TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, Interim City Manager
TITLE: Petition No. DMA-16-157, Cocoplum Village Shoppes Expansion (Quasi-Judicial)
Recommended Action
Approve Petition No. DMA-16-157, Cocoplum Village Shoppes Expansion and the requested waivers except for Waiver Request #7 which would increase the size of directional signs to a maximum of 12 sq. ft. in total area where 4 sq. ft. is required and a maximum height of 4 feet.
Background Information
This Petition is a review of a Development Master Plan Amendment to expand the existing Cocoplum Village Shoppes an additional +/- 140,000 square feet for a complete total of +/- 462,578 sq. ft. and offset the stormwater retention to an offsite property to the south across Tamiami Trail adjacent to the canal separating Wal-Mart and the subject property.
The project consists of two separate project areas (development site and stormwater site) totaling 12.03 acres. The subject project is located in Section 33, Township 39S, Range 21E. The development sites occur on the north side of US Highway 41 between Salford and Sumter Blvd and immediately south of the Cocoplum Canal. The stormwater site is located one block south of US Highway 41 on the east side of Sumter Boulevard and the north side of Chancellor Boulevard. The surrounding land uses include commercial developments, the Cocoplum Waterway, Holiday Park, and major roadways.
The project location has a land use designation of Activity Center #1 and a zoning designation of Planned Community Development (PCD). The applicant has requested several modifications/waivers from the Unified Land Development Code (ULDC) specifically, sign regulations and parking.
This plan is consistent with the City of North Port Comprehensive Plan, Policy 2.1.1, which establishes Activity Center #1 as an area in the City that provides for retail, office and commercial uses. This project shall comply with the Activity Center #1 Mediterranean design standards.
The waivers being requested area as follows:
Request #1 - A modification/waiver is requested from Section 21-8 Off-Street Parking Facilities and Other Vehicular Use Areas. (Previously Approved Waiver)
This section includes the following requirements:
A. Landscaping the Interior of Off-Street Parking Areas
(3) Interspersing of Landscape Areas within Parking Spaces
Interior landscaped areas shall be distributed so as to limit unbroken rows of parking spaces to a maximum of ten parking spaces per row.
A waiver is requested from the above requirement to allow an unbroken row of 19 parking spaces and an increased landscaped area at the terminus of such a row. This arrangement will allow for an increase in available parking and larger landscaped islands available to maintain desired canopy coverage within the parking facility.
Staff Response: This waiver was approved in the previous DCP/DMP and staff recommends that this waiver carry over in order to be consistent with the original DMP waiver for the northern site only.
Request #2 - A waiver is requested from section 29-11 area of signs. This section provides the following area criteria for project signage. (Previously Approved Waiver)
This section includes the following requirements:
B. Secondary Class A signs:
(1) Individual nonresidential occupants within a multiple-occupancy structure of two or
more establishments. Occupants located within a multiple-occupancy complex shall not
be permitted individual primary Class A, but may display individual wall-mounted signs (secondary
Class A signs) on the building in which the occupant is located. On each side of such building on
which part of the exterior wall is included in the occupants individually leased or owned premises
(not including a common area), such occupant may display signs as follows:
(a) If such side of the principal building or unit includes the primary entrance/exit
to such occupant's premises, the occupant may display in the leased or owned area one
such sign, excluding awning and window signs, with a total combined sign area of no more
that 5% of the surface area of the exterior wall included in such occupant's
individually leased or owned premises up to a maximum sign area of 100 square feet. Only
one building side will be considered as including any occupant's primary entrance/exit. If
the occupant has an entrance/exit on a corner or on more than one side, the occupant
may choose which building side shall count as having the primary entrance/exit.
A waiver is requested from the above requirement to utilize 2 square feet of signage per lineal foot of building frontage. The requested formula is typical for a large percentage of the municipalities within the country. This formula, in conjunction with the proposed internal sign specifications and approval processes, would help to ensure that the tenants have the visibility needed to be successful. A waiver is also requested to allow one (1) tower sign measuring 20’-0” x 16’-0” on Outparcel 7 containing the names of any tenant located on the site.
Staff Response: Staff is in agreement with this waiver. The purposes of this waiver is to allow the businesses that will be relocating to Outparcel 7 increased visibility from US-41.
Request #3 - A waiver is requested from Section 29-11 number of signs. This section provides the following area criteria for project signage. (Previously Approved Waiver with Additions in RED)
B. Secondary Class A signs:
(1) Individual nonresidential occupants within a multiple-occupancy structure of two or more establishments. Occupants located within a multiple-occupancy complex shall not be permitted individual primary Class A, but may display individual wall-mounted signs (secondary Class A signs) on the building in which the occupant is located. On each side of such building on which part of the exterior wall is included in the occupants individually leased or owned premises (not including a common area), such occupant may display signs as follows:
(a) If such side of the principal building or unit includes the primary entrance/exit to such occupant's premises, the occupant may display in the leased or owned area one such sign, excluding awning and window signs, with a total combined sign area of no more that 5% of the surface area of the exterior wall included in such occupants individually leased or owned premises up to a maximum sign area of 100 square feet. Only one building side will be considered as including any occupant's primary entrance/exit. If the occupant has an entrance/exit on a corner or on more than one side,
the occupant may choose which building side shall count as having the primary entrance/exit.
