Our Board of Adjustment meeting for June 17th. Let's do a roll call first. Brianna, please.
Absolutely.
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Here.
Vice Chair Butler. Board Member Dyer. Board Member Pacheco. Board Member Moten.
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And then alternate member Lanier. ‸ Present.
Yes, I want to welcome Ashley Lanier to our committee here for the first time tonight. Thank you for joining. If we could all stand for the pledge now, please.
I
pledge allegiance to the flag of the United States of America and to the republic for which it stands,
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justice.
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If we could have a motion to approve our agenda in minutes.
I'll make a motion we approve the agenda in minutes as presented.
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favor? Aye. ‸ Any opposed? All right. Then we move straight on. uh No old business. We'll move straight on to new business. uh Item pz 26 uh Jen, if you would please present that. Thank you.
Thank you. And good evening, board members. I'm Jen Webster, a planner
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um signage waiver for
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for general sign regulations. And so, just a reminder for the public, the powers and duties of the BOA. Per Article 17, Section 8, regarding waivers from certain code provisions,
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3, Advertising and Signs, providing the procedures in Section
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followed, and findings made, including the initial finding criteria, that the need for the proposed waiver arises out of the physical surroundings, shape, topographical topographical condition, or other physical or environmental conditions that are unique to the specific property involved. In granting development approval involving a waiver, the Board may impose such conditions and restrictions upon the premises benefited by a waiver, as may be necessary to allow positive finding to be made on any of the factors in Section 8c2 or to minimize the injurious effect of the waiver, if there is one. And
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sign regulations, ‸ to increase the maximum permitted sign number of one attached sign per business on an interior lot in the Commercial General Zoning District to five signs. And part two is a request to increase the maximum allowable area
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the project is Mod Wash, is assumed to be, uh
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to open express car wash, located at 1540 Clear Lake Road, south of University Lane, and across from Eastern Florida State College. The owner and developer is Karen Hutton of Hutton Build and Mod Wash LLC. The
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on behalf of Mod Wash. And we do have uh two representatives from Hutton Build uh in the audience with us this evening to answer questions if you should have any any. And uh
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those two are compatible with each other. And so a little bit more background, uh Mod Wash was
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uh serving over 130 locations nationwide. The company offers express car wash services with customer amenities and a focus on sustainability and community involvement. And the signage, this is a picture of the current uh development there over on Clear Lake. And the signage reflects their standard company branding. And the applicant has already um installed and received approval for uh several signs on site, including the um um
the
building sign, the pylon sign, and two directional signs. And ‸ those are um obviously permitted and compliant with the sign regulations. um The businesses uh business tax receipt is in final inspection and they are awaiting certificate of occupancy. And so the actual regulation they're requesting a waiver from is from Table
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in um in the sign code uh regarding the number of attached signs that are allowed and the size of those attached signs. So we normally just only allow one sign for business establishment and
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area to which they're attached. And so um
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it's approximately 4 500 square feet.
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including two fins that project at the top of the front side of the building. ‸ You can see that little kind of projection from the top. Those are the fins. um The typical standard branding signed signage is visible from all sides of the building.
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with the sign regulations. And
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additional signs. And one is a this teardrop here, uh this water drop on the same elevation. This is the west elevation, a smaller teardrop on the east elevation, which is actually the entrance of the car wash. And then on the
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fin
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on the south and north elevation, the vertical logo there. is
the size of the signage so
that's totaling five signs, five attached wall signs. And part two of that request of the request is the size of the signage. So with the requirement being the signs cannot exceed
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of the surface that they're mounted to, in this case, the original sign they mounted is only 10.6 of the surface it's mounted to uh and
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the
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they would um just exceed that 20 slightly at 27.3 percent But overall, uh there's 201 square feet of signage over 1068 square feet of area that they're attached to. and
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which is lower than the required 20. And so in staff's report, the initial criteria is to determine the proposed waiver arises out of the physical surrounding shape, topographical condition, or other physical or environmental conditions that are unique to the specific specific property. So the analysis, the findings were that the site's physical configuration requires a specific building orientation to accommodate the car wash operation, limiting available frontage along Clear Lake Road. The building was set back approximately 60 feet from the property line to accommodate on-site vehicle circulation, reducing visibility from the roadway required and also required landscaping and tree planting may further limit visibility of the building facade as the trees mature. The property is a
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standalone
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out parcel development, making the business visible and accessible from all sides rather than from a single storefront front frontage. And
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variants excuse me the remaining waiver criteria. And so the remaining criteria that we need to consider is, are there practical or economic difficulties preventing the applicant from carrying out the strict letter of the regulation?
