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Home My WebLink AboutCity Council-Agenda Packets-9/14/2004 cc.~ "exaS AGENDA SIGN BOARD OF APPEALS City Hall Council Chambers -100 Main Street Tuesday, September 14,2004 REGULAR MEETING 7:00 P.M. CALL TO ORDER Chairman Dee McNosky ROLL CALL Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Ed Moore, Pat Davis APPROVAL OF MINUTES February 10, 2004 AGENDA ITEMS 1. Case G-04-019 - PUBLIC HEARING - Request by Guest Monticello Partners Ltd. for a variance from the Sign Regulations regarding a monument sign on Lot 5, Block 2, Towne Square Addition, located at 1205 Hall Johnson Road 2. Case G-04-022 - PUBLIC HEARING - Request by Jesse Schroeder for a variance from the Sign Regulations regarding a monument sign on Lot 2R, Block 2, Towne Square Addition, located at 5708 Colleyville Boulevard CITIZEN COMMENTS ADJOURNMENT Posted: Friday, September 10,2004,4:30 p.m. Clayton Husband AICP Development Coordinator Sign Board of Appeals Agenda - September 14, 2004 Page 1 of 1 SIGN BOARD OF APPEAL MINUTES OF MEETING - FEBRUARY 10, 2004 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:15 p.m. on February 10, 2004. Staff: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Ed Moore Barry LeBaron, Clayton Husband, Jan Levy Roll Call Present: Approval of Minutes October 14,2003 Board Member Reynolds moved to approve the minutes as written. Board Member Larry Henry seconded the motion. The motion was passed by acclamation. Aaenda Items The five voting members for the items on the agenda are: Board Members Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, and Larry Henry. 1. Case G-04-003 - PUBLIC HEARING - A request of Goodacre Limited Partnership for a variance from Chapter 7 -Sign Regulations of the Colleyville Land Development Code regarding a Development Sign on Lot 1X, Block G and Lot 1X, Block H, Westmont Addition. Mr. Barry LeBaron presented the case to the board members and reviewed the staff briefing. Mr. David Bagwell was present to represent the case. He spoke about the role of a development sign and the ability to conduct business. He compared the development sign to shopping retail and said the customer usually doesn't want a sales clerk help until after looking around the story. He said the community gains from home sales. Mr. Bagwell said he is proposing to place attractive signs that are relatively demure in size and will remove other signs in the subdivision. He said he is not aware of any citizens contacting the city or him with negative comments about signs so it would seem that there is no harm being done. Board Member Butch Bercher asked when Westmont started to be constructed and asked for a information about what signs will be removed. Mr. Bagwell responded that the lot draw for Westmont was in the fall of 2000, prior to September 11th, 2001. He said that the economy significantly changed after September 11, 2001 especially in the purchase of luxury home lots in the price range of Westmont. He explained where the current development sign is located and said it would be removed if he is able to place development signs in the location he's requested. Sign Board of Appeals Minutes - February 10, 2004 Page 1 of 3 Chairman Dee McNosky opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Board Member Skip Reynolds asked questions about the number of lots left to sell and who the targeted market is. Mr. David Bagwell responded that they prefer to sell to the approved builders that can meet the development standards, but they will sell a lot to an individual if they will agree to use a builder from the developer's approved builders list. He said they have 20 lots left in the Estates ofWestmont and 16 lots left in the Benedict Hill portion. Board Member Reynolds talked about signs that deteriorate and he is concerned about a commitment to keep the sign nice. Mr. Bagwell said that his stock and trade demonstrates a record of quality development and he strives for excellence. Board Member Ed Moore questioned the time limit Mr. Bagwell requested. Mr. David Bagwell and the board members entered into discussion about not wanting to set a precedence and may be more inclined to set the time limit in smaller increments than the five years requested so that they would have the authority to review the status of the need for the signs and the condition of the signs. Mr. David Bagwell said he is in a dilemma of not being able to communicate to the public without a sign. Chairman McNosky said that the Sign Board of Appeals is charged with the mission of preventing sign pollution in the City of Colleyville. They entered into discussion about other ways to market the subdivisions. Board Member Rich Munson said he is inclined to grant a twelve month time frame for the development signs. Board Member Skip Reynolds moved to grant the request with a 24 month time limit from the date the request is granted and to leave the sign up within the 24 months until the developer sells every lot. He said the City can't collect tax until homes are built and it is important to encourage and assist a quality developer to market his subdivision. Board Member Butch Bercher seconded the