CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

TO: Mayor and City Commission

FROM: Richard D. Sala, City Manager

BY: Tammy L. Reed-Holguin, Community Development Director

DATE: March 11, 2008

SUBJECT: SWAV 07-03A Sign Waiver Request

To allow a 39.8 square foot Menu Board sign where 16 square foot sign is allowed by section 94-14 (13) of the City’s Code of Ordinance within a Community Business (B-2) Zoning District.

APPLICANT: Pollo Operations, Inc. – Pollo Tropical

8096 West McNab Road

Pollo Operations, Inc. is proposing to build a 3,438.27 square foot restaurant on an outparcel at the Shoppes of McNab at 8096 W.McNab Road. In conjunction with the request for site plan approval and variances, the applicant is also requesting a sign waiver to permit a 39.8 square foot Menu Board sign instead of a 16 square foot sign permitted per the City Code. In addition, the applicant has submitted a separate sign waiver request for three wall signs, which will also be considered tonight for approval as a separate agenda item.

The specific details of the menu board sign waiver request are contained in the attachments and made a part of this report.

Section 94-43 of the sign code makes a provision where the City recognizes that the commercial areas located adjacent to McNab Road are established business areas serving a regional population base and that certain requirements of the sign code may not be applicable. The City Commission, therefore upon recommendation of the Planning and Zoning Board, may waive the requirements of the sign code.

It is always the staff’s objective to review any application in the best interest of business viability and success. Staff also has the responsibility to review the aesthetic and other impacts of any signage in the City.

In this situation, the 16 square foot requirement set forth by the City Code is too restrictive for a drive-thru menu sign to display a large variety of food combinations that fast food restaurants offer today. A preview sign (menu board sign) will enable the customers to review some of the food items prior to getting to the order board and therefore expedite food service. In addition, it would help avoid long lines of vehicles in the drive-thru area.

On January 15, 2008 the Planning and Zoning Board met and unanimously recommended City Commission’s consideration and approval of the proposed sign waiver for a 33 square foot menu board as stated in the cover sheet of staff memorandum. However, the back-up included the specifications for 39.8 square foot sign as requested by the applicant. This size menu board sign is within the parameters of previously approved signs for fast food restaurants utilizing menu board signs.

Recommendation

The City Administration recommends Commission’s consideration and approval of the attached resolution approving the sign waiver request for Pollo Operations, Inc. to install and maintain a 39.8 square foot Menu Board sign where 16 square foot is allowed by section 94-14 (13) of the City’s Code of Ordinance within Community Business (B-2) Zoning District.

RESOLUTION NO. __________________

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN WAIVER REQUEST FOR POLLO OPERATIONS, INC., LOCATED AT 8096 WEST McNAB ROAD, NORTH LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF A 39.8 SQUARE FOOT MENU BOARD SIGN WHERE 16 SQUARE FOOT IS ALLOWED BY SECTION 94-14 (13) OF THE CITY’S CODE OF ORDINANCE WITHIN A COMMUNITY BUSINESS (B-2) ZONING DISTRICT.

Whereas, Section 94-43, of the City's Sign Code, allows the City Commission the option to waive the requirements of the Sign Code relating to commercial areas adjacent to Rock Island Road, Southgate Boulevard, State Road 7, McNab Road and S.W. 81st Avenue; and

WHEREAS, Pollo Operations, Inc. located at 8096 West McNab Road, North Lauderdale, Florida, feels that the provisions of the sign code for Menu Board sign(s) as stated in the City’s Code of Ordinances are inadequate for their needs; and

WHEREAS, Pollo Operations, Inc. is requesting a sign waiver to allow the installation and maintenance of a 39.8 square foot Menu Board sign where 16 square foot is allowed by section 94-14 (13) of the City’s Code of Ordinances within Community Business (B-2) Zoning District; and

WHEREAS, the Planning and Zoning Broad recommends the approval of said request

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA:

Section 1: That the waiver of the sign code be and the same is hereby granted to Pollo Operations, Inc. to allow the installation and maintenance of a 39.8 square foot Menu Board sign where 16 square foot is allowed by section 94-14 (13) within Community Business (B-2) Zoning District.

Section 2: That the waiver granted by this Resolution shall not excuse the applicant from compliance with each and every term, condition and provision of the City's Sign Code, the Code of Ordinances of the City of North Lauderdale, Florida, conditions imposed by the City Commission, Administration and/or Planning and Zoning Board, as well as the obtainment of the necessary permits.

Section 3: That this Resolution shall take effect immediately upon adoption.

PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida, this _11_th day of March 2008.

APPROVED AS TO FORM:

________________________________

CITY ATTORNEY SAMUEL GOREN

___________________________

MAYOR JACK BRADY

_______________________________

VICE MAYOR JOHN R. CANGEMI

ATTEST:

__________________________________

INTERIM CITY CLERK PATRICIA VANCHERI