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money? That it will not substantially increase any congestion or create hazard or nuisance on the surrounding area? That it will not substantially diminish the property values nor alter the essential character of ‸ surrounding area? And is it in harmony with the comprehensive plan and zoning code? So those are the the rest of the criteria to consider. the
requirements and
so our findings are that the strip strict application of the regulation would create difficulties by limiting building visibility and ‸ identification due to the site's configuration. The building orientation and setback thereby reducing effective customer way finding and commercial functionality. And the request is based on the property's physical characteristics and visibility constraints, not on cost considerations. And it is necessary to provide effective building identification and appropriately scaled signage for the site. And
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and is not anticipated to decrease property values as to the contrary. It's i'm hoping to you know generate more economic economic activity for the area. and
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comprehensive plan and the zoning code regarding redevelopment image and identity for the city, enhancing the quality of life and prosperity.
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development. and so In in uh after consideration of the findings, the board may approve approve with conditions or deny the application, the applicant's waiver requests. If the board chooses to approve the waiver request, staff recommends the following conditions be applied that the sign quantity and size of the signs are approved for the documents as submitted with the waiver request. And that if the applicant wishes to increase the quantity of the size later on of the approved signs, an additional waiver will be required. And
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the illumination of the signs will be limited to the hours of operation,
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if there are any other conditions deemed necessary by the board. And so finally,
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out of article
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section
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table
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of the city of cocoa code
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uh to five attached signs and a request to increase the maximum allowable area
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to which it is attached
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And like I said, the applicants are available in the audience if you should have any questions. Thank you.
Thank you, Jen. uh Regarding this specific item one signage waiver, does the board have any questions for the staff? Okay. um Would the applicant want to come up and share anything or? ‸ Okay. Would you mind coming and just getting sworn in by Brianna, please?
If you could raise your right hand. Thank you. Do you solemnly swear or affirm to tell the truth, the whole truth and nothing but the truth? Yes, ‸ Thank
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that out um very nicely. so Thank you. uh Welcome to the new board member. ‸ That's always exciting. so uh Thank you, everyone. um So uh the way that the building is orientated, as Jennifer explained, um it helps us to be able to show the signage on the pin We actually had looked at this a couple of times and asked that the sign company
look
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at a smaller version for us.
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and larger drops. So we were thinking, you know, this is something that we didn't need here. we were We were able to reduce it a little bit. We think the waiver overall expresses what we're looking for, and we
try
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not to overdo it, if ‸ we were uh
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to you that we have 130 operating locations from down the eastern seaboard mostly from new york to florida and we looked at signage to help blend in with the community and in all of our locations um other than that i i don't think i have anything else to share
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any questions from the board
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missed it um Jennifer if you already went over it uh did you you said that um during when it's when the hours are closed the signage will be turned off does that include the the drops or are the drops
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as well all
signs what is supposed is we've asked that operations terminate the signage the lit signage uh at both
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Thank you very much. Is there any cards for today for this? Like comment cards or anybody from the audience I guess?
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we didn't get
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to the podium and introduce yourself do we want to
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sign
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oh hi uh
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you solemnly swear or affirm to tell the truth, the whole truth, and nothing but the truth? Thank you.
So, there's two articles I have. One is for an LED display that
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So, item one, which is the signage waiver. That was the increase of numbers of signs, I guess, to one and
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I'll move that we uh accept it as presented with the um conditions that you uh pointed out for us.
Okay.
