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17 DEC 11 A G E N D A BOARD OF ADJUSTMENT DECEMBER 11, 2017 6:30 P.M. CITY HALL CITY COUNCIL CHAMBERS 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting of November 13, 2017 1 3. VARIANCE REQUEST(S): a. Rear Yard Setback Variance 4800 Flagstone Street Lot 44R, StoneRidge Subdivision Petitioner: Richard Penn 2-3 b. Sign Package Variance Tropical Smoothie 140 John Harden Drive Representative: Signs of Integrity 4-8 c. Sign Package Variance Front Yard Setback Variance Corner of West Main Petitioner: Kum & Go, L.C. (material included in packet) 9 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: December 11, 2017 6:30 p.m. – 6:53 p.m. ATTENDANCE: Commissioners: Scholl, Brannen, Brittenum, Healey, and Chairman White were present. City Attorney Bamburg and City Engineer Whisker were also present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman White declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Healey to approve the regularly scheduled meeting minutes of November 13, 2017. MOTION CARRIED. VARIANCE(S): Rear Yard Setback Variance 4800 Flagstone Street, Lot 44R, StoneRidge Subdivision Chairman White opened the public hearing at approximately 6:30 p.m. Petitioner Dan Davis related that the property backs up to a woods; adding that there are provisions for the development to continue on to the north and into the west. He stated that the lot is not very deep and the proposed home is larger and will require it being closer to the rear setback than the allowable minimum. City Engineer Whisker stated that typically lots are 120’ X 70’, explaining that this is a corner lot which is 85’ wide by 103.37’ deep and that is the main reason for the rear yard setback variance request. He noted that the normal rear yard setback is 25’ and in this instance he also has the home 2.5’ off of the front build line. He added which is the request then of the 16.5’ rear yard setback versus the 25’. Chairman White noted that the proposed house is off the front build line and that bringing the house up to the front build line would provide more rear space. City Engineer Whisker stated that if the proposed house is pull up to the front build line it would provide for an 18’ rear yard setback instead of a 16.5’ making for a variance of 7’. Mr. Davis agreed to move the proposed home up to the front yard setback. Commissioner Brannen moved, seconded by Healey to approve a 7’ rear yard setback variance. MOTION CARRIED. Chairman White closed the public hearing at approximately 6:36 p.m. b. Sign Package Variance for Tropical Smoothie 140 John Harden Drive Chairman White opened the public hearing at approximately 6.36 p.m. Representative With Withrow of Signs of Integrity related that Tropical Smoothie is requesting to add a wall sign on the northeast wall of the building regarding the opportunity for visibility from the Freeway which 1 BOARD OF ADJUSTMENT REGULAR MEETING December 11, 2017 continued: is more visible than the front of the building. He noted that it would allow for traffic to pull off the Freeway before coming to the access, which is close to the front of the building. He additionally noted that they are sort of the anchor tenant in the small strip center and it could be beneficial to the other businesses as well as Tropical Smoothie. City Engineer Whisker stated that the Code allows one sign per building face per street frontage, he noted that this location has the Main Street off-ramp southbound almost directly to the north side of this building. He stated that he does not see the request as a problem, explaining that the north side of the building is more visible than the front side of the building until you pass the driveway. He added that the request is to ensure they can be seen from both sides. Mr. Withrow answered Chairman White that currently there is a sign on the west face of the building that will be replaced and then there would be an additional one on the north face of the building to take advantage of the visibility regarding southbound traffic on the Freeway. Commissioner Healey moved, seconded by Brannen to approve the variance for an additional wall sign for Tropical Smoothie located at 140 John Harden Drive. MOTION CARRIED. Chairman White closed the public hearing at approximately 6:39 p.m. c. Sign Package Variance and Front Yard Setback Variance for Kum & Go at the Corner of Main Street Chairman White opened the public hearing at approximately 6:40 p.m. Mr. Robert Febig, site development manager for Kum & Go related that he is accompanied by Todd Belier who is with Ozark Civil Engineering, Inc. He stated that to the front they are proposing a 20’ monument sign that meets Code but the setback is 10’ and they are requesting to place it at a setback of 9.28’. He went on to say that they are proposing to have a 80’ highway/interstate pylon sign, explaining