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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-10/14/2003 (2) city Of Texas AGENDA SIGN BOARD OF APPEALS City Hall - 5400 Bransford Road Tuesday,October14,2003 REGULAR MEETING: 7:30 P.M. CALL TO ORDER Chairman ROLL CALL Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Ed Moore, Pat Davis AGENDA ITEMS 1. Consideration of Rules of Procedure 2. Case G-03-033 - PUBLIC HEARING - A request by lifeTime Fitness Center for a variance from Chapter 7 -Sign Regulations of the Colleyville Land Development Code at 1221 Church Street ADJOURNMENT I certify that this agenda was posted on the Bulletin Board at City Hall on Friday, October 10, 2003 at 4:30 a.m. ~~~~ Sign Board of Appeals Agenda October 14, 2003 Page 1 of 1 .$ 1"e",aS SIGN BOARD of APPEALS AGENDA BRIEFING Agenda Date: Subject: October 14, 2003 Consideration of Adopting Rules of Procedure for the Sign Board of Appeals BackQround The ordinance creating the Sign Board of Appeals requires the Board to adopt Rules of Procedure. The purposes of establishing Rules of Procedure are twofold. First, they ensure consistency in handling cases brought before the Board by establishing ground rules for the presentation of testimony. Secondly, they provide information for the public to use for making their presentations before the Board. The attached document has been drafted using language taken from the Rules of PI ucedure of the Zoning Board of Adjustment, but With slight language modifications where appropriate due to the reference to the sign regulations instead of zoning regulations. It is appropriate to have discussion regarding these Rules of Procedure and for the Board to take action by approving the rules with any modifications proposed by the Board. Recommendation Approval Prepared by ~.,.r. M. Barry LeB ron, AICP - Development Director Agenda Item No. 1 - Page 1 Rules of Procedure City of Colleyyille - Siqn Board of Appeal SIGN BOARD OF APPEALS RULES OF PROCEDURE I. ORGANIZATION AND OFFICERS 101. Orqanization The Sign Board of Appeals shall be established by ordinance and shall consist of five (5) members and two (2) alternates each to be appointed by the City Council. The term of office of said members and alternates shall be two (2) years, or until a successor is appointed. Three (3) members of the Board and one (1) alternate member shall be selected in even number years and two members and one (1) alternate member in odd number years. In the event of a vacancy, the Council shall appoint a member to serve for the unexpired term. Alternate Board members shall serve in the absence of regular members. The sign Board of Appeals shall consist of the same members and officers as the Zoning Board of Adjustment. 102. Officers The Sign Board of Appeals shall consist of the same officers as the Zoning Board of Adjustment. The city's chief executive officer shall designate his representative to serve the Board as Executive Secretary. 103. Duties A. The Chairman, or in his absence the Vice-Chairman, shall preside at all meetings and shall decide all points of order or procedure. B. The Executive Secretary shall be custodian of the minutes and other official records, shall attend to the correspondence of the Board, and shall cause to be given such notices as are required and in the manner prescribed by law. 104. Rules of Order Roberts Rules of Order, latest revision, are hereby adopted and said rules shall govern the procedures of the Board unless otherwise provided for by statute, ordinance or these rules. 105. Authority of the Siqn Board of Appeals The authority of the Sign Board of Appeals is established by the Colleyville Land Development Code and is repeated in these Rules of Procedure for point of information. The Sign Board of Appeals shall have the authority to hear and decide on requests for a variance from the requirements contained in Chapter 7 - Sign Regulations of the Land Development Code The Sign Board of Appeals shall also have the authority to hear and decide an appeal of an administrative decision on a regulation contained in Chapter 7 - Sign Regulations of the Land Development Code. The authority shall be applicable to a definition contained in Chapter 2 - Definitions of the Land Development Code required for the administration and enforcement of the provisions of Chapter 7 - Sign Regulations. Rules of Procedure City of Colleyville - Siqn Board of Appeal II. MEETINGS 201. Quorum A quorum shall consist of four members. If a regular member is absent, the senior alternate will fill the position. If two regular members are absent, the second alternate will fill in as a regular member. Prior to the opening of the public hearing on the first application request being considered, the Board shall indicate the voting members to the audience by show of hands. Any regular or alternate member arriving after the opening of a public hearing shall not make motions, seconds or vote on the agenda item being considered, but may participate in the discussion. 202. Aqenda An agenda shall be prepared by the Executive Secretary for each meeting of the Sign Board of Appeals. The agenda shall include appeals and other matters scheduled for consideration by the Board. A copy of the agenda shall be posted in the City Hall seventy- two hours prior to the meeting as required by the Texas Open Meetings law. The agenda packets shall include all materials available pertaining to items on the agenda. 203. Meetmqs Regular meetings shall be held on the 2nd Tuesday of each month at 7:00 p.m. at City Hall, unless otherwise provided for by the Board, or unless no application has been scheduled for consideration by the Board. 203. Special Meetinqs Special meetings for any purpose may be held on the call of the Chairman. All meetings shall be open to the public. 