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Then we'll put it to vote. uh Motion to approve with the three conditions. All in favor? Aye. Aye. Any opposed? All right. Motion passes. Congratulations. That's item one. The waiver. We'll move on to item two. uh Jen, if you could please present that one as well,
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uh This is our second item of the evening, and this is a variance uh for the same uh establishment, establishment uh mod wash, car wash, variance uh to the sign sign code uh regarding LED signs. And um I just, uh these these two items, obviously,
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in the presentation, a little bit of redundancy, but in order for the presentation to stand alone, uh I had to, um there's a little bit of repetition. So, uh thank you, and um again, just ‸ as a reminder for the board and for the public, uh that the the the code actually the states that LED signs are only permitted in specified zoning districts. were not located within 150 feet of residentially zoned properties. And so, our code uh allows the board to grant a variance from this requirement
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where a literal, a literal enforcement of the, of the code, would result in an unnecessary hardship for the applicant. And so, the request is, uh it's another two-part request to decrease the minimum 150 foot distance requirement of an LED sign from a residential zone uh
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where we stipulate it has to be amber in color only of applicants requesting full color. And so again, uh you know, reminder that this the location of Mod Wash is, you know,
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We've heard from our applicants, uh representatives from Hutton Build and Mod Wash and again general commercial zoning. Future land use is commercial. And so the same uh background and uh founded in 2020 in Chattanooga, uh
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offers um the express services and they focus on sustainability and community involvement. The signage does reflect their standard company branding uh and they have the already previously installed signs, the building sign, the pylon sign, which is our focus for this item, and then the two directional signs. ‸ And so our code defines a digital LED sign as a sign capable of displaying words, symbols, or images that can be changed remotely or automatically by electronic or mechanical means. Electronic signs include, for example, digital billboards and light emitting diode LED signs. And so the subject property, as you can see, uh is 118 feet wide um on the west side there in the front and meets the minimum lot width requirement of 75 feet for the commercial general zoning district. um So this does make it a conforming lot. The location of the pole, which is there between the two arrows and the arrows actually represent the direction of projection of the sign.
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sign
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feet from the property line of the College Pines apartments there, which is that residential zone that requires the 150 foot distance. um And so this
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places
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the proposed LED sign, obviously less than the 150 foot distance. But just to note, there is no minimum distance requirement for the pylon sign by itself from a residential zone generally, except for the five foot set back from the front property line, which the existing sign it meets and exceeds that uh at about 17 feet and so
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totally
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150 foot requirement And so
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so um the the
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And the applicant's proposed LED sign includes non-static alternating variable message signs in two different solid colors. Although
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the digital sign. And the variable messaging would look somewhat like this. And although the messaging is variable, it's not scrolling or animated. It will comply with the additional requirement of a minimum eight second display time. And so in this staff support the initial criteria uh was to determine that special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and are not applicable to other lands, building, or structures in the same district.
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Pines condos, which is zoned ru 215 As the lot is only 118 feet wide, it wouldn't be possible for the proposed digital LED sign to meet the 150 foot requirement from this residential zone.
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there are no special circumstances to the land or structure involved that are not applicable to other lands, buildings, or structures in the same district that would justify the need for this sign. In addition, the existing permitted installed pylon sign as a standalone structure is compliant with all applicable codes. And so the additional criteria that we review to determine are right are any rights being deprived of the applicant, were there any, uh was a special condition cause of the property caused by an applicant, would it grant special privilege, is it justified, will it deprive the owner of reasonable use if it's denied. um And
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of the provisions of this ordinance was uh deprived the applicant of rights commonly enjoyed to other properties in the same district under the terms of the ordinance. So that's just an expansion of
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the first question. And so the analysis of those questions are that there are other businesses nearby on Clear Lake Road, for example, Domino's Pizza and Marathon Gas Station, both of whom have pylon ground signs but do not utilize a digital LED sign. However, the Eastern Florida State College main entrance, which is directly across the street from Mod Wash, does have a digital variable message LED sign. It's not known at this time whether Eastern Florida received a variance for its LED sign. And there were no conditions found in the initial criteria that merit consideration of approving a variance for the digital LED sign.
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confer a special privilege as other commercial properties may not install LED signs if they're within 100 feet of a residentially zoned property. So staff ultimately does not find that the applicant has demonstrated a need for the variance as the justification primarily relates to visibility rather than a hardship that would prevent reasonable use of the property.
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and staff ‸ recommended approval of additional illuminating illuminated wall signage to enhance the visibility and identification.