that the signage at the bottom begins at 55’ and Code allows a 35’ pylon sign, noting that the signage would be 500’ off the Highway. He stated that there signage is farther back than the other service station pylon signs. He added that they are also requesting a variance on the number of building signage, saying that being at this location they have three frontages to Main Street. He explained that they are proposing to have two signs that face west, two signs on the north and then one sign facing sign which does meet Code. He went on to point out that the Commission has the building elevation and the total sign package. He stated there is a total of five signs on the building. He then related to the south there would be the large pylon sign with 990 square feet while Code allow 200’ square feet, adding that it is a price sign with digital LED which needs to have a visibility of at least 2,000 feet off the Highway. He noted that the remaining variance request would be for a setback variance of less than 1’ for the monument sign to the front of the property. 2 BOARD OF ADJUSTMENT REGULAR MEETING December 11, 2017 continued: Commissioner Healey confirmed that the pylon signage is in need of a height and size variance. Mr. Febig stated that the sign is 500’ off the Highway, saying that they have offered perspectives showing that they had to clear certain buildings and signage at certain distances regarding the need for the height of the sign. He clarified that the existing pole onsite currently is around 55’ and if signage were at the top it would probably come in around 70’. He explained that they are actually going to place their pylon sign further back, which is why they have the variance request for height and size. He related that Kum & Go has done as much as 1,500 square foot signs but a sign that large is not needed for this site. City Engineer Whisker stated that along the Highway and areas where there are bridges that go over the land, all those businesses tend to want taller pylon signs or free standing signs in the front regarding visibility issues from the Highway. He stated that Popeye’s next door was the last business to request a variance for a taller sign, recalling that Popeye’s had requested to raise their sign another 20’. He went on to recall that the Ford dealership had also requesting raising multiple pylon signs and enlarged their Ford logo sign. He stated that Kum & Go has presented the same type of sign package as the Ford dealership. He noted that while this one will stand taller than most, the Highway is being raised on both Redmond Road and West Main. He added that because of this Kum & Go is looking for a taller than normal freestanding sign, explaining that the Code request a 45’ or 10’ higher than the building whichever is less. He stated that typically the higher the sign the bigger the sign is, adding that 200 square feet is the normal and Kum & Go is looking for 900 square feet. He related that Kum & Go has been talking with the City for a while, adding that he feel they will be a good neighbor in that corner and be a good representative and start to the neighborhood with the new school. Mr. Febig stated they are proposing to construct the new Market Place Store, he added that it has not been built yet. He related that the store will be approximately 5900 square feet with pizza, penne, fresh fruit, and all the drinks. He related that they are excited to be locating in Jacksonville. He then related that Popeye’s sign is about 15’ higher than their sign. He added that they have spoken with the owner of Popeye’s and he is happy they are going to be on the corner. He noted that they would be working with Popeye’s because there are a lot of power lines to take down to clean up the corner. He stated they are going to try and represent Jacksonville in the best possible way. In response to a question from Commissioner Brannen, it was determined that parking would not be an issue for this size store. Discussion ensued regarding the representation of signage from the Highway advantage. It was related that the old signage would be removed. City Engineer Whisker spoke to the setback variance explaining that a sign between 3 to 8 fee then it requires a 10’ setback, in this case they are 3 BOARD OF ADJUSTMENT REGULAR MEETING December 11, 2017 continued: requesting to be 9.28’. He added that this is for sight distance, adding that in this particular instance, the driveways – because of the one way of Main Street, the sign will not obstruct the view either way. Commissioner Healey moved, seconded by Commissioner Brittenum to approve the corporate sign package for Kum & Go at the intersection of West Main. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman White adjourned the meeting at approximately 6:53 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Rick White CITY CLERK – TREASURER 4