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Home My WebLink AboutDR-12-07 - Decision - 0165 Dorset StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD MASTER SIGNAGE PERMIT #DR-12-07 165 DORSET STREET ALL SEASONS DENTAL FINDINGS OF FACT AND DECISION All Seasons Dental, hereafter referred to as the applicant, is seeking to amend a previously approved master signage permit. The amendment consists of revisions to the provisions for freestanding and wall -mounted signs, 340 Dorset Street. Pursuant to Section 6 of the City of South Burlington Sign Ordinance, the erection, alteration, or relocation of any sign within this district shall require design review by the South Burlington Design Review Board (DRC) and Development Review Board (DRB). Section 8 of the Sign Ordinance requires all property owners within the DS/CC Sign District to obtain a Master Signage Permit. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking approval for a new master sign permit for the property located at 165 Dorset Street. 2. The subject property falls within the Dorset Street/City Center Sign District. 3. The application was received on November 19, 2012. 4. This is an after -the -fact application as a sign has been constructed without an approved master sign permit. 5. The Design Review Board met with the applicant on Monday, January 28, 2013. They unanimously recommended that the Development Review Board take action of the Decision included herein. 6. The Development Review Board held a public hearing on February 19, 2013.The applicant did not attend. 7. The owner of record of the subject property is Theresa Paquette. 8. The applicant has submitted photographs of the proposed (installed) signage. DESIGN REVIEW CRITERIA In reviewing an application for signage, the DRB has considered the following: (a) Consistent Design The design of a sign must be compatible and harmonious with the design of C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\DR 12 07 165Dorset AIISeasonsDental ffd.doc 1 buildings on the subject property and nearby. The design of all signs on a property shall promote consistency in terms of color, graphic style, lighting, location, material and proportions. The Board finds that the proposed signage does not meet these standards. Members find the number of colors used, compounded by the brightness of the colors used, to be overwhelming and not at all harmonious with the building or the surrounding buildings or surrounding signage. More details on this follow in the additional standards outlined below. The applicant indicates that they would like to restore lighting that had previously been used on the property. However, no details or photos of those fixtures have been included other than to indicate a ground mounted fixture. This lighting shall be limited to illumination of the sign only. No light spillage should be permitted. (b) Promotion of City Center Goals Signs within the DS/CC Sign District should be of high aesthetic quality and pedestrian oriented. The Board finds that the quality of the materials appears to meet this standard. The application indicates that the sign is composed of an aluminum substrate with vinyl copy. The sign pole is a painted white wood pole, with a black steel bracket. The Board finds these to be sufficient. The Board finds that the overall size and proportionality of the sign meets the standard of being pedestrian oriented. The Board does not find the sign to be of great aesthetic quality, primarily due to the brightness and number of colors used. More details of this are found below. (c) Color & Texture A maximum of 3 colors is encouraged. The application herein includes seven colors: Yellow, white, teal, black, blue, orange, and red, with the first three being the dominant colors in the sign. The Board finds that the permit should either adhere to a maximum of 3 colors used, or be revised such that the dominant colors be more neutral and complimentary to the accent colors. In advising this, the Board states that the use of such bright colors draws great attention to the number of colors used in the sign, which would be in opposition to the standard outlined herein. (d) Materials Used The Board finds that the quality of the materials appears to meet this standard. The application indicates that the sign is composed of an aluminum substrate with vinyl copy. The sign pole is a painted white wood pole, with a black steel bracket. C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\DR 12 07 165Dorset AIISeasonsDental ffd.doc2 The Board finds these to be sufficient. Pursuant to Section 20 of the Sign Ordinance, all signs shall be of substantial and sturdy construction, kept in good repair, and painted or cleaned as necessary to maintain a clean, safe, and orderly appearance. This criterion shall be enforced. All signs shall be kept in good repair; landscaping surrounding the freestanding signs shall be kept trimmed and neat and shall not obscure the text of the signs. This criterion shall be enforced. (e) Wall Mounted Signs Section 10 of the Sign Ordinance governs the size and location of wall - mounted signs and shall be enforced by the Code Officer. Pursuant to Table 10-1 of the Sign Ordinance, a wall -mounted sign for a multi -tenant building or a multi -building lot with a master signage permit in any district with freestanding or landscape sign shall not exceed 15% of the area of the fagade to which it is attached or 100 sq. ft., whichever is smaller. Pursuant to Table 10-1 of the Sign Ordinance, the total area of all wall - mounted signs on the subject property shall not exceed 10% of the area of principal public fagade of each building. Section 10(c) states that a wall -mounted sign shall not project above the roof or parapet of the building nor below the top of any first floor doorway unless permitted through the design review approval process. Pursuant to Section 10(d), a wall -mounted sign shall not cover any opening or project beyond the top or end of any wall to which it is attached. Section 10(g) stipulates that a wall -mounted sign shall not project from the wall in excess of 9". No wall mounted signs are proposed as part of this application and therefore no wall mounted signs shall be approved. (f) Freestanding Signs Section 9(h) states that free-standing signs along Dorset Street are to be located in a sign corridor that begins adjacent to the road Right -of -Way and runs sixteen (16) feet from the edge of the Right of Way toward the building face. C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\DR 12 07 165Dorset AIISeasonsDental ffd.doc3 The proposed sign is located appropriately. Section 9(h) states that free-standing signs in the Dorset Street/City Center District may not exceed thirty-two (32) square feet in overall dimensions and may be no higher than twelve (12) feet, measured from the average finished grade at the base of the sign to the highest point of any part of the sign structure. This shall be enforced by the Code Officer. CONCLUSIONS OF LAW 1. Section 6 (b) (3) of the Sign Ordinance states that the "use of a maximum of three (3) predominant colors is encouraged ..." The applicant's sign proposes to use seven (7) colors: yellow, white, teal, black, blue, orange, and red, with the first three being the dominant colors in the sign. The Board concludes that this proposal is not in compliance with Section 6 (b) (3) of the Sign Ordinance. DECISION Motion by Bill Stuono, seconded by Mark Behr, to approve Design Review Application #DR-12-07 of All Seasons Dental: Tim Barritt— yea nay abstain not present Mark Behr — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller — yea nay abstain not present Michael Sirotkin — yea nay abstain not present Bill Stuono — yea nay abstain not present The motion failed by a vote of 0 — 5 — 0. The application is denied. Signed this 12th day of March 2013, by Digitally signed by Mark C. Behr Mark C Behr em =Mark C. Behr, o, emaitil=mark@rhbpc.com,c=US Date: 2013.03.12 16:21:25-04'00' Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\DR 12 07 165Dorset AIISeasonsDental ffd.doc4 notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermont*udiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\DR 12 07 165Dorset AIISeasonsDental ffd.doc5