Urban Planning and Land Use

Transcription

1 Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) Kansas City, Kansas Fax: (913) planninginfo@wycokck.org To: From: Board of Zoning Appeals City Staff Date: August 13, 2018 Re: Petition #2283 GENERAL INFORMATION Applicant: Ann Hoins Status of Applicant: Representative Young Sign Co. Inc 326 Choctaw Street Leavenworth, KS Requested Action: Approve a variance for three monument signs Date of Application: April 23, 2018 Purpose: This appeal has been filed to allow three monument signs that exceed the maximum square area and maximum height. Sec (c)(3)(b) states that monument signs in the R-1 Single Family District shall be not larger than 40 square feet in area and 12 feet in height. The appellate is requesting to have one sign on State Avenue that is square feet in area and 23.5 feet in height, a violation of #2283 August 13,

2 square feet in area and 11.5 feet in height. The appellate is also requesting to have a sign on Parallel Parkway that is square feet in area and 13 feet in height, a violation of square feet in area and 1 foot in height. Sec (c)(3)(b) states that monument signs in the CP-1 Planned Limited Business District shall be not larger than 50 square feet in area. The appellate is requesting to have one sign on College Parkway that is square feet in area, a violation of square feet. Property Location: 7250 State Avenue and 1400 College Parkway Commission Districts: 1. Commissioner At Large: Melissa Bynum 2. District Commissioner: Jane W. Philbrook Existing Zoning: R-1 Single Family District and CP-1 Planned Limited Business District Existing Surrounding Zoning: North: R-1 Single Family District South: C-1 Limited Business District, CP-2 Planned General Business District, CP-3 Planned Commercial District East: R-1 Single Family District, RP-5 Planned Apartment District, CP-1 Planned Limited Business District, and CP-2 Planned General Business District West: R-1(B) Single Family District, RP-5 Planned Apartment District, CP-1 Planned Limited General Business District, and CP-2 Planned General Business District Existing Uses: North: South: East: West: Residential Residential and Commercial Residential and Commercial Residential and Commercial Neighborhood Characteristics: The neighborhood is mixed residential and commercial in nature. Total Tract Size: acres Master Plan Designation: The City-Wide Master Plan designates this property as public/semi-public. Major Street Plan: The Major Street Plan designates State Avenue, Parallel Parkway and College Parkway as Class A Thoroughfares. Advertisement: Property Owners Letters May 17, 2018, June 1, 2018 and June 28, 2018 Wyandotte Echo May 17, 2018 #2283 August 13,

3 Public Hearing: August 13, 2018 Public Opposition: None to date STATUTORY REQUIREMENTS/FACTORS TO BE CONSIDERED 1. The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and which is not created by an action or actions of the property owner or the applicant. The variance requested is unique in that this is the first request staff is aware of for monument signs of this magnitude. Monument signs are not ordinarily found in the R-1 Single Family District unless they are for non-residential purposes, such as schools and churches. The college has had three monument signs on the property dating back to The need for the variance was not created by the applicant, as the signs have not been constructed yet. 2. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. The granting of this variance is not expected to adversely affect the rights of adjacent properties. The sign requested for the State Avenue entrance is the biggest concern, as it is 23.5 feet tall. However, the neighboring properties are for the most part commercial, and the college is not their competitor. 3. The strict application of the provisions of the zoning ordinance of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application. The strict application of the zoning ordinance will not constitute an unnecessary hardship on the property owner. The college could reduce the size of the signs so that this variance is not required. However, the college may not be able to market themselves as effectively without prominent signage. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. The variance, and particularly the proposed sign for State Avenue, may adversely affect the public health and safety. The 23.5-foot sign will be located closer to the intersection of State Avenue and Campus Boulevard than the current sign. There may be concern that a sign of that size will distract motorists and cause traffic violations and accidents. The proposed sign will likely be taller than the traffic lights at the intersection. #2283 August 13,