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locations do not utilize the LED signs, indicating that the property can reasonably function as a car wash without the proposed LED
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criteria and therefore ‸ is overall not in harmony with the general purpose of the code, which is to ensure their location at is at least 150 feet away from residentially zoned property. Staff did in this in this report and in this presentation did not address the color of the signage given given
uh
given the above findings. and so upon consideration of the findings the board may approve approve with conditions or deny the applicants variance requests but today's staff recommends the board deny the variance requests from chapter 3 article 2 section
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of the city of coco code regarding general sign regulations
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91 feet. and also to deny the request uh
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thank you
thank you Jen I I have a few quick questions for you before I we open it up to the board but um is the residence the residential apartments there is that the only thing that that we're basing that is there a neighborhood south of them or
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there is there is a neighborhood south let me go back to the plan view ‸ it is on all sides so to the north you have the College Pines condos and to the east you have the Clear Lake Isles and then to the south you have the villas at
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But the the Villas at
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property uh I believe would meet the
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a non sequitur. And then uh with the direction of illumination of the digital sign would not affect the property in in the in the rear. So it's really
just the apartments? Really
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just to the apartments
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mean if you could answer this, I mean what what what is the spirit of that code? Is it just like, is it flashing lights? Or I mean they have lighted signs. Is it like, or what, I guess I was just trying to understand. Is it?
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Yeah,
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prevent the um the nuisance of light, of extra light. And typically the digital signs are
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flashed
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They have some sort of motion activity. okay uh You know, variable messaging. Some are animated. I think our code doesn't allow them to be animated. but um But they are, you know, in constant motion.
Okay. Thank you. uh Any other questions
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uh where it says 100.02 right there what street is that please is that clearly
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yes that's clear lake Road. And that's okay
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in florida on that street side, correct?
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Yes. Yes. So the
flashing sign would be, if you go back, I think you had a chart where, one more, I'm sorry, this one. Yes. So it would be underneath this big Mod Pod right there where you have that? Yes. It was distracting directly,
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mounted directly below the existing uh sign face.
Yes, ma'am. Thank you. same
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On the
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will
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you.
Are there
dimensions on the LED? Yeah,
the the maximum size for the LED sign is 32 square feet. Square
feet?
Yeah, 32 square feet.
Okay, and so driving on Clear Lake, um typically Eastern Florida conforms, I believe, to
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restriction,
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much directly across the street from
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there is that existing variable message sign at the main entrance of eastern Florida, and they do have, I believe,
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other colors, but we, we haven't uh been able to determine if they received a variance for that or not.
So.
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amber color.
So my other question is were the board to make a different recommendation from staff, would ‸ this sign potentially have the same operating hours as the other signage so that in theory you could propose
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o'clock at night it wouldn't be. Distracting to traffic.
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Yes if the board so
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[00:29:36] ▶ Play Speaker 5 (introduced as “Jen Webster” — machine-transcribed, not verified) + overlapping voice
like we applied it for the waiver item the same requirement that they turn off the signs after business hours in the evening.
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on this section number two signage
variants
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thank
you
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a digital ward or we can offer that
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the community um ‸ Jennifer again you did a great job laying that out and we've had a couple of conversations
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about it and we respect the fact that you have a code on that.
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too live in ‸ community here in Florida and uh flashing scrolling signs
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turning this off after hours that that goes without saying uh after the hours of operation uh The other thing is, and not that it's it maybe goes in our favor, but
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lot of uh digital boards. uh The water, your water department has one, the school, university across the street has
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aware of that until I talked to Jennifer again state that, uh you know, it depends on where you are at the residential. And certainly, i I, you know, this goes without saying, I think, but it is worth saying ‸ that if I was in a residential area, I wouldn't want a message
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ours
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ours is the message and then it changes during that eight seconds i think that it was which is the code to another message the boards that we saw today and there were somewhere between 20 and 30 digital boards granted they may not be next to a residential i wasn't looking for that at ‸ time um almost all of
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and ours does not do that. Now there were a few that did not scroll, but the majority did. We appreciate the discussion that we've had so far that you would consider allowing us to have it. um If if it's something that you believe that would not be obtrusive to the community and with our message just changing, ‸ scrolling, um
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um ‸ That's really all I think I can add
to the discussion. so Thank you.