A waiver is requested from the above requirement to allow more than one (1) secondary Class A sign for
the occupants individually leased or owned premises to be located on the front, side and rear of the building,
provided that each sign does not exceed the maximum allowed for the front sign. Secondary Class A signs
that are not visible from either the public right-of-way or from offsite shall not be counted as a regulated sign and shall be exempt from regulation of dimension, size, area, or placement by the City of North Port.
Staff Response: Staff is in agreement with this waiver. Since some of the new building will have the front of the building facing inward towards the development, increased signage is need to make the business visible from US-41.
Request #4 - A waiver is requested from the previously approved DCP-08-111 and DCP-07-27, which indicated walkways to be constructed around the proposed water management ponds. A waiver is requested to eliminate the walkways around the water management ponds. (Previously Approved Waiver)
Staff Response: This waiver was approved in the previous DCP/DMP and staff recommends that this waiver carry over to the northern site only.
Request #5 - A waiver is requested to maintain the previously approved 30' high freestanding signage along the project's frontage on US-41. (Previously Approved Waiver)
Staff Response: This waiver was approved in the previous DCP/DMP and staff recommends that this waiver carry over to the northern site only.
Request #6 - A waiver is being requested with regards to Pylon Signs. (New Waiver)
Pylon signage
(1) a waiver is requested to add an additional pylon sign in the same size and design as existing pylon
signs to be located at the north end of the property as shown on the site plan.
Staff Response: This is a new waiver request. Since the applicant is constructing a new access on the north end of the property, staff is of the opinion that this additional signage is necessary to attract visitors to the shopping center southbound on US-41. The signage shall be in concert with the Activity Center #1 Urban Design Guidelines as well as the Unified Land Development Code.
Request #7 - A waiver is requested from Chapter 29, Section 29-8 exempt signs.
(New Waiver)
(1-2). This section allows directional signs to be erected on-site without first obtaining a permit.
(e). Directional signs (commercial). Directional signs, symbols or devices relating to traffic, parking, public services, facilities or warnings on private property.
(2) these signs shall not exceed four (4) square feet in area or contain any advertising matter other than a logo or business name.
A waiver is requested from the above size requirement to allow directional signs to be a maximum of twenty (20) square feet in copy/graphic area and a maximum of ten (10) feet in height.
Staff Response: Without the aid of a drawing or a sign amount, staff does not agree to the waiver. Directional signs need not be 20 sq. ft. in size. According to Section 29-8 of the ULDC, a directional sign pertains to entrance, exit, slow, no trespassing, etc. Typically those type signs are far under 20 sq. ft. in size. Again, without a justification, staff does not agree to the waiver request.
Request #8 - A waiver is requested from Chapter 29, Section 29-10 Permitted Permanent Signs.
g. (3) Banners.
Banners or pennants may be erected in a nonresidential zoning district with the following conditions;
(b) no banner or pennant shall be placed above a sidewalk, walkway, alley, driveway or public or private roadway or right-of-way, unless placed in commission approved business districts.
(iv) all banners in a business district shall have the same design and color throughout the district.
(v) banners shall be permitted only on every other light pole.
(vi) the business district members are responsible for acquiring all relative permissions prior to the placement of the banners.
(iv) a waiver is requested to allow light pole banners to be installed in the parking lot areas and along driveway entrances into the plaza and to be exempt from regulation of quantity, location and design.
(v) the internal banner designs may be changed without review and approval from the City of North Port.
Staff Response: Staff agrees with this waiver of the installation of banner signs on light poles within the shopping center so long as the banner signs do not interfere with the safety of pedestrians or motorists. One banner sign per light pole shall be permitted. Staff also has no issue with exempting the developer from having to seek City permission every time a banner sign is changed with regards to content. A recent U.S. Supreme Court Case, Reed vs. Gilbert ruled that no municipality can impose content-based restrictions on signage. The City shall however retain the right to review the design of the banner in terms of shape and colors so that the requirements of Activity Center #1 will be met.
The Planning and Zoning Advisory Board met on April 20, 2017 to hear this petition. Much discussion centered around the requested waivers. When discussion ended, the Board recommended that Waiver #7 be approved but not as requested by the applicant. The applicant suggested that a maximum of 12 sq. ft. of sign area no higher than 4 ft. in height would be acceptable to them. The Board asked Staff if the new proposal was acceptable and staff agreed.
The Planning and Zoning Advisory Board then recommended APPROVAL to the City Commission of Petition No. DMA-16-157, a Development Master Plan Amendment Application for Cocoplum Village Shoppes, with the following amendments on the waiver requests: #7, to read a maximum of 12 square-feet in copy/graphic area and a maximum of 4 feet in height; and #8, to clarify that the Board is not regulating or controlling any content on the light pole banners. The vote was UNANIMOUS.
Strategic Plan
Financially Responsible City Providing Quality Municipal Services
Financial Impact
According to the Planning Division’s Fiscal Impact Model, the project is fiscally neutral with a yearly net positive surplus of $150,000 to $254,000 per five-year period (after buildout) and a cumulative $1.7 million positive ad valorem impact.
Procurement
Attachments:
1. DMA-16-157 City Commission Staff Report
2. DMA-16-157 Development Plan
3. Planning and Zoning Advisory Board PowerPoint Presentation
Prepared by: Jim McAllister
Department Director: Scott Williams