motion. Board Member Larry Henry added a friendly amendment that a statement be added to the motion that says, "Or until 30 days after the last lot is sold, the sign would be removed." The members making and seconding the motion accepted that amendment. Board Member Rich Munson said he could not go with a 24 month time limit, and he wants a 12 month time limit. Chairman McNosky asked staff if the applicant would have to make an application and pay a fee every time he wanted to extend the time limit. Barry LeBaron said an application would be submitted and fees collected each time because there are costs associated with notifying the public of the request. Chairman McNosky called for the vote. The vote being: Ayes: Reynolds, Bercher, McNosky, Henry Noes: Munson Sign Board of Appeals Minutes - February 10, 2004 Page 2 of 3 2. Case G-04-004 - PUBLIC HEARING - A request of Keswick Partnership for a variance from Chapter 7 -Sign Regulations of the Colleyville Land Development Code regarding a Development Sign on Lot 1, Block F, Leyton Grove Addition, 2111 Leyton Grove Lane. Mr. Barry LeBaron presented the case to the board members and reviewed the staff briefing. Mr. David Bagwell, the developer of Leyton Grove Addition, was present to represent the case. He said out of 48 lots he had 10 lots left for sale. He told the Board that the lot drawing for Leyton Grove was in January 2000 and the existing sign will be replaced and the new development sign will be placed at the same location. Board Member Rich Munson told Mr. Bagwell that if an extension is granted, he would like to be provided with photographs of the sign to make sure the sign is in good condition. He said that way if a time limit of 12 months is placed on the development sign, they would be assured that the signs are kept in good condition. Chairman McNosky opened the public hearing. There was no one wishing to speak, and the public hearing was closed. Board Member Rich Munson moved to approve the request with the time limitation of 12 months, the developer will provide photographs of the existing sign if he needs to extend the time limitation and the provision that at 90% build out the sign removed 30 days after that occurs. There was no second to the motion. Board Member Skip Reynolds moved to approve the development sign for 24 months and if all lots sell within the 24 month period, the sign will be removed within 30 days of closing on the last lot. Board Member Butch Bercher seconded the motion. The vote being: Ayes: Reynolds, Bercher, McNosky, Henry Noes: Munson CITIZEN COMMENTS There was none. ADJOURNMENT The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 8:00 p.m. Respectfully Submitted, Clayton Husband AICP, Development Coordinator Approved on: Note: As a matter of public record, an audio recording of this Sign Board of Appeals meeting is available upon request. Sign Board of Appeals Minutes - February 10, 2004 Page 3 of 3 .~ T"ex8s SIGN BOARD OF APPEALS AGENDA BRIEFING Agenda Date: Subject: September 14, 2004 G-04-019 - Request by Guest Monticello Partners Ltd. for a variance from the Sign Regulations regarding a monument sign on Lot 5, Block 2, Towne Square Addition, located at 1205 Hall Johnson Road SUMMARY & COMMENT Jimmy Archie, representing Guest Monticello Partners, has submitted a request for a variance from the sign regulations regarding a monument sign for an office development. The proposed monument sign will be located at 1205 Hall Johnson Road, between Colleyville Boulevard and Bogart Drive. The variance relates to whether the proposed sign may advertise businesses that are not located on the same lot as the sign. The proposed sign structure meets the requirements of the sign regulations related to size, height, and location. The sign structure may be constructed at the proposed location without a variance. However, the sign regulations do not allow the sign to advertise businesses not located on the same lot. The following is a copy of the applicable regulations regarding this variance request. Section 7-150 A. General Business Siqns - A general business sign is allowed to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located. A general business sign may provide advertising for a single or multi-tenant occupancy. Section 7-215 A. Off-Premises Siqns - Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. The applicant proposes to use the sign to advertise the businesses located in the Tivoli Office Park, generally located on the west side of Hall Johnson Road, south of Bogart Drive. There are four lots in the development that would be eligible to advertise on the sign. One of the lots does not have street frontage on Hall Johnson Road, and that lot will eventually have two buildings located on the property. Staff is of the opinion that the request is reasonable and generally consistent with the intent of the sign regulations. which is to provide signage for the overall development. 