Thank you.
I
have a
question. oh
sir, I'm sorry. We just have some questions
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is how much more sophisticated the LED boards are now than when they used to be.
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You know, the technology certainly has come down in price. And then you also have the increase in sophistication. So your willingness to display a certain type of message um that that would be a little more palatable, if you will, is is very um much noted. And
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‸ since there is a question, one of the things I mentioned to Jennifer and my boss on the call that we had a day or two ago uh was
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the box thinker. So one of the proposals that I had, and I ran it by Autumn, um she's not here tonight, but I said, is there any way that we can participate in the community by showing something that is important to the city of
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And I should have done a little more research on that today, but I didn't. But if you had a
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of July celebration, we could show that on there.
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And Autumn was open to the idea to discuss it with the
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folks. Now, that was just a a quick thought I had two days ago.
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I i don't know. But something like that is a is a great benefit. And um if there was something that you guys wanted us to show. Thank you.
Pam,
did you have a question?
He answered you just answered. oh
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that?
Well, in terms of several things with the community. So, and that's really, I don't know that we touched on this, but at the beginning of doing the grand opening, um we invite any dignitaries that are willing to come to the grand opening. We give money to a local school. That's part of our community involvement. um We don't stop there, but I'm not a mod wash employee. I'm a
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employee.
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um The other one was display on the board. So if there was something that the community wanted to see, it's an eight second, you know, uh you know not scrolling, that's ‸ wrong word, but display that could be added. um You know, eight seconds to show something that's important to the city. um And Autumn said, which I didn't know, as she mentioned ‸ Jennifer, is that Autumn has control over the board. It's one of the people
that has control over
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the board. So somebody from GoGo could call Autumn and say, hey, Autumn, you know, could you display this? It's really important to us, you know, coming up at, you know, one of the holidays or, you know, a city event.
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Well, uh Hutton owns mod wash So I work on the Hutton side and then there's the mod wash side. So um i i I technically work for Karen Hutton, who owns
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and Mod Wash. I guess you could call me an employee
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my paycheck
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Thank you. Any other questions from the board? Any other comments from the audience? Thank
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able to discuss at all? Or up here? Yeah. Or, I mean, i i'm
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And I see deny. And I don't want to give any special privilege to another business ‸ that didn't get it or whatever. But there's also part of me that's going, I live
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It doesn't feel like ‸ I know there's apartments there, but
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Flag: a language review questioned the wording · 00:37:44–00:37:48 · unresolved: the words are not shown (unclear audio); listen to the recording
turning it off at the same hours of the other signs. I don't know. But you brought up something about distracting ‸ to drivers. Is there any comments or or I mean, like, or thoughts or I'm just trying to.
torn. I'm torn as well. Okay. So, yeah um you know, they have lots of signs on the building and most people know me. I'm kind of,
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And personally,
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see flashing signs. I find them very distracting. And as you go through the city, I do see them, but again, they're distracting. So in eight seconds, I'm not real sure unless I'm just right there. If I'm going to get the message. So
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a car wash and I can get my car washed and come in and do what I need to do for everyone else. If I'm driving by and I like the community aspect of it because I'm highly involved in this community. So it's always nice to be able to call you up and say, Hey, will you publicize this for the city or a non-profit but again, I have to think about that driver driving down the road and I've got a flashing light over here and a flashing sign two feet in front of me or eight feet and the residents in the area. And the fact that you are willing to turn it off at a certain time is fantastic. And I do appreciate that. So I'm torn right now. um and
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it's going to hurt your business, ‸ not to have it because a lot of them don't have it according to the the notes here, but, uh I just find them distracting at that level. So
I agree. I think less is more. I like the, um I like the physical one that we have without the, uh the flashing one. I like, I like, ‸ that. It's less stimulating as you were saying earlier and it's less busy. So
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Flag: a language review questioned the wording · 00:40:01–00:40:07 · unresolved: the words are not shown (unclear audio); listen to the recording
Wash easier instead of the double signage.
