer/Parn 11e17�aa MAI1.liVG t�DDRE$S: 732-1 Merchant Ct, Sarasata, FL 3424�} PHqNE NUMBER: 941-552-220p EMAIL: �E+T�Gsayergroup.com - pam@scyrcrgtoup.com ADDRESS OF St16JEC'(' PRt3PER?Y: �50� S Be[cher Rd, Glearwater PAR�€L NUMBER(S}: �a 2g 15 t�0oo0 aao Otoo LEGA L dE5 CR! PTiON: Pazr oc se e,a oF se i� t� sEa 7..ae.,s oesc �oM ss see ooR Tr+ r�oaac,•a�w+r ,�w:s4Fr n, Nesooe+os x xFr FH suaoo� a,� za.aa Fr fore �a n+ Sf100C1 �q�g t7'S 16FT'TH IJ@90U �tY79'W 2UOFT TH NWDM"a"•W tB2S2FT'M SyFipcJ'a 6�€.�igfi.(YtFT itf Scqqy,� �6'E 14.30FT TO e'sp8 CASE Nl}MBER TQ BE i3PPEALEU: � � � a�.�s � ;„..• � �r � �;' ; ;� QATE OF C}ECISI�N: �� ,,�^, ��,�. Plannirta d� �eveiopment Department, t00 S. Myrtie Avenue, C3earrvater, PL 33T58, Tet. 727-562-4567; Fax: T27-562-4865 Page 1 of 2 Revised Ot�12 SELECT TFEE SPECIFIC APPEAl: APPEAtS FO THE COMMUNdTYOEi/ELQPNtENT 8(}ARD (CDBj. C] {3rders, requirements, decisians or deterrrsinations made by an adrttirtisirative officiai in thP administrat�on nf the Community pevelopment �ode, except for enforcemenfi actians. I� Adrrsinistratiue interpretatians of tt�e Cornmunity Development Gade. ❑ Level Oiie (Flexibfe Standard Deve{aprr�Ent and MinimurrE Standard) approvai decisions. APPEALS T� A kEARING QFFtCER: ❑ Decisior�s af ttte Community Qevelopment Board regarding Leti�el One applica�ians_ CI Any denials deemed to have occurred as resuit of the faiiure of the Community Development Coordinator to act within ihe time iimits pravided in this Cammunity Deve�opment Code. l� Denials c�f any permit or license issued under the provisians af the Cnrnrrsuni�yr DevelopmentCade. CI Decisions of the Corrtmunity Development Board regarding Level Two appfiCatians. i.'1. Any denia(s deemed ta have occurred as a result of the failure of the Cammuni#y Develop�nent eoard to act within the t�me limits �rovided in the Gommunity Development Code, ar as a result of the failure of any �ther administrative officiai or body �othcr than the Community Oevelopment Eoordirtatar or khe Csty Council� ta act within the t'sme limits prawided by any ather applicable {aw, rule; po{icy, ar regulation then in effect. BASlS QF ARPEAL (Explai�s in detaii tne bas�s tar the appeal); See Aitaehed STATE OF FLORIDA, Ct�UN'CY QF P[NELLAS } p.....�:y � .. I, the �ndersigned, acknow€edge that ail Sworn ta and subscribed hefare me this sa,.� + f r.iay oF representations made in this app(icatian are true and accurate 'tv lhe b�sc of rny knowledge and aut�orize �� ,� �� ~� • to me and/or by City representalives ia visit an phatograph the �� rY� °; � g.3�'3�� ` ' g�" � wha is¢ersonaliy knawn �as proper#y d�s�ribed in this appli�at�� ia = 1: pradu�ed , as identific�tinn. � � ; . �''` � of prip�ierty ownerar representative Natary`pubiic, � My camrnissipn expires: y��, KA`i'�,��T�I L;. �;XCJ':`� Ptartning 8 C�exelopment �epachnenf. 1�0 S. Nlyrtle Avenu�, Clearurater, FC 33756. Tel: 727-562-4567; Fayc: 727-552-4865 Fage 2 of 2 ltevised 41112 T1-�E SEYE�Z GRQt�'P Appeal Request The basis for appeal of aevelopment Order CSP2012-07015A - 15Q0 S B�:Icher is that staff is nat appiying the Com�rehensive Sign Code {�SP} language to t�e arnendment request for window graphic signage. The subject property, McDonald's located at: the intersection of Nursery and BefcF�er, utilized the CSA code for all of the signage permitted on the sit�. The City has been very consistertt that all signage had to be included when a CS�P appiica�ion pracess v,ras utilized. 5e�tion 3-180$ B2 states that the comrnu�ity development co4rdinator sfiail review all sign types {freestanding, attached, rrvindt�ws, interiOr 5ite dfreCtiOnal� •L'tC.� for the business and/or the developme�t parcel to achieve compl'rance irt so far as possible t+vith these currertt regulations. It also states that th� cammunity development coor�iinator may al�ow for flexibillty in reviev�ving the master sign plans if it resuits in a sut�stantia{ly improved an�l comprehensive proposal. The code dv�es `not prohibit w'rndow film and the graphics are incvrporated into the window film. This is exactly the typ� of inr�owative and creative signage called c�ut in the general principles of the CSP. The intent of the CSP is to albv+� business�s signage communicatian flexibiiity. General principles of the CSP eode 1.. 2. 3. The intent of the comprehensive sign pragrarn is to pcavide private �raperty ouvners and busin�sses with flexibility to devel�p innovative, crea�ive and effective signa�e and to irnprave the aesthetics of the City ofi Clearwater. The minimum sign standards estab�ished in this Divi�i�� .