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. Agenda Item No.1 - Page 1 According 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. Staff notified nine adjacent property owners regarding the sign variance. No comments have been received regarding this variance request. RECOMMENDATION Approval as requested, subject to any conditions required by the Board ATTACHMENTS · Variance Application · Location Map · Information from Applicant · List of Property Owners Notified Prepared by: Clayton Husband AICP Development Coordinator Agenda Item No.1 - Page 2 cc6n~ l"ex.. SIGN BOARD OF APPEALS APPLICATION FOR SIGN VARIANCE City of Colleyville 100 Main Street Colleyville TX 76034 817.503.1050 APPLICANT. PROPERTY OWNER INFORMATION . APPLICANT Gve.si mOlt./;tello PCl-rfners Lief... Telephone No. BI7-tffJ8-CfLoo Fax No. 8/7-t{2J/-~t{l/8 ---"--1--- ---......-....--.-..---.--.-.----..- .-.-..-.--..-................-.-...-.-..................................... Address .9~ Vt'f/(Jtf1L LtUlf.- 6vt'l-e... Joo -----d----I------.--.-----.-.---.--.----..--.-...-...-.-..-.......-..-..-.-.-.--...----...-..---.-.--...... City ____~ol(~v/ tie. State IX. ___ Zip COde_7..~9.9._'l Applicant's Status: (check one) lYC)wner 0 Representative 0 Tenant . PROPERTY OWNER SCkIV\ L ~ a...boif'JL- Telephone No. Fax No. Address CitY ________.__ Ownership Status: (check one) ~ ____ State _._.___________ Zip Code o Individual 0 Trust {l(Partnership 0 Corporation plicant Signature '11 "1.-BlocI Date '1/~8/or Date e pro owner must sign the application or submit a notarized letter of authoriza n. Please initial the acknowledgments on the second page before signing this application. Street Address or Location mol, ~_t!.P/>,,~_-,;-_..&K. _..::le3_~!.-I'~.!..-?-:.-Q!-t:.--l.~-?!'l---~IL::Ji!.~~'!~~l Legal Description Lot, .5"""1 131oc...t:.. .:z 7OtJl'le... ~vare.... _____.___________.____ Present Zoning___P_U12::..._~_________.___ Present Land Use _Qffi~___~~-.:...------.--.---m Status of Project: 0 Proposed 0 Under Construction Ul"'Existing Have you applied for a sign permit? tifYes 0 No Have you applied for a variance on this property before? 0 Yes GtNo SIGN BOARD OF APPEALS OFFICIAL USE ONLY Case Number 01,,\ __~_::-~.~_:_~_______ Hearing Date _ \4: ~~~_~~ o Approved 0 Approved with Conditions 0 Denied Action Conditions Sign Board of Appeals Chair Attest: Sign Board of Appeals Secretary SIGN BOARD OF APPEALS APPLICATION PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to outline fully the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. 1. Completely describe the variance you are requesting. J~j~_ o.!:"~ ~_~~~j-~~___~__?(,J.:::~/~S.~t21"'\ r_--f to..ce. ~.'n~ :""'-~S of'___J~4.s____~_~____~__m_p-!.:_9J_~__~f::)I'}~'?'l~;f _-.6~~n-__ ~t__J;ry _1'"10* ~ ~4__j~~+~_~~_.__~____~~~~ \ot .(k"&_.t~(2.. _~+IS buSI'f\!t.SS., ~"'-'utU'" I ~~{l. ~___t~~_____~_fe-(~<?:o_~~~___._~__~~tb_~__m__ bv'b~ l".e..-SS f~('" '(.. -\-lA+" ......,;tl... 0, e'~ a~-_-.--~:--.-~J~~-.~_.-~n:~l~-t--(;.Qtt:Jt,..f. 2. What unique conditions exist in the area that make a variance necessary? Or\~_~.:f_~__ l,ob____f_~___.__._ ~ o{t?lCL ~l("" (.. d..of.S Y\P~ ~v.1L- 6t-r ~ ,F ron.~~__Q"l~_Cr__1t~n_.~<?b.~s __~J- ~ . +ko~ bv~'{&.-~~ o-x<- ['of- \J0s1 b!~ R-oVV3 __ \+~_\L__~_h,~.on ___~_~__~n..1.4-r)~r\ti\i..t.r 6v..lcJ...'~ .s1~~S _ ("\or _ dr~~--~'~~f!-h~--. c..J/11 _____.i?.~_ VI ~ I' b /.e... _ -A-o ~ __f/-t.. ____r!Y'-tZl^-:._--.thEvr C!.'::J.-b.&~L____._.__._______.mm____m_ m ... 3. Is there any way to do what you want without this request? No, ..+-~~_~s.:,",LSS'L~___t~::t..___~~:_!.~_.._.f?ffi~~ ___~~___l~-T_J h.o..v~ V\.<) 6.h-e.e--t _+='~~.L 9r-_\-\_~~~__=~h.!:\s:~r.:L_g~~.~!,~ _m~~~_C::___~~i&..J~____.<),< ~__ n ~t"--~~~~~~-ij::b~~!:~--\-..-.~!:~(~~... <?K.u'.. ~ ~~-t:::- bu~.d~~_~~~C_~.. -l.'t ",.." Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or will be fully prepared to present the above proposal at the Sign Board of Appeals hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall constitute a denial. I understand that the decision of the Board shall be final, unless I submit a written notice of appeal within ten (10) days from the date of the action by the Board, at which time, after required notification of public hearing, the appeal request will be placed on the next available City Council agenda for consideration. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. Applicant's Initials Date 1(2~/o~ ru,_vu.-h;"Q f-k.e- t:tbr-/t'(; Iv ~!,.rhse. tAIl bv.$/"tfse.s r oJ . _ I J I '"'/ be- ~~/.-?~ fJ/II.. Lo-h '" 5; &:., .; 7 opt ~ 'DrO{Lvr SIjAI L..I/1.."C-~ 4.); 1/ ~"t/ r v cv - 4xx (DECEMBER 2003) 01-1.. Lor s-. I understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property, and that the Sign Board of Appeals action does not constitute the approval of a sign permit. APPLICATION FOR SIGN VARIANCE i= ..t :!--- . ~ . 'i............ eKJ >IlV MCJ3^lc __ ----- ~.:.~~.~.~. ~ .;~~. -~ -j:.o.- -< ~)~ _ J!f.. d) ~ _ c4 "t.-rf.. 00 ~~ ~~ tP ............. ~ ~ j co :% C! % ~ D " j .( ~ C"oI ..... 5 ~ ~ 1 ':i.. ~.\'" --~ ~ -Z'" / ~ ~/ (;) Y1 / I I '-, l= 7' L v/')~~ ~ \ \ c ~ 00'"'" \ '--" n::""""'-,, :- ..,:? Li, ~5J ~ if' ~d' ..-z.., \ \ \ .~ L-\..~ / / :L o :L <( ") o tr I / I / _.- Ii: UJO/ -~/ -,/ " --...... " J ."""'<lIt '\ f'l') , .... t\L ... "\N j' .....\......,.. l); ~ "\ n " ......... co '\' \ \ !~..... '; ..i".... y t 'r. I"~. . ~ " -I 0) /' 'It "',A... 