205. Public Meetinqs All meetings shall be held in full compliance with the provisions of state law, the City of Colleyville Land Development Code and these Rules of Procedure. Any party in interest may appear in his own behalf or be represented by councilor agent. III. OFFICIAL RECORDS 301. Definition The official records shall include these rules and regulations, and minutes of the Sign Board of Appeals together with all findings, decisions, and other official actions. Stenographic notes of the Recording Secretary and tape recordings of proceedings and discussions shall constitute the official record of the Board. 302. Recordinq of Vote The minutes of the Sign Board of Appeals' proceedings shall show the vote of each member on each decision of the Board, or if absent or failing to vote shall indicate that fact. 2 Rules of Procedure City of Collevville - Siqn Board of Appeal 303. Notice of Decision Written notice of all decisions of the Board shall be sent to the petitioner by regular mail within 10 days. 304. Files-Retention All requests for action and other matters coming before the Board shall be filed in the city's records. Original papers of all applications shall be retained along with other special matters as required by state law for permanent record. 305. Public Record The official record, applications accepted for filing, and other matters presented to the Board in regular or special meeting shall be on file in the City Hall and shall be open to public inspection during customary working hours. W. APPEAL PROCEDURES 401. Review of Decision The decision by the Sign Board of Appeals shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Board. The enforcement official shall re-notify all property owners lying within two hundred (200) feet of the area being considered and place the applicant's appeal request on the next available agenda for consideration by the City Council. 402. Refusal Required No application shall be taken to the Board until and unless the Enforcing Officer has first refused a permit for plans submitted or has rendered an interpretation of the City of Colleyville Land Development Code. When needed and at the Chairman's request, the City Manager and/or appointed official shall be present at the public hearing. The Board may consider a waiver of this requirement when the Board determines that the cost of such plans would be an unnecessary burden. 403. Application Requirements Every request for action by the Board shall be filed on application forms provided by the City, shall be accompanied by the prescribed non-refundable fee, and shall be complete in all respects before being accepted for filing. The application shall bear the signature of the owner of the property under appeal or shall be accompanied by a letter from the owner acknowledging the application submittal. An incomplete application or a communication purporting to be an application and not made in the form prescribed shall be regarded only as a notice of intent to file application, and shall not be considered or acted upon by the Ro::!rrl 404. Guidelines for Application Every application shall be prepared by the applicant according to the guidelines continued in the Appendices for the type of appeals by statutes or ordinances. Where two or more different types of appeals are included in the same application, each set of guidelines shall apply. 3 Rules of Procedure City of Colleyyille - Siqn Board of Appeal 405. FilinQ Deadline Every application shall be filed with the Executive Secretary of the Board no less than twenty (20) days prior to the scheduled meeting date of the Board. Applications filed after the deadline shall be scheduled for the next regular meeting. When the filing deadline falls on a city holiday the following workday shall be observed as the filing deadline. Upon receipt of an application filed prior to the filing deadline, the administrative official shall place the application on the agenda for consideration by the Board. 406. Notice A. Public notice of any application affecting a specific property shall be given as prescribed in the Land Development Code by means of a written notice deposited in the United states Mail, postage prepaid, not less than fifteen (15) days prior to the date of the scheduled hearing. The notice shall identify the applicant, the location of the property in question, the nature of the request, and the applicable requirements. B. All property owners within two hundred (200) feet of the property seeking the application shall be notified. 407. Submission of Evidence Evidence supporting the grant or denial of an appeal shall be submitted only through the Executive Secretary or to the Board in public meeting. 408. Withdrawal of Appeal Any application may be withdrawn upon written notice to the Executive Secretary; but no application shall be withdrawn after giving of public notice and prior to the Board action thereon without formal consent of the Board. 409. Expiration of Time In each decision of application, the Sign Board of Appeals will include a specific expiration time for compliance. v. HEARING AND DECISIONS 501. Public Hearinqs Hearings on all matters on which a decision of the Sign Board of Appeals is required by law shall be open to the public. The applicant may appear in his own behalf or be represented by counselor agent. 502. Order of Business The Chairman shall call the Sign Board of Appeals to order and the Executive Secretary shall record the members present and absent. The Chairman shall publicly advise those present of the procedures followed in the hearing and disposition of applications; he shall call each application and shall announce the name of the applicant, the location of the property involved, and the nature of the request. Each case may be taken under advisement until all have been heard. 