� ensure that signage wi(f not ha�e an adverse im,pact on the aestheties, cQmmunity characfier and quality of life of the City of Cfearv�+ater, The cit�r recognizes, hav+vever, that 'rn many circurnsfiances, th�re are innvvative and creative aiternatiues to minimum st�ndard signage which are desir�bfe and attractive and wifl enhance comrnunity character and indivit�ual praperty valu2s. The purpose af the comprehensive sign program �s to provide an alterna�ive to minimurn standard signage subject to flexibility criteria v�hich en5ure that aiternatiue signage will 7321 PNerchant Court • Sarasoca, Fiarida 34�40 • 94l .552,22C30 • Fax 941.552.221 � nvt have an ad�erse impact on fihe aesthetics, community character and quality of li�e of the Ci�y of Clearwater. Tne window ftrn industry has made a lot of progress i� their product. The film offiers the ener4y effici�ncy and securit�r barrier that it has �Iw�ys o�fered, yet it now can incorporate graphics. The graphies �lo not block any of the visil�ility in or out of the restaurant. Tl�is type Qf window �ilm is nev+r to McDonald`s and is betng used in conjunction with the testing of the "Create Your Taste" (CYT) program. McDonald's had wantec� to incorporate Clearwater into its �ational test on its new product. This is a historical change for McDanald's t4 offer a gaurmet speci�fized sandwich and we have stated tha� the �raphi�s woufd be removed by the e�d of the year when the CYT test is over. The CSP allaws for flexibility to be gran�ed. The window graph�ics are parC of a nation�l product test to a new hamburger. The new custom hamburger �an only be ordered ins�de the restauraRt. McDonald`s is trytng to educate the customer and make them aware of �i�e new product before they enter the drive thrt�. �fhe window graphic cannot b� cleariy read or understood unless you are in �he parking lot .af �h� restaurant. Traffic traveling on Nursery is not gaing to grasp the wind+aw signage. The trafFic on Nursery would see the mflnument s�gn and tt�e arches on the building. i'ne �SP allr�ws for flexibility tv be granted. The front of the McDonald's faces Beleher Road. There is already an allowance for an additional 94.2,2 square feet af s�gnage feft unused due to CSP restrictions Qn raceways and Electronic Message Systems. The other �ernporary signage m+�asures tha� a busrn�ss would typically use are not al(owed in �he code or the CSP. Staff has commented that historECally fihe CSP does not apply to wsndow graphics even though the property has perrnitted all signage thraugh the C5P process. The principa! of the CSP is to a((ow site specific signage programs that ar�e new and �nnovative and with today's advancement in wEndow graphics this type of signage is a pr�m+e example o� nev�r and inr�ovative signage. Furthermore The City's eode prQhibits the use o�f electranic reader boa�rds whi�h would be tne rr�ore traditiona( meth�d of communicating a message, especiaily when implementing a national tes�. The City code also prohibits the use of racew�ys in th� CSP. 7321 Merchant Court • Sarasota, Flc�rida 34240 • 941.SS2.22a0 • Fax 94i.552.221Q The CSP is to ae a spe�ialized signage program offered to b�sinesses if they choose to utilize this program, Th'rs request is consistent vvith the entir� CSP chapter. The window graphics do not negatively impact the subject site or any adjacenC prop�rty. Tn addition, the window graphics are part of a national test fihat will end by Decerrber 31� �015. 7321 ]wlerchant Court • Sarasota, Florida 34240 • 94l .552.22QQ • Fax 94I .552.22 i 0 �r� ' �.� s �> _ ��' � � � � • � 4 Y t,` �� . �R+��,ti . .. D �Y: � � � ��`�� ..�� . . . . �.'.�< a ��i � ° � �; � i- � ... �� A'i:."`^�'�`�. ...� s� ��*� � �y `3x '.::3 ..;,�' � � � �.,�AFx A . .r•a'�^.. �� a� . *� �4 S �� . � � ,� �: �>�`�. � �' ��.��. � � > � �� . . � � a.�..� . �. � �\�e �,� � � � � �.�� ` ___�„� � � „� ""'+-... � �ti,._. _ a ��'� �� . � � �' � � i!t `� � � ,� '1 .�� +�fir�r� � ' �: y �. � ,:� r.:� W ,... �. { =�. _....-- ; k _�.�.»�� : � _ � � �� - � ,�, �� k �� '"��;'r�� `�,� � �� ,. ., 0 ,�'��' ; .�.� ��'� � ��,��: : ��., �� . � �, �:�: � ..�� . . . ,�a:'i�. :,�� x�;�., �� ; � �; �.� t e � � �� ',�>: � �<' ��_. � � ��, ��2 � ,M � ��... � �..'a r� "?`r ,. � � .'�� ` <a �y�� Y ��,»;.� . . , a 2�'til r;� � � 0 � �� .„ 7 �� Y � • i��:� i :: �.{ �j�. �