4 5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning ordinance. The intent of the zoning ordinance includes, but is not limited to: recognizing the business community s need for effective, individualized identity and public awareness; determining placement consistent with traffic safety, by reducing traffic hazards caused by distractions to motorists and impairment of sight lines; protecting property values by enhancing the harmony between residential and commercial uses; complementing the character of the zoning districts land uses; avoiding the creation of nonconformities; and promoting equity between businesses and other typical sign users. The granting of this variance will be opposed to some, but not all, of the purposes of the zoning ordinance. Staff recognizes the need for the college to have prominent signage but is also concerned of the effect on traffic safety, and of the precedent it may set for other businesses looking to make themselves recognizable. PREVIOUS ACTIONS #818 Variance for the current signs at the State Avenue and Parallel Parkway entrances, approved October 2, At the time, the maximum area allowed was 16 square feet and the maximum height was 15 feet. There was also a 20-foot required setback. NEIGHBORHOOD MEETING Applicant held a neighborhood meeting on May 23, According to the applicant, there were no questions amongst attendees. STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. A footing and foundation permit is required by Building Inspection prior to installation of monument signs. 2. A sign permit is required for each monument sign, at such time the sight triangles and other engineering stipulations will be reviewed. 3. Sec (c)(3)(b) of the code states the following: 1. The base shall not exceed a height of five feet above the average finished grade. 2. An enclosed or solid sign base is not required if the sign face is within two feet of the average finished grade. 3. The materials of the base of a monument sign shall be either masonry, stone or concrete. a. The structural support for the sign: State Avenue and College Parkway signs are considered to be the 1 concrete base. The aluminum framework above the base and below the first sign copy is being considered as sign #2283 August 13,

5 area, as it not a continuous part of the base or made out of the required material. b. For the Parallel Parkway sign, the aluminum framework with EIFS covering does not meet the requirements for the base. Therefore, it is considered to be part of the sign area. 4. Sec (a)(1)(a) of the code states the following: For a sign with one sign face, sign area is computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any panel or material forming an integral part of the background of the display against which it is placed, other than structural supports. a. Per this direction for calculating sign area, staff has determined the following sign areas: the State Avenue sign is square feet; the College Parkway sign is square feet; and the Parallel Parkway is feet. 5. Sec (d)(6) in the code states the following: Illuminated signs or digital signs within a residentially zoned area shall shut off between the hours of 10:00 p.m. and 6:00 a.m. The sign shall include an automatic shut off mechanism to ensure that the signs are not illuminated during the time provided above. a. This applies to the signs on State Avenue and Parallel Parkway. Public Works Comments: A) Items that require plan revision or additional documentation before engineering can recommend approval: 1) None B) Items that are conditions of approval (stipulations): 1) Proposed and relocated signage shall be located on private property. If any part of the sign or utilities, i.e., electrical service, will be within public right-of-way, there may be additional requirements. Further discussion or meeting with staff may be needed prior to sign permitting. 2) Proposed and relocated signage shall not be placed over existing utilities. Adequate clearances shall be provided between signage, foundations and existing utilities. 3) Proposed signage shall not be within sight triangles. On site plan(s), indicate sight distance triangles in accordance with AASHTO, UG standards and criteria. Further discussion with staff may be needed prior to sign permitting. 4) Construction plans shall meet UG standards and criteria and shall be reviewed and approved by UG prior to construction permit acquisition. C) Comments that are not critical to engineering s recommendations for this specific submittal, but may be helpful in preparing future documents: 1) None Staff Conclusion: 1) Adhere to the Urban Planning and Land Use and Public Works stipulations. 2) If approved, the applicant shall apply for the appropriate sign permits. #2283 August 13,

6 STAFF RECOMMENDATION Staff recommends that the Board of Zoning Appeals APPROVE Case #2283 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Neighborhood Meeting Minutes Aerial Site Plan Site Survey Easement Exceptions Applicant submitted renderings of signs Staff renderings of signs Proposed sign locations Applicant s Five Conditions REVIEW OF INFORMATION AND SCHEDULE Action Board of Zoning Appeals Public Hearing August 13, 2018 Appeal STAFF CONTACT: Byron Toy, AICP MOTIONS I move the Board of Zoning Appeals APPROVE Case #2283 as meeting all the requirements of the City code and being in the interest of the public health, safety and general welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements: OR 1. ; 2. ; And 3.. I move the Board of Zoning Appeals DENY Case #2283, as it is not in compliance with the City Ordinances as it will not promote the health, safety and general welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. #2283 August 13,

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8 Sign additions Signs to remain unchanged Site Plan #2283 August 13,

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12 Easement exception #2283 August 13,

13 Easement exception #2283 August 13,

14 Easement exception #2283 August 13,

15 Easement exception #2283 August 13,

16 Easement exception #2283 August 13,

17 Applicant submitted rendering of State Avenue sign Proposed location of State Avenue sign #2283 August 13,

18 Staff rendering of State Avenue sign to scale *Logos are not representative #2283 August 13,

19 Applicant submitted rendering of College Parkway sign Proposed location of College Parkway sign #2283 August 13,

20 Staff rendering of College Parkway sign to scale *Logos are not representative *Question marks are where applicant did not provide measurements #2283 August 13,

21 Applicant submitted rendering of Parallel Parkway sign Location of Parallel Parkway sign #2283 August 13,

22 Staff rendering of Parallel Parkway sign to scale *Logos are not representative #2283 August 13,

23 #2283 August 13,

24 #2283 August 13,