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() vi ~ rJ a ....... <.0 -..J ~ G ~ ~ O~ \.() Q:: ~8 I "'C "Z ,t h "Ot :9-L 6-04-019 People's Realty Ltd. 2875 Exchange Blvd Southlake TX 76092 Wyndham Investment Property Inc 751 E Southlake Blvd Ste 130 Southlake TX 76092 JNS Land Family PO Box 1948 Colleyville TX 76034 Guest Monticello Partners Ltd. 32 Village Ln Suite 200 Colleyville TX 76034 GWJ Co Inc 1100 Fountain Pkwy Grand Prairie TX 75050 Marchall, 0 Michael etux Donna 5707 Hidden Oaks Dr Colleyville TX 76034 Umlor, Steven H etux Gretchen 5801 Hidden Oaks Dr Colleyville TX 76034 Hoch, Jeanne M etvir James A 5709 Hidden Oaks Dr Colleyville TX 76034 Lunsford, Garry L etux Janet S 5705 Hidden Oaks Dr Colleyville TX 76034 Case G-04-019. Notices dated August 23,2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed variance request are listed above. I certify that the parties listed above have been notified ofthe proposed variance request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP .~ Texas SIGN BOARD OF APPEALS AGENDA BRIEFING Agenda Date: Subject: September 14,2004 G-04-022 - Request by Jesse Schroeder for a variance from the Sign Regulations regarding a monument sign on Lot 2R, Block 2, Towne Square Addition, located at 5708 Colleyville Boulevard SUMMARY & COMMENT Jess Schroeder has submitted a request for a variance from the sign regulations regarding an off-site monument sign for an office development. The proposed monument sign will be located at 5708 Colleyville Boulevard, at the southwest corner of Hall Johnson Road. On July 21, 1998, the City Council approved a zoning change to PUD-C for a development called Tivoli, which has since started developing as an office park. One ofthe conditions of the PUD-C for the development was the allowance to place a monument sign at the corner of Hall Johnson Road and Colleyville Boulevard. In addition, the location and other design factors related to the sign have to be reviewed by the Sign Board of Appeals and the City Council. The variance request relates to two items. The first is whether the proposed sign may advertise businesses that are not located on the same lot as the sign. The second is that the design of the sign does not meet all the requirements for general business signs. These items are explained in detail below. Off Site Sign. Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. The proposed sign intends to advertise for Schroeder Orthodontics and other tenants in the Tivoli Office Park, which is similar to the previous request on the agenda. The sign would be located on the lot located at the southwest corner of Hall Johnson Road and Colleyville Boulevard. There is an existing dental and medical office located on this property. The contract of sale for this property included a condition that would allow the off-site sign to be constructed on the property. Though not part of the contract, the approval of the sign also subject to City approval. Design Requirements. The applicant submitted a drawing of the proposed monument sign. The sign meets the requirements for height and width. The sign does not meet the requirement to provide a base and columns on the structure. All monument signs must meet the following criteria: Agenda Item No.2 - Page 1 14 14' ~I T Max. ...-18" Structure size column Co each end 112 s. f. 18" 1~ . base ~ General Business Sign with columns & base All monument signs must have an 18-inch base and 18-inch columns. The maximum allowed size of the structure is 112 square feet, which includes the base and columns. The sign proposed by the applicant is 90 square feet, and generally includes 18-inch columns on either side. The sign does not provide an 18-inch base. A picture of the proposed sign is shown below. Staff is of the opinion that the request is reasonable and generally consistent with the intent of the sign regulations, which is to provide signage for the overall development. 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. 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. According to Land Development Code, the decision of the Sign Board of Appeals is final. However, the City Council must also consider this request, since that is a condition of an approved PUD-C zoning ordinance. Agenda Item No.2 - Page 2 RECOMMENDATION Approval as requested, subject to any conditions required by the Board ATTACHMENTS · Variance Application · Location Map · Information from Applicant · List of Property Owners Notified Prepared by: Clayton Husband AICP Development Coordinator Agenda Item No.2 - Page 3 ,ECEIVE cceu~ l"exa8 SIGN BOARD OF APPE APPLICATION FOR SIGN VAR AN AUG 2 0 2004 . APPLICANT ~~E _______ Telephone No. ~Jl~I4.:~_~Sjax No. ~_~~_.~J1=~~() Address iZ OJ _JialL._JaiuJ.sM-U.--------------------.---mm-----------m.- ...mm.mm._ City ___~olley 1/,' L'~ ; State 1'/.______ Zip cOdeZIa_Q3_d___. Applicant's Status: (check one) )( Owner Cl Representative Cl Tenant . PROPERTY OWNER ~ TelePhoneNo~I7)51J./-6;;..'53 Fax No.