4 Rules of Procedure City of Colleyville - Sian Board of Appeal 503. Procedure for Hearinq A The Chairman shall ask staff to outline the applicant's request, advise the Board of any communications received and present copies of any supporting evidence for or against each case. B. The Chairman shall open the public hearing and call upon the applicant to present his request and all supporting evidence. C. The Chairman shall then call on those to speak who support the application. D. The Chairman shall then call on those opposed to the application to speak or those who may have questions. E. The applicant shall be given opportunity to respond to arguments presented by the opposition. Following the rebuttal, the Chairman shall order the hearing closed. F. The Chairman shall ask for discussion from members of the Board or a motion for action. The Chairman or any member of the Board may direct a question to the applicant, to any person speaking or to staff in order to obtain relevant facts, circumstances or conditions affecting the applicant's request. G. During the public hearing, all parties shall be given equal opportunity to speak without interruption. Only testimony presented at the speaker's stand shall be entered into the public record. Questions or arguments between individuals seated in the audience will not be permitted or entered into the public record. H. The Board may defer action on an application for which the applicant fails to appear unless the applicant has requested the Board act without his being present at the hearing; provided however, the Board may hear those persons appearing in response to the notice of hearing. 504. Disposition of Appeals After each application has been heard, the Sign Board of Appeals may approve, approve with modifications, or deny an application. In approving a request, the Board may impose such conditions as appropriate. The Board may also defer action on any application whenever it determines that additional evidence is needed or that alternate solutions require further study. An application may be dismissed when the Board finds that the application has been improperly filed or upon notification by the Enforcing Officer that permits have been issued for a sign, which conforms to the regulations. 505. Vote Required Th~ ~ffirm~tilll'> 1I0t~ of fOllr ml'>mhl'>rc:: ",h~11 hI'> nE'CE'ssary to <lpprOIlE', or to appro\le conditionally, any matter before the Board. Any motion in favor of an applicant failinq to receive a second or four affirmative votes shall be considered a denial, unless a subsequent motion is offered and approved. When an application fails to receive a second or four affirmative votes, the Executive Secretary shall record in the minutes an entry stating that the application was denied. 5 Rules of Procedure City of Colleyyille - Sian Board of Appeal 506. Appeal to the City Council The decision of the Sign Board of Appeals shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of action by the Board. The enforcement official shall re-notify all property owners lying within two hundred (200) feet of the area being considered and place the applicant's appeal request on the next available agenda for consideration by the City Council. VI. CERTIFICATION AND AMENDMENTS 601. Certified COpy A certified copy of these Rules and Regulations and of .any amendments thereto will be placed on record in the office of the City Secretary within ten days following the day of adoption. 602. Repealinq Clause All previously adopted rules and regulations of the Board shall be and the same are hereby expressly repealed. 603. Amendment Procedure Amendments to these Rules and Regulations may be made by the Board at any meeting, upon the affirmative vote of four members. ADOPTED: ATTESTED: This day of October, 2003 Chairman Board Secretary Filed in the Office of the City Secretary this day of , 2003. City Secretary City of Colleyville, Texas 6 .@ Texas SIGN BOARD of APPEALS AGENDA BRIEFING Agenda Date: Subject: October 14, 2003 A request by lifeTime Fitness Center for a variance from Chapter 7 -Sign Regulations of the Colleyville Land Development Code at 1221 Church Street, Case G-03-033 Variance Reauest Summary Life Time Fitness has submitted a building permit application to construct a 110,000 square foot facility in the Town Centre Development, located at the southeast corner of State Highway 26 and Hall-Johnson Road. The building site is situated near the intersection of Church Street and State Highway 26 and will face towards Riverwalk Drive to the east, with the rear of the building facing Colleyville Boulevard. The facility should begin construction within the next thirty days. However, due to the overall size of the structure, the owner is requesting a variance from the sign regulations to allow signs which exceed the height, but not the overall size, of the sign regulations. A copy of the current wall sign regulations is attached as Exhibit A. Jeff Melby, representing Life Time Fitness, has submitted a request for a variance from Chapter 7 - Sign Regulations, of the Colleyville Land Development Code. The applicant is proposing construction of three wall signs that do not meet the current sign regulations. This agenda item includes the variance request for each of the three wall signs. The three wall signs exceed the maximum sign height and one of the signs is proposed for illumination in a location currently not permitted under the sign regulations. Each of the three signs and the requested variance is described below. Siqn Number 1 This sign is proposed for the front fa<;ade of the building facing Riverwalk Drive. The applicant proposes to construct a 170 s.f. wall sign on the front of the