Agenda

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Item # 7.

Council Meeting

Meeting Date:	06/13/2023
Department:	Development Services

AGENDA CAPTION:

Present, discuss, and consider action on a request for a Meritorious Exception to Chapter 62 of the Code of Ordinances for Hawkers, located at 5100 Belt Line Road, Suite 430, in order to allow Hawkers to exceed the maximum number of attached wall signs per façade and for the attached wall sign to exceed the maximum letter/logo height. (Case MR2023-04/5100 Belt Line Road, Suite 430 - Hawkers).

BACKGROUND:

Hawkers is a new restaurant located within Village on the Parkway at 5100 Belt Line Road, Suite 430. Hawkers is nearing completion and during the sign review process, staff determined that the proposed signage did not comply. The restaurant group submitted permits for two signs on the west facade including the restaurant name and the logo, with the proposed logo sign exceeding the maximum height. A Meritorious Exception to the Village on the Parkway Special District within the Town’s sign code is necessary to allow an additional attached wall sign, as only one is permitted by right, and to allow that sign to exceed the maximum logo height.

Hawkers has proposed a neon wall sign, featuring their logo, that is 74 inches tall and 74 inches wide, with an effective sign area of 38 square feet. The bottom of the sign is situated approximately 13 feet above grade. The restaurant's logo is 50 inches tall. The sign will be illuminated with skeletal neon. The second sign proposed included the restaurant name, also illuminated with skeletal neon. This sign is 30 inches tall and 228 inches wide, with an effective area of 89 square feet. The bottom of the sign is situated approximately 12.5 feet above grade.

Per the Village on the Parkway Special Sign District, each establishment is only allowed one attached wall sign per façade. The applicant has proposed two attached wall signs on the west façade, creating the need for a Meritorious Exception. Additionally, the proposed 50-inch-tall logo sign exceeds the maximum logo height of 36 inches by 14 inches, also requiring a Meritorious Exception.

The applicant is pursuing a Meritorious Exception to the sign ordinance based on the below code provision:

Town of Addison Code of Ordinances, Chapter 62 (Signs)
- Section 62-33. – Meritorious exceptions.
  - (d)(3) The council may consider appeals on the basis that such regulations and/or standards will, by reason of exceptional circumstances or surroundings, constitute a practical difficulty or unnecessary hardship or on the basis that the proposed improvement although falling under the definition of a "sign," constitutes art that makes a positive contribution to the visual environment.

Staff does not believe that the criteria has been met for a Meritorious Exception to allow an additional sign on the west façade. Allowing an additional sign beyond what is permitted in the Special District undermines the intent of the regulations, which is one attached wall sign per facade, and deviates from the consistent amount of signage throughout the shopping center. Additionally, the proposed sign features the restaurant’s logo, therefore is commercial in nature and does not constitute art.

Staff believes the criteria has been met for a Meritorious Exception to allow the sign to exceed the maximum logo height by 14 inches. The proposed sign is unique as it is a circle that only features one symbol, the restaurant's logo, with no additional letters or graphics. The proposed sign utilizes 38 square feet of the allowed 138 square feet of sign area, but due to the logo height requirement and the Hawkers' logo design, the restaurant is more constrained than other establishments that may have asymmetrical or linear signage. Additionally, the proposed sign provides a sign that is more appropriately scaled to the tower.

As recommended by staff, Hawkers would have the option to utilize either their logo sign or the restaurant name, however, not both. If Hawkers wished to integrate the logo sign with the restaurant name sign, to create a single sign, that could resolve this issue as well.

RECOMMENDATION:

Administration recommends denial of the Meritorious Exception to allow Hawkers to exceed the maximum number of attached wall signs per façade and approval of the Meritorious Exception to allow an attached wall sign to exceed the maximum logo height.

Attachments
MR2023-04 Presentation
MR2023-04 Ordinance
MR2023-04 Plans
MR2023-04 Rendering