(9[J).J5.1.1::-'2~3Q_m Address 5tLl11~--- City ________________________ Ownership Status: (check one) J( Individual Cl Trust ~-- - _ 8-/1-04- ~r;.;;;cant Signature Date State____________________ Zip Code Cl Partnership Cl Corporation ~er Signature ..: 8-ICf-()4 ~ Date PROPERTY INFORMATION The property owner must sign the application or submit a notarized letter of authorization. Please initial the acknowledgments on the second page before signing this application. &~~Md~~m~~oo ~_~~~-~-~~~-~_~a~-- Legal Description_-"(~_~t:. ~~ _~ \__~~ ?- jlzr z.~ . _(~}O'o _~~~~ J__________._______m______._ Present zoning_1?Q D__L__--:-c.---.---- Present Land Use _'\2U_O_-:_G_~E ~~IY_~_~__m Status of Project: Cl Proposed ~ Cl Under Construction )if Existing AU G 2' 0 2004 Have you applied for a sign permit? )4 Yes Cl No Per ............., Have you applied for a variance on this property before? Cl Yes )t No SIGN BOARD OF APPEALS OFFICIAL USE ONLY Case Number __~<?+ o'2t_____ Hearing Date Action Cl Approved Cl Approved with Conditions Cl Denied Conditions __._.___._____._..___~___.H._.__.~._.______._._.____.__..._._.__.__. ....._.H._.H.H.H.__...___.._._._.._...__....___ _....__._..._._.__._.H...___..___.__._H.H_H.__._.._~_.__.____~_.~.~.._....__....__~.~_.H..........m.........._.__...._........_. .........._...._._...._____........._...H..._._...._ . ........_..._m......._..._.._._.._._..____...._....._...._......H___.__..........._.....__...__.._.........._...____..._.....__.......-.----...-.....-.-.......---..--..-..--.-.......-......-.............--.-.-...... --_...__._-_...~-_._---_._------------_.._...._-_...._-_..-............--.......-.-....--...-....-....-.-.-...--.........-.....-..-...--...--...-- ....._.._..._._.___.._.._._.._.._.__.._.___.__.____._____.._______.____...____..._.__...___.__..._.___.__...._..._.._.._........._...____..__................._.H........__....._.__..._.....__ Sign Board of Appeals Chair Attest: Sign Board of Appeals Secretary ~ SIGN BOARD OF APPEALS APPLICATION PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to outline fully the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. 1. Completely describe the variance you are requesting. 'Ae --.8~ ~tl?ST1tJ6 _~W".Ab_'-E~1-bt . ~r~ crn~ \t-.l-r~\huJJy: ~~._~_.CNJRf;_~l~t1lf,lrrAW. w:_tL'-r:C~fbW%l~~-Ia-l\~ ~~ O:-~:11~_rNJil.!~:c~tJ'1~_~~lJ~t>{[..m..... ~_~ \t-l~@2V~~~.tEL5_~_.tt4__~_::i,.___.___m___m_____m 2. VVhat unique conditions exist in the area that make a variance necessary? ~~~tJ.__'tk~___ !:J;;~~~ A1lD \t\E: ~~~~Y-~_bt:h~m2_" ~rr~~~...b ~~ ~~~...l~ Pc. W~~_IWP<. ~_~ ~IESTAAT\f\E ~ _OE-A 9S-1~-IT._~D_.__ &J[liEg_~c:;~~_~_~_tf_.~__~__CITr_~k_.._m. 3. Is there any way to do. what you want without this request? l':b--}- ~_~ ~~_.___.__ _~~~\11E: ~~_n=.:_~~_!__________.m..m___m_.... . . ........__..__._....__....___.._....___.___.._.__...._.__.....__....___...._......____._______...._.__....___..._..._....____.________.___.__...._..._m__....__.............. .........._..........__._._.............. ......---.-.......-.....--.......--.........-...-....-.......--.---..-..---..--.----...-.--...-.....-......-..-..---...-....-.----..-...........--..-.-....-.--...---.---.-.-----.-.-.---........-..-.............-.--...........--.--.--......---......... Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or will be fully prepared to present the above proposal at the Sign Board of Appeals hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall constitute a denial. I understand that the decision of the Board shall be final, unless I submit a written notice of appeal within ten (10) days from the date of the action by the Board, at which time, after required notification of public hearing, the appeal request will be placed on the next available City Council agenda for consideration. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. I understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property, and that the Sign Board of Appeals action does not constitute the approval of a sign permit. Applicant's Inili~ Date 8-/9-04 APPLICATION FOR SIGN VARIANCE CV - 4xx (DECEMBER 2003) z. -~~ ... ;t :' AJ ' ; ; ,1/ .I / '" N Ot ;0 o ~ <:1/ .~ ; /1 >----- n" r g ~ - ~ ~ >- ." ""~-~ "'- ,., >,., ("')- N .jlo. -~ -i ;0 o S! (;< f1IDD~-N OAKS Df< , ;:::) / / :::: /1 ........ / .... ........ ,/ '......(. ../ ;" ............ ./ U< I N I , i . I · - ",kii.....iIi--.-~-.--.--.......J_.~--------- _._..J__": "" 0> I{:- '\\ ~ -...J 1-- - -----, "" ,! \'" ~ \,--1 (l) 1 '\ '& " \ ~ ',~ \ f'V\ 01\ ....... { ',~ , .......... ~ VI \.., \ ,,,\\\ .~- \, ," . . , ;" / (5 j ;' ;" 01 .jlo. U< :".Ii" g~ .Ii" o .Ii" -<\ 00 , \ \ va..... o:J o G ~ '" <...'" 00;0 ON ~ ~~ (;< -.-. o'~ ~ o ~J> 6'6> ~ / / c ::<: 77 \ \ \ to\ .z. r') o /~ \fl' - c~/ ~ /-- ~ ~ ~~ ~ c "' -~ ~) ~;~~~S'-J~)l ~ -~, ,.L. ~ ~ I ~~, ~ $ ..... '" , . , , -"-'--" JI/ -- "j ;" I ox )- r r t.I iD o 0 ~ 00 I '" ~ 0 ! 111 ~ o (3J ~~ ~(<\ 0(3J '1J0 -~ ~ y~ <P ('" (<\ ~ dl ;:.--. --o~ . y- ----~ .. .~~~~--:--:'.~.:..=--~-=..~-.... . - - RIVERViALK DR ..........." . = ;. -~ .............. t ::! , . -:. ~~"O" - ~' ~.?/r>, l'J..vo -" ~ oS;>; .s>V,.: Co~-?)- (0//1, C:<t>.<"' 'vQ <..:?-~ ~ :::l ST.-ib ::i 0 r+ (]) ::2: r+::i->- ill (j) ~ -"-. CD (j)- (j)Lj 0 ~co 0..07' (]) 1 ~(j)N --...-J ~ (") o z (") Al -0 {T\ ~ -< Al (T\ ^ 2- C) "" ~ ~~ ~~ 2~' '" (") o z (") ":Xl Vl {T\ -\ -\ Al '" {T\ (T\ -< :li: ,q' ~ YvII,4> lJ I, Vi) (700, (S/','t/'li: I f? 0 if: ) I:r/ G lfrb Yj/ -4 Y ;l> '-r s::", o t...)