building, which faces Riverwalk Drive. The proposed sign exceeds the six-foot maximum height allowed under the current regulations. The applicant proposes a sign eight feet in height at this location. The overall area of the sign is within limits allowed by the sign code. The maximum area of a wall sign allowed by the sign regulations is the product of two times the linear width of the wall to which the sign is attached. The building fa<;ade is 355 feet in length, which would allow a sign of 710 square feet on this fa<;ade. The applicant's proposed sign is 170 l';qll~rA Thil'; il'; thA only l';ign on thA f~yadA facing RivArw::llk nriVA ThA ::Ipplir.::Int il'; requestinQ a variance to allow the eiQht-foot siqn heiqht. Siqn Number 2 This sign is proposed for the rear fa<;ade of the building, which abuts the commercial area facing State Highway 26. The applicant proposes to construct a 170 s.t. wall sign on the rear fa<;ade of the building and to illuminate the sign, but the proposed sign exceeds the six Agenda Item No. 2 - Page 1 foot maximum height allowed under the current regulations and current regulations prohibit illumination of signs on the rear of a structure. The applicant proposes a sign eight feet in height at this location. The building far;:ade facing State Highway 26 is approximately 400 feet in length, which would allow a sign of 800 square feet in area. The height of the structure exceeds the height of the commercial structures facing State Highway 26 and illumination for this sign is necessary on the rear of the building to allow advertising attraction along Colleyville Boulevard. This is the only sign on the far;:ade facing Colleyville Boulevard. The applicant is requesting a variance to allow the eight-foot sign height and to allow illumination of this sign. Siqn Number 3 This sign is proposed for the side far;:ade of the building, which faces Church Street. The applicant proposes to construct a 120 s.f. wall sign on the side far;:ade of the building, but the proposed sign exceeds the six foot maximum height allowed under the current regulations. The applicant proposes a sign seven feet in height at this location. The building far;:ade facing Church Street is approximately 197 feet in length, which would allow a sign of 394 square f-eet in area. This is the only sigll 011 tile fa~ade Fdl,;ilIY ChUldl Street. The applicant is requesting a variance to allow the seven-foot sign height. Analvsis The current sign regulations have been under review for revision by the City Council for the past several months. While it is anticipated that the proposed revisions to the sign regulations will be considered within the next sixty days, there are no changes being proposed to the overall sign height for wall signs. However, heights and sizes for wall signs is not only a visibility concern, but often one of proportionally. From a building size perspective, the Life Time Fitness facility will unquestionably become the largest structure in Colleyville. It is doubtful whether a traveling motorist will find the extra sign height aesthetically objectionable, but rather pleasing in terms of advertising recognition. Regarding the illumination of the sign on the rear of the building, it is probably reasonable to assume that the drafters of the sign regulations could have anticipated a building being situated in such a way that the rear of the building would need nighttime advertising along State Highway 26. Staff notified all the adjacent properties regarding this sign variance. No comments have been received regarding this variance request. The staff recommendation is based on the information available at the time this agenda briefing was prepared. Any additional information presented during public hearing testimony on this agenda item may alter any final staff recommendation. Accordinq to Land Development Code, the decision of the Sign Board of Appeals is final. However, the applicant may appeal a decision of the Board to the City Council within ten days of the date of the decision of the Board. Agenda Item No. 2 - Page 2 Recommendation Approval of variance reque} Prepared by ~ tM4 ,., 13.. - -- M. Barry LeBaron, AICP - Development Director Attachments · Exhibit A - copy of wall sign regulations · Exhibit B - Building fac;:ade plan with proposed wall signs · List of property owners notified of variance request Agenda Item No. 2 - Page 3 Exhibit A Current Wall Sign Regulations Note: This excerpt is taken from Chapter 7 of the Colleyville Land Development Code regarding wall signs. The sentences applicable to this variance request have been highlighted in bold. Wall Signs. The maximum gross surface area of a wall sign shall be 40 square feet or the product of two times the lineal width of the wall on which such signs are located, whichever is greater. Wall signs shall not have a vertical height of more than six feet, nor exceed 75% of the width of the wall area to which it is attached. Vertical clearance shall be subject to the requirements of paragraphs hand i of this Section. Wall signs shall not extend above the wall to which they are attached. Where two or more wall signs are installed in a single wall area, the gross surface area may not t:xGt:t:d 40 square feet or the product of two times rhe Imeal wlOth ot the wall on which the signs are located, whichever is greater. Such signs shall not be arranged as to have a vertical height of more than six feet. The combination of the sign widths, when placed side by side, shall not exceed 75% of the width of the wall area to which they are attached. General business wall signs must be located over the premises which they advertise. Wall signs may be illuminated; provided, however, illuminated wall signs on rear building facades are prohibited. Agenda Item No. 2 - Page 4