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was saying. is like, wow, that's a lot. Less is more. Seeing that huge, let's
see, how high
is it,
11 feet tall sign,
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I agree with the simple aspect of it, but I think that, to me, the code having only Amber doesn't reflect the technology advances. And I think that when you have a business, you try to get as many people attracted in whatever way you possibly can, whether that's signage or social media. And obviously, these guys have to um operate within the confines of the code.
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limitations um as the other signage that it would be operating and functioning during the same restricted hours that would observe the time of day and then not be distracted to the residents at night. I mean, that that would that would be my recommendation. uh
I have a question, Jennifer. um If the Board of Adjustments, if she made that emotion and let's just do a hypothetical that passed, then does that set precedence, and this may be more for Anthony, then
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Flag: a language review questioned the wording · 00:41:57–00:42:01 · unresolved: the words are not shown (unclear audio); listen to the recording
because we've allowed one? ‸ then they can say, well, you did this one. So ‸ I don't want to see Clear Lake or the entire city turn into this type of signage where you just go down the street and then it's truly distracting because the gentleman already pointed out they found several already. Did it make sense with
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Flag: numbers, amounts, negation or names differ between the machine readings · 00:42:20–00:42:23 · unresolved: the words are not shown (unclear audio); listen to the recording
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just say a couple of things. First and foremost, the first application that you heard was a waiver request. This is a variance request. There are two different legal standards involved here.
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Flag: a language review questioned the wording · 00:42:34–00:42:40 · unresolved: the words are not shown (unclear audio); listen to the recording
standard And it requires, um as as um as our planner said, you know meeting certain very tight criteria, one like unnecessary hardship, right it doesn't provide a special privilege. So there's a reason why the law is that way. It's because the city council is the one that adopts the laws. This board applies the law. So while you may disagree with the 150 foot distance requirement from residential, you may disagree with the operating standards of the sign that the city council adopted. You know, begs the question, is it for this board to determine that the law should be changed and and allow LED signs within less than 150 feet of a residential property? Or would, in this case, that give a special privilege to the applicant?
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Flag: a language review questioned the wording · 00:43:39–00:43:45 · unresolved: the words are not shown (unclear audio); listen to the recording
of a residential area? The council, probably none, the council adopted the rule of 150 feet, and there needs to be a really, really, really, really, really good reason why that standard should be relaxed. Same thing with the operating standards. I'm not disagreeing or, you know, being critical of what the applicant is saying, ‸ but maybe those comments are better served in front of the city council proposing changes to the law rather than asking this board to create exceptions that will come back, and to answer your question, come back to this board by other commercial applicants who are also within 150 ‸ of a residential zone, and ask for the same relaxation of the standards that the city council ‸ adopted. that seems that It seems to be the exceptions eating the rule
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feet, and they kept getting
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Flag: words the first reading may have missed · 00:44:52–00:44:59 · unresolved: the words are not shown (unclear audio); listen to the recording
only within this board's purview to approve of variance if the applicant, by competent ‸ substantial evidence,
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for a variance request.
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Flag: numbers, amounts, negation or names differ between the machine readings · 00:45:17–00:45:18 · unresolved: the words are not shown (unclear audio); listen to the recording
Not just showing compliance with one, not offering something, you know, oh we'll put something on the sign, therefore that justifies an exception to the rule. No, you must meet each of the criteria strictly. You don't meet one of them, this board is legally obligated to deny the variance request.
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Thank you very much for the clarification.
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staff's recommendation to deny this request.
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deny is approved, so we have to deny it at this time. um All right. Next meeting date.
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Flag: a language review questioned the wording · 00:46:22–00:46:24 · unresolved: the words are not shown (unclear audio); listen to the recording
Or is that
oh that? uh that's it for the planning side.
That's it for the planning side. Next meeting date,
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Flag: a language review questioned the wording · 00:46:30–00:46:32 · unresolved: the words are not shown (unclear audio); listen to the recording
on the first there
is a special meeting on july 1st uh
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Flag: a language review questioned the wording · 00:46:36–00:46:40 · unresolved: the words are not shown (unclear audio); listen to the recording
At 65 Stone Street.
um I motion to adjourn the meeting.
I'll second. All
in favor? Aye. Any opposed?
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