-o )> ;0 "':Zo UlO'U CIITI :u ::u < 0:< :Z~n OJ ~ "~ -'" :( 0 '0 ...s::l 0.. "'0 Q) -5 ~ f/) ro on l:: ...... z ""' Q) ~ :j:j (j) Q) I- - z "'0 L.U ~. 2: ::) ~ z f/) 0 ""' 2: 0 - \S) 0 u G u i= '" .t Z Z , f/) 0 0 N. ~ D i= ..-< 0 ""' <C Q) I >- ~ I- UJ l"IL -l S 0 UJ l"IL Q) L.U ~ D . .-< L.U - 0 ~ l"IL 0 I Q) U \S) ,.0 - - ..-< ~ b1 0 . .-< f/) Z ~ Q) "' ~ \n ~ l:: g 0 ::8 ~ 'r- Z % RECEIVED 0 u J AUG .2 0 2004 :::E ~ . Per ............. - ,/f,i; \ (s) .' t- t-~i z ~ ill I- Z w 2 ::l Z o :2 <J) u i= z o a o I I- IlL o IlL w a w o IlL I U <J) t ~ :Z o (s) B ~ w <J) a I kl l.5 ~ ~ Z ~ "' I- <J) ~ u:: W IlL LL :::t: w ~ 0 <J) z b ~ <J) D IlL ~ W Z D 0 0 u Z I- u::: l:IL ~ ~ w 0 <( <J) z 2 c.:::: ~ 0 0 -l 0 <( -l U IlL If.\ -l -l <J) IlL 0 Z lL <( LL If.\ 0 \0- w <( D If.\ ;: Z U -l (5 a ") Z i= G IlL U) 0 0 ~ <J) <( <( 0 ::l 0 0 ?( LL I U <:;5 Z lL U ~ ~ u U) ;: 0 a -l ~ ::l ~ -l 0 U ~ ~ l- LL J <J) w ~ N 0 2 ~ t<) ~ ORDINANCE 0-98-1104 RECEIVED AUG _ 2 0' 2004 Per ............. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 3.46 ACRES, OUT OF THE NANCY B. LOONEY SURVEY, ABSTRACT 937, TRACTS 1U, AND 1EE, AND PORTIONS OF TRACTS 100. 1BB, AND 1W, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE CN (NEIGHBORHOOD COMMERCIAL) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT- COMMERCIAL) DISTRICT; PROVIDING A PENAL TV AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Richard A Myers, Realty Capital Corporation, on April 17, 1998 under Case No. Z-98-022; and. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B) by changing the zoning of said property from the CN district to the PUD-C distriet together with all site plans which are conceptual in nature, supporting documents, and other CcLLEWlLlE RlG<<T of WA ex:: '[ETEf<.Ml ~ ~T fj-( CCD~V Ordinance 0-98-1104 Page 2 of 9 * conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan which is Attachment 1 to this ordinance and the statement of planning objectives which is Attachment 2 to this ordinance; and subject to the following conditions: 1. After zoning approval a preliminary plan and all related support information will be submitted to the City for approval. 2. The required tree survey, will be submitted with the required site plan. 3. Developer will construct an eight foot (8') high masonry wall in lieu of required landscaping buffer/screening along the property line adjacent to the residential property at the rear. 4. No business on the property shall be open before 7:00 am and/or after 9:00 pm, except for a bakery or coffee shop, which may open at 6:00 am. 5. All mechanical units will be properly screened so as not to be visible from adjacent residential property. 6. In addition to the existing "eN" zoning, the following commercial uses will be permitted: a. Bank, Financial Institution b. Bakery c. Meat & Fish Market d. Cafe, Cafeteria & Restaurant e. Drug Store f. Furniture Store g. Apparel Alterations h. Music & Dance Studio I. Medical Clinic j. Supermarket / Grocery (max. 15,000 s.f.) 7. The developer will be allowed to place a monument sign in the utility easement, as shawn on the Zoning Exhibit, no closer than eight feet (8') nor farther than 25 feet, from the Colleyville Blvd. right-of.way. The exact location and other matters related to the sign sha!1 be reviewed by the Sign Board of Appeals, and approved by the City Council with the issuance of a sign permit 8. A 28' wide access easement will be included as a condition and as. a note on the plat permitting access to the tract to the south from Hall-Johnson Road at a median cut, no closer than 120 feet to the intersection with Colleyville Boulevard. Ordinance 0-98-1104 Page 3 of 9 Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ day of lA. , 1998. ..., I sf ThC\' second reading and public hearing being conducted on the ~ day of \. )lA I Y . 1998. ATTEST: ~c:!OM~ City Secretary ~.COLLEYVILLE 1 all tW-- Richard Newton Mayor ~~ FORM AND LEGALITY: Ross T. Foster City Attorney I~II SPUI' 2Bl 3 6 ,. !-IlL OllllE p~!-l L\JEaO~\P.\. tIIEtA ~UP AlA ~ ~ ~7 ~I 9~LLE 181Al lX CC2 A~ lZ ORDINANCE 0-98-1104 EXHIBIT U AU .I: ".. s-tX3.L '3T11M3T10~ ~! ~ .Ii ii, ..- d ,,, <l~ :~t1t .. .~ ;:'~I;12; ~;: -- all NOSNHOr - Tl't'H 'I 'QA1S 3'TltM3110~ ~l r --- ~ -;:;1.. ll. _.I-.~,;".I ..- 3~V1dJ3)4lM1 3T1INaTlO~ y' '~itl !~ ~t! ..............- I .1.1_ en .................., a&'" ;I i!illl. ;~,.,~ ..- nOALL ~ ~'!I rr 1 ~IO . ' .. >. z 0 ~ ~,,! ~I <C u <C ~ 18 WO 'ic 1= i ' ... ~ (Jar: > .. w . jg ! c: 8 ~ C1,z "~i 3 .. II Iusa2 =t: = ~ ~ 13!.eI' :::I N ~ .., <C i~~=h >- .)( I a::..lw .... hili >ell <~~ ;! ~! ::E::~ ::: .. ~ wO..J .... ..J~~ " II ..J 'w II Iit -Oool ~ ~>ool . w~o .~ WU i .: ..J...,J ,. ..J.... I' i o- j: (J~ I! Ii; z <~ In i. <C ..J ...,J d I j: n -il t ! Q. 0 ;' U J .. J i ' *' : : w s dhi::!IiI:I:U j , !:: ~ ,li:... i. " ClJ ,j-:J j1ir. Q w I~,,! i ClJ ~idl 'l 0 I; Q. III 11 if I i I !'- dH1 li;f o. " cr; I ... .. . t .. .. ., II' III il. I : it .I! It.jl :! it ~ a.s III ill III I I: ~i tll :doj II.. J i! t ill II] HI i II h in U~I it iJ .;~j .J..... i'.-l ; . II · J · , t 'J)"'" I If :;' j r II' III I I} '. lin 'jJ:1 II ~ ;"1.;1 :~~ ' "21 I.' r 1-1 tI I ,. Ij i ~J~2: In !I.. II! I it In 11 J rill! II n . ,.~.. J "'1 r.t r l l J q', r. i l!:,=-, all!!' ijl P ii ill irrl i~1 H ~ · ilii! ul III nl d ti iU nii iH!1 i D , , ~ ( i :11 t. t I 1 1 ' :. I If! ! in I __~--1 ~ I . i Ii --. .f , , ,I r ;:J .- l :i i I ., Ii '. i ~~: I . i Iii tt ~;~ 't r, !II " '1' 1 . it .1::-1 i i i stilt ORDINANCE 0-98-1104 ATTACHMENT -1 AGREEMffiNTFORSALE AND PURCHASE OF PROPERTY RECEIVED AUG. 2 O' 2004 TillS AGRE~MENT made and entered int? this .;)C,..f'-.dayof ~'I. .2001, by and between Guest Monticello Partners Ltd. as Party oithe FIrst Part and sometimes herem tefeJlt tt1$J'-SeUef", and Terry L. Wilkinson and/or Assigns, as Party of the Second Part and sometimes herein referred to as "Purchaser" . WIlNESSETH: That for and in consideration of the sum ofTEN DOLLARS ($10.00), cash in hand paid, the mutual promises and covenants of the parties hereto, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller, with the intention of being legally bound hereby, does hereby agree to sell to Purchaser at the price and upon the terms and conditions hereinafter set forth, that certain real estate situated on Hall Johnson Road, in Colleyville, Tarrant County, Texas, containing approximately 59,006 square feet of land, and as further described as Parcel 2 on Exhibit "A", attached hereto and incorporated by reference herein (tqe "Property"). Seller and Purchaser hereby agree that t~e survey to be provided by Purchaser as mentioned in Section 8 of this Contract will substitute for the Exhibit "A" currently attached, once it is completed and approved by both Seller and Purchaser, and will become the legal description of the property. The terms and conditions of this Agreement are as follows: 1. PURCHASE PRICE: The purchase price for the property shall be Four Dollars and Fifty Cents per square foot ($4.50). The currently projected purchase price is calculated at Two Hundred Sixty Five Thousand, Five Hundred Twenty Seven Dollars and 00/100 ($265,527.00). The actual Purchase price shall be adjusted after receipt of a survey. At the option of the Purchaser, such purchase price shall be reduced by the earnest money payment made under the following paragraph. Such purchase price shall be paid at closing by purchaser delivering to the Seller at Closing, the purchase price in cash or other immediately available funds. 2. EARNEST MONEY: Upon full and final execution of this Contract, Purchaser shall deliver the sum of $5,000.00 to Rattikin Title Company 1200 Main Place Suite 1200, Grapevine, TX ("Title Company"), Attention: William D. Tate, to be held by the Title Company as EamestMoney (herein so called) pursuant to the terms of this Contract. The Earnest Money shall be placed in an interest bearing account for the Purchaser.s benefit. 3. CLOSING: This transaction shall be closed on or before the expiration of forty-five (45) days from the end of the Purchaser's "Review Period" described in Section 10 below. Closing shall be held at a time specified by Purchaser with five (5) days notice to Seller and will be held at the Title Company offices, or at such other location as may be agreed upon by the parties hereto. 4. CLOSING EXPENSES: Seller shall be charged with and shall pay (i) prorations of taxes, "roll back" taxes, if any, and assessments, (ii) real estate transfer tax, and (iii) title insurance binder of Certificate of Title fee, (iv) title insurance premium (except additional premium for survey amendment shall be at purchaser's expense), and (v) real estate commission. Purchaser shall be charged with and shall pay (i) future installments of special assessments, if any, (ii) prorations of ad valorem taxes and assessments, (iii) recording fees on warranty deed, and (iv) cost to re-plat the property. 5. TAXES: All real estate taxes and assessments, both general and special, with respect to the property, which are a lien but not yet due and payable, and all unpaid installments of special assessments levied or assessed after the date hereof, shall be prorated by the parties as of the date of closing on the basis of the last available rate and valuation therefore. Seller agrees that Seller will not 10. SPECIAL CONDITIONS: Purchaser shall have a sixty (60) day period (the "Review Period"), beginning on the execution date of the final Contract, to review the property and to determine whether or not the property is suitable for Purchaser's needs (taking into consideration such items as soil conditions, engineering characteristics, utilities, access, title, financing, and Purchaser's determination of whether or not a development on the property will likely be economically feasible). In the event that Purchaser, in its sole discretion, determines that the property is not suitable for Purchaser's needs, Purchaser may terminate this Contract by the delivery of a written termination notice to Seller within the "Review Period". Upon the delivery of such written notice by Purchaser, this Contract will automatically terminate and the Earnest Money will be immediately refunded to Purchaser, with the exception that $50.00 out of the Earnest Money will be delivered to Seller as a fee for the "Review' Period", and neither Seller or Purchaser will have any further obligations to the other. If Purchaser fails to deliver such notice to Seller on or before the expiration of the "Review Period", then Purchaser shall be deemed to have waived its right to terminate pursuant to this section. In the event Purchaser has been satisfied that all of the conditions set out above in Section 1 0 are acceptable and purchaser has not obtained the necessary governmental approvals, then the Purchaser may deposit anadditional $5,000.00 for an additional thirty (30) day extension of the Review Period. 11. PURCHASER'S CONDITIONS PRECEDENT: This purchase and sale is subject to Purchaser's satisfaction or waiver of the conditions precedent and covenants set forth below prior to Closing, the non-satisfaction or non-waiver of any of which shall allow Purchaser to terminate this Agreement, but the Earnest Money shall nonetheless be paid to seller provided the review period has expired. a. The approval of all public or governmental authorities of the re-plat to be prepared and filed by purchaser in connection with the sale of the property. b. The approval of all public or governmental authorities of the re-plat to be prepared and filed by Purchaser in connection with the sale of the property; and . c. The approval of the appropriate authorities of the site plan of the Improvements, said approval to be applied for and obtained by and at the expense of Purchaser. 12. SELLER'S CONDITIONS: This purchase and sale is subject to Purchaser and Seller executing at closing an agreement, prepared by Seller's attorney at Purchasers expense (not to exceed $250.00) covering the following items: ) (a) The final plat on this property shall contain a common access easement as shown on the attached exhibit "B" (b) Purchaser will be required to re-Iocate the drainage ditch and related easement, so it is straddled the property line, with equal width on each side. The drainage ditch shall be of sufficient size that it will carry the water from the existing 42" CRP, as well as the water runoff from the Sellers retained contiguous property. (c) Purchaser will construct a monument sign (design to be mutually agreed upon) with three sign panels reserved for the Seller's retained property. The top sign panel and the two bottom panels will be so reserved. The construction cost of the monument sign is to be the Purchaser's; the cost of the three signs to be inserted will be the Seller's. The above referenced agreement shall be attached as an Exhibit to the "Agreement". 13. ACCESS: As a material part of the consideration for this Agreement, Purchaser, its agents or representatives are hereby immediately given the right to go upon the above described property for the purpose of making soil tests thereon, conducting surveys, engineering the property, and/or determining the suitability and feasibility of the existing improvements in accordance with the purposes hereinafter set forth Purchaser shall indemnify, defend and hold Seller harmless from any loss, claim, liability or cost, including without limitation, damage to Property injury to persons and claims of mechanic's or any reason other than a default by Seller there under, Seller shall have the right to terminate this Agreement and retain the earnest money previously paid by Purchaser. 26. As a condition of this Agreement, it is mandatory that Seller hold in strict confidence the terms of this Agreement as well as the identification of the Purchaser. Seller may be allowed to disclose the terms of this Agreement to Seller's directors, officers or legal council in addition to.Seller's accounting firms who may need to be aware of the terms of this Agreement in order to assist Seller in the disposition of the Land. Seller shall use Seller's best efforts to cause its officers, directors, counsel and accountants to keep such terms confidential. SELLER: 1/Jb!t; ! lj /U/t() / BY: Guest Monticello Partners. Ltd.. A Texas limited partnership DATE: DATE: BY: Realty Capital COl:poration A Texas Corporation ITS: DATE;~ BY: SELLER'S ADDRESS: 1111 South ain Street Suite 200 Grapevine, TX 76051 PURCHASER: DATE: t{ /;J 'flu I , / By;~27 ~~- rry L. Wilkinson PURCHASER'S ADDRESS: 751 E. Southlake Blvd. Suite 130 Southlake, TX 76092 Earnest Money received from this day of , 2001. Title Company BY: TITLE: Address c:\CF\PwCont-Land G-04-022 Kerbow I Gary D etux Teresa L 5700 Hidden Oaks Dr Colleyville TX 76034 Eagle-Colleyville Towne Square Two Lincoln Center 5420 LBJ Fwy Ste 1280 Dallas TX 75240 People's Realty Ltd. 2875 Exchange Blvd South lake TX 76092 Guest Monticello Partners Ltd. 32 Village Ln Suite 200 Colleyville TX 76034 GWJ Co Inc 1100 Fountain Pkwy Grand Prairie TX 75050 Wyndham Investment Property Inc 751 E Southlake Blvd Ste 130 Southlake TX 76092 Herman J Smith & Co Ltd 1903 Central Dr Ste 403 Bedford TX 76021 Case' G-04-022. Notices dated August 23, 2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed variance request are listed above. I certify that the parties listed above have been notified of the proposed variance request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP