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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-12/14/2004 cce$ Texas AGENDA SIGN BOARD OF APPEALS City Hall Council Chambers - 100 Main Street Tuesday, December 14, 2004 REGULAR MEETING 7:15 P.M. CALL TO ORDER Chairman Dee McNosky ROLL CALL Rich Munson, Lisa Kenney, Skip Reynolds, Dee McNosky, Ed Moore, APPROVAL OF MINUTES September 14,2004 AGENDA ITEMS 1. Case G-04-029 - PUBLIC HEARING - Request by RSD Equity Partners, Ltd. for a variance from the Sign Regulations regarding a monument sign on Lot 2, Block 1, The Bridges at Riverwalk, located at 1300 Glade Road 2. Review and Discuss - Amendment of the rules and procedures for the Sign Board of Appeals CITIZEN COMMENTS ADJOURNMENT Posted: Friday, December 10,2004,4:30 p.m. Amy Shelley Planning & Zoning Assistant SIGN BOARD OF APPEAL MINUTES OF MEETING - SEPTEMBER 14, 2004 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:15 p.m. on September 14, 2004. Roll Call Present: Rich Munson, Skip Reynolds, Dee McNosky, Larry Henry, Ed Moore, Pat Davis Absent: Butch Bercher Staff: Barry LeBaron, Clayton Husband, Jan Levy The five voting members for the items on the agenda are: Board Members Rich Munson, Skip Reynolds, Dee McNosky, and Larry Henry and Ed Moore. Approval of Minutes February 10, 2004 Board Member Moore made motion to approve the minutes as written. Board Member Reynolds seconded. The motion passed by acclamation. A~enda 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 Clayton Husband presented the case and briefed the board members. Jimmie Archie with Realty Capital Corporation, 32 Village Lane Suite 200 Colleyville- Wants to do one sign instead of each lot doing an individual sign. Chairman Dee McNosky opened the public hearing. Randy Johnson, 5606 Hidden Oaks Drive, Questioned the board if the intent to advertise for building 4 and building 5, for different projects. Chairman McNosky responded the intent is to place all the buildings that are currently there and the two that are proposed. They want to have one sign for all 5 buildings. Mr. Johnson questioned if there is anything in place to prevent offsite advertising. Staff member Barry LeBaron stated current code prohibits any offsite advertising. Business signs can only advertise for what is on that site. The businesses that are off this premise are asking to advertise on this sign because they have no frontage. Mr. Johnson questioned what constitutes a premise. Barry LeBaron stated the platted lot. Mr. Johnson stated as it stands there would be no restrictions for them to go to other buildings at other locations. Barry LeBaron stated only be applicable to businesses on those lots. There being no one else wishing to speak, Chairman McNosky closed the public hearing. Sign Board of Appeals Minutes - September 14, 2004 Page 1 of 6 Chairman McNosky stated this sign would condense three signs in to one and would look more appeasing. Board member Moore made motion to approve Case G-04-019 with a stipulation stated to limited sign to only those five lots by number. Board member Reynolds seconded. The vote being: Ayes: Munson, Reynolds, McNosky, Henry and Moore Nays: None 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 Clayton Husband presented the case and briefed the board members. Board member Reynolds questioned staff if all signs meet the current requirements? Clayton Husband stated correct. Board member Moore questioned staff about who owns the property. Clayton Husband stated this property is currently platted with the dental office at the corner. Property has changed hands but this property is the owner of the lot with the building on this particular lot. Board member Moore questioned staff if the requestor has received permission to construct the sign on someone else's property? Clayton Husband responded there is a contingency in the contract to allow for the sign to be constructed. Board member Moore stated he would think the requestor would need approval from the property owner. Clayton Husband responded no objections have been received for this request from the current property owner. Jesse Schroeder, applicant, 1201 Hall Johnson, Colleyville stated there are two parts to the request, one being the sign design and the other being the offsite location. Mr. Schroeder stated they have redesigned the sign to meet the current sign criteria and he provided copies to the Board members. Chairman McNosky stated the 18 inch part would change. Mr. Schroeder stated having copied the sign that was just approved, they have changed the names. Mr. Schroeder stated the other part of the request being the offsite location and provided a current letter from the land owner stating permission to build sign. Mr. Schroeder also stated he wanted to have a new office off of Hwy 26 and wanting signage to face Hwy 26, if he had known he couldn't have a sign, he woUld not have bought the property. On the sign we put together, there are other names on it other than mine. Chairman McNosky opened the public hearing. Jimmie Archie with Realty Capital Corporation, 32 Village Lane Suite 200 Colleyville- Briefed the Board members with history in reference to the PUD ordinance in 1998. It was our decision to take Hall Johnson Road through the property to extend to Bogart road and knowing then at the time, those businesses behind would need signage for visibility. We are taking the required steps from the PUD ordinance to get the sign approved. Board member Reynolds questioned Mr. Archie if they are wishing to use the existing site that was approved but erect a sign on a location that .has not been there before? Mr. Archie Sign Board of Appeals Minutes - September 14, 2004 Page 2 of 6 responded we are using the ordinance that had the proposed location and erect a new sign. . Board member Reynolds questioned there had not been a sign there before? Mr. Archie responded no. Board member Reynolds state the location you want to use is the approved site and will Dr. Schroeder be on the sign. Mr. Archie stated yes and two other tenants would be on the sign as well from the Tivoli office park and two tenants in the office building adjacent to ours, Dr. Keith Metger and Colleyville Vision Associates will be participating. Board member Reynolds questioned participating how? Mr. Archie stated by being on the sign. Board member Reynolds questioned who owned the property now? Dr. Schroeder? Mr. Archie responded yes. Board member Reynolds questioned the significance of the letter from the property owner Dr. Schroeder presented. Mr. Archie responded that property owner owns the hard corner lot where the sign would be constructed. The letter is provided to insure the construction of the sign as an agreement made when the properties were being sold. Boar<:~ member Reynolds questioned again the approved location is the place the sign is to be constructed and the current variance is to allow for other businesses to be placed on the sign, adjacent but not located on the lot. Mr. Archie responded correct. Board member Reynolds questioned why Dr, Schroeder presented the case and not anyone else that would be affected by the use of the sign. Mr, Archie stated he is the one that wants the sign done quickly. Board member Reynolds questioned that all who will be on the sign are all in agreement. Mr, Archie responded correct. Board member Moore stated Dr. Metger and the Colleyville Vision Associates currently have a monument sign. Are they also going to be listed on this sign as well? Mr. Archie stated yes, they want frontage for Hwy 26 as well. Dr, Schroeder replied as well, I do not know if they will leave their current monument sign. Because the sign will be constructed on another property, if they want to have their name on that sign is fine. I am requesting to have the ability to build the sign and if the actual property owner wants to be on the sign, that is fine with me. Board member Moore questioned the property owner adjacent to Dr. Schroeder, is that you? Dr, Schroeder stated no, I only own my building. Board member Moore questioned if Dr, Schroeder would be the only tenant in the building? Dr. Schroeder stated yes, only me. Board member Moore stated that some of these tenants would have dual signage because the previous sign approved tonight contained some of those tenants. Mr. Archie stated correct, however, the signs serve two different purposes, visibility for Hwy 26 and the sign in the back would be for directory only. Board member Moore questioned staff if dual signage would be allowed? Barry LeBaron responded that each lot can have its own monument sign, therefore there could potentially be 6 monument signs here and the corner lot would be allowed 2. However, they are trying to only have all businesses on 2 monument signs. Board member Moore stated they want 3 monument signs all with the same names on them. Board member Reynolds stated the one monument sign, previously approved, is on a different street. Chairman McNosky stated they do have a monument sign on Hall Johnson Road; however, the applicant wants to have the monument sign on Colleyville Boulevard as well. But, they could have had six signs. Board member Moore stated the two lots in the back are the same as the sign approved in the case previously, correct? Chairman McNosky stated correct, those tenants could have had their own sign, but wants to be on these monument signs instead. Board member Munson stated the one we just approved is for 5 buildings, correct? And the Sign Board of Appeals Minutes - September 14, 2004 Page 3 of 6 request now is for 6 buildings, correct? Dr. Schroeder stated correct, in 1998 the City Council approved the PUD-C for Tivoli office park with the signage proposed, we are simply trying to get the approval for this sign. Board member Reynolds questioned staff about the pictures presented. Board member Munson questioned if there is an existing sign? Mr. Archie stated currently there is not a sign. Dr. Schroeder stated he is the one to spear head this request because he understood when he purchased the property a sign could be constructed. George Jenson, 1211 Wyndham Hill Lane, Southlake, we also purchased lot 3 adjacent to Hal! Johnson and Hwy 26 and understood we would have signage. We endorse support for this request. Don Welch, 1005 Dogwood Court, subdivision directly behind - president of the HOA, and stated having an issue with'the location of this sign and all 16 people on the petition were opposed to the placement of the sign. They are concerned with the issue of safety and will how the sign will obstruct the view of the intersection. The current code states placement of such sign should be 25 feet off of each road; however, in this case, it will be up against the side walk, therefore, not meeting that requirement. This 12 foot wide sign will obstruct the view. The aesthetics will not look good as well, 4 signs in too short of an area creates "sign pollution." Jeff Dicen, 909 Dogwood Court - An additional concern is that people not knowing where to go will be looking at signs, not following directions. Dr. Schroeder stated new patients do not currently have a sign to know where to go. Randy Johnson, 5606 Dogwood Court - Stated Dr. Schroeder's name is in big letters on the second floor and concur with Don Welch of the safety issue. It will become cluttered and I think the visibility is there for Dr. Schroeder. Jeff Dicen stated again there is visibility from Hwy 26. Dr. Schroeder stated looking right at the building you can not see what is there. Mr. Archie stated once again that in 1998, we always understood were the sign would go and it is included in the ordinance. Pat Batten - Stated this is an excellent idea, personally, I know how important it is to have signage. I feel the signs are very attractive. There being no one else wishing to speak, Chairman McNosky closed the public hearing. Board member Munson stated according to photos the proposed spot where the sign is to be placed, is well off from the intersection and not having seen the proposals for Hwy 26, where is the future ROW? Barry LeBaron stated they had dedicated an extra 10 feet. Normally, this side of the street would not require a deceleration lane needing the extra feet. Board member Munson stated a car in that last parking space would create just as much a safety issue as would a sign; however, the sign would be placed far enough back. Sign Board of Appeals Minutes - September 14, 2004 Page 40f6 Board member Reynolds questioned staff if the proposed sign would have the same set back requirements as the signs already in place? Barry LeBaron responded that because this proposed sign would be constructed on the corner, it would probably have more set back requirements. Staff considers all issues about sign placement, whether the visibility triangles are acceptable, and in this case it 'is. Board member Reynolds stated that a sign could be constructed as long as it is in compliance with the sign requirements. Barry LeBaron stated correct. Board member Reynolds stated the ordinance already states the sign was approved and who could revoke that decision? Barry LeBaron stated the property owner could. However, the permission exists for the sign to be constructed. Chairman McNosky questioned staff if this request will go before City Council? Barry LeBaron stated correct. Board member Bercher stated having discussed this numerous times and this seems to be reasonable request and recommends approval of this case. Board member Reynolds questioned staff as to why this would need to go to City Council. Barry LeBaron responded stating the 1998 ordinance states the sign would have to be approved by the Sign Board of Appeals and City Council. However, since then, the City Council has given the Sign Board of Appeals the authority to approve such requests. But, because of the wording of the ordinance, staff recommended taking to Sign Board of Appeals and City Council for approval. Board member Reynolds stated clarification of Barry LeBaron's statement. Board member Munson questioned staff for clarity if the property owner of the corner of Hall Johnson and Hwy 26 could also build a monument sign? However, the applicant stated the owner of the property on the corner of Hall Johnson and Hwy 26 was going to be listed on the sign, why would that property owner need to build separate sign? Barry LeBaron stated we are talking about the same sign. Board member Munson concurred. Board member Bercher made motion to approve case G-04-022 as modified by the petitioner. Board member Munson seconded. The vote being: Ayes: Munson, Reynolds, McNosky, Henry and Moore Nays: None CITIZEN COMMENTS None. ADJOURNMENT Board member Bercher made motion to adjourn. Board member Reynolds seconded. The meeting was adjourned by acclamation. Respectfully Submitted, Sign Board of Appeals Minutes - September 14, 2004 Page 5of6 Amy Shelley Planning & Zoning Assistant 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 - September 14, 2004 Page 6 of 6 .0 Texas SIGN BOARD OF APPEALS AGENDA BRIEFING Agenda Date: Subject: December 14,2004 G-04-029 - Request by RSD Equity Partners, Ltd. for a variance from the Sign Regulations regarding a monument sign on Lot 2, Block 1, The Bridges at Riverwalk, located at 1300 Glade Road SUMMARY & COMMENT David Hannah, representing RSD Equity Partners Ltd., 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 the northeast corner of Glade Road and Riverwalk Drive. The proposed sign is for a new office development called The Fountains at Riverwalk. The development consists of four lots for the construction of office buildings and one open space lot. One of the lots has a building that is nearly complete. The open space lot contains a pond with a fountain, and there is not room to construct a building on the lot. The lot on which the sign is proposed is the open space lot. 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 the requirements for general business signs. These items are explained in detail below. Off Site Sign. Off premises signs, including billboards, are prohibited in Colleyville, except where specifically allowed by the sign regulations. The proposed sign intends to advertise for the owners and tenants of The Fountains at Riverwalk development. However, the sign would be located on a different lot than any of the businesses. A variance is required to allow the off site signs. Sign Design. The structure on which the signs would be located is an ornamental tower rather than a typical monument sign. The tower is 7 feet wide, 7 feet deep, and 27 feet in overall height to the top of the roof. The plans for the tower indicate it would be constructed of stone with a slate tile roof, similar in design to the houses in the adjacent subdivision. The signs would be located on the east and west elevations ofthe tower. The ornamental tower could be constructed on the site without a variance, but signs could not be placed on the tower without approval of a variance. Drawings of the tower are attached. The applicant proposes to use the sign to advertise the businesses located in The Fountains at Riverwalk. There are four lots in the development that would be eligible to advertise on the sign. Under the current sign regulations, each lot would be allowed to have a separate monument sign. The allowed size of a monument sign structure is 112 square feet, with an allowed advertising area of 71.5 square feet. If each lot had its own Agenda Item No.1 - Page 1 monument sign, the total advertising area would be 286 square feet. The proposed off-site sign would provide a total advertising area of 60 square feet. The Board may consider conditions of approval for the variance. These conditions could include disallowing the construction of additional monument signs on the other four lots and limiting the allowed advertising area on the proposed sign. 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. 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 11 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: ';& Agenda Item No.1 - Page 2 .~ Texas 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 .--d.Wf./a Address _______ Telephone No. ____.___________ Fax No. City ___.______ State ________________ Zip Code Applicant's Status: (check one) Cl Owner Cl Representative Cl Tenant · PROPERTY - 0,.., L ~ 71. OWNER ~ ~tPJ( I!f- lI?R.lNE~ LT/). Telephone No. t1J..pUl33/'i Fax NO'~~1-1C.~=-ZLLI Address --.-7(J 1- /fe-AIr C:L_________________________._____________________ City__~Jl1ItL_IliZ____________ State ___- __.________ Zip Code -Z~ef~__ Ownership Status: (check one) Cllndividual Cl Trust Jd Part rship Cl Corp ation ~ R Owner Signature I/,;j" i,d ~ Applicant Signature Date 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. PROPERTY INFORMATION Street Address or Location _L3/2tJ_~LAi)f k-----------------------------.-------------------.---___ .... Legal Description _~CK-.-4-Lt)T ~7I;E &/~ ~T fL.{/EJ;/(//lL.I:(___.______________.._ Present Zoning P tL.12 Present Land Use _f1f.E..Ic..E -/al!~~~.- Status of Project: Cl Proposed ~ Under Construction Cl Existing Have you applied for a sign permit? Cl Yes pi No Have you applied for a variance on this property before? Cl Yes ~ No SIGN BOARD OF APPEALS OFFICIAL USE ONLY Case Number 6-QJ~_Olq____ Hearing Date {a.J.ri./llq-----.-- Action (J Approved (J Approved with Conditions (J Denied 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. Pfl.OP~D 51(J.~ -fop., lhE F()lINTI1tNS ~FFIt.f prtt<<.: /;00, 13()f ,1'UJ1; 13/2- BIAPE J?plfD 1. Completely describe the variance you are requesting. ______________________________.__________. _____IJ-'-._Hn&J.tT_UK5L~IL~___f!_e (<__T~_llr)yJ!;f:f~IL_12rvlw,!lt;.s...__.____m_____ ----- ----8~--!Z-p-?A 4__~_f2/2S..GlakE--.l1oJJJ/Mntl.-S~-J4l-'-r./L-4p-1p--.336--S!J.-pt-oE-.--Slft<(!7!f~c.__._.$JZ'-€____ '2.1;.-> __$~~t-1.S1-'JLLJ1g-~~JJ;LfJllnL-LYMl2!!f.Ak,K1J<<~j12CI5f1)LfJ:=--SJ#d1JJ1T1J1':1O-SJ./f.aFsU!tf:a..(. ~Z.L~lL_bJL_~~i fJF $/ "t-1__~_______________.___________________.____________---------.--.----..------..------ 2. What unique conditions exist in the area that make a variance necessary? __.__.__________.______________.__.___.___ __tt__-Bt12_2tJNJB-t_______ _____B.__DlEfJOtkLS1~~ aII/C!L:LI1LlU1t~ti:.,J!--'11L~rrE .j?!:::!ttf=---_.__._._.____.._____.___.___._..._________ __.__~~___~~_:_117..(:~~Jl1f7:Ltzlt_t:IUJti.~~~~ ~b'S~J) S(~ALLL~Lfl!!L_IS-3:f1:_Bf'=l2l!,{---- _7lfe A{)J""/kE"NT ~b~T1l?lLi-':z-Fr-'--~J&.k2-rlfff-JiI[l}~2L---Bl(j.t.J)'}.Jl:L-eJ'fl)-~------ 3. Is there any way to do what you want without this request? Jl()~__ tJt:_.JJLIMJI_ItL:__.___.___.__________________ .__IL./l-ALs()J..1 D #r~ SICdtL~E _f:t?~ 4 ..I3-'1J!::JLl&1J3_-.-M__l___5:/~L__________._.__..____________.__ ___._fl.__CizIt~__t1_~DE&.,u,J..--/JpfL~-!J..g../}JIJ--~--~I1_flJ;I~k!!Ll.-/f.--:5iJt'r~___RPflE-.____ _____{!!.___/!l,.,:ll!]JJt!L.___Ilg.Sl!.LL~mg!fb=:.-lUI€'-'1?LT.)L-.J&!.([fi-3]IL_'Rfsl&.Ne,g1/__(!lEl~m_..iiJtJU).IN~<t........ No . $Jfi. 1Jt..,t To (He PtI D aPt rYN-sTj?.IIC.TED. 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 Initials OJ Date IPrftl APPLICATION FOR SIGN VARIANCE CV - 4xx (DECEMBER 2003) Location Map / ~ cc- ~ ~ Ii - ~ \ ~ '-- .......... ..... ..... ..... .. ~ I ~... III .---- ( /~ OJ '~ i--- [;c . .. ....- ---- -- - I----- ..........- ~ ..........- .. - - '-- D ..........- I.---- I----i ... .....-.,..- c:c ---- I---- ..........- ~ - I-- :..........;..; Fountains at ~ ~ :.............. Riverwalk -- -- ............ 1/ -- ~ - -- V? i--- r--- l-- f--- L...... ""'" ~ f-j I i..z I~ F I I I ... . - F--'L--i ~ - L K 2 1 I .. Sign .."........... 1 Location 1 I ........ ...- ---- ------- ...- \\~ - LL I J r I 1 .. .............- i ! i i i j j i ! i I; II ~ ~ \( 1 '9~ .' --------- -----~... ~ .~U' ~:I'> ...~~~ .pY' ~ """""tIP .,rf> h --_..;] I: : I i I I, 1 ' :1 ! i! 1 ' : i~ I, 1 ' II " ) ) , . ~==-i Tf ! ( I , : I I, ~ 1 , 1 I I i ! I I , lJ \( I I I/,~-------- --~ OJ r .,.. ...-""'" ....... --- -j;k~-- .. ....,. 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According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed 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 Collewille Land Develooment Code. D R Horton Texas Ltd 1901 Ascension Blvd. Ste 200 Arlington, TX 76006 Riverwalk Owners Assn. PO Box 260997 PIano, TX 75026 Campanella, Donald M Etux Linda 5008 Stonebridge Drive Colleyville, TX 76034 Cambridge Homes Inc. 2828 Trinity Mills Ste 300 Camollton, TX 75240 RSD Equity Partners Ltd, applicant 704 Kent Court SoutWake, TX 76092 R G Hubbard PO Box 494 Colleyville, TX 76034 The Bridges @ Riverwalk HOA 3401 Amherst Circle Apt. 127 Bedford, TX 76021 George, Aby Etux Rosamma 1209 Glade Road Colleyville, TX 76034 Amy Shelley Planning & Zoning Assistant cce~ Texas SIGN BOARD OF APPEALS AGENDA BRIEFING Agenda Date: Subject: December 14, 2004 Review and Discuss - Amendment of the rules and procedures for the SiQn Board of Appeals Because the Zoning Board of Adjustment adopted amendments to the Rules of Procedure of the Zoning Board of Adjustment at the regular meeting held on November 9, 2004, staff deemed it necessary that the Rules of Procedure for the Sign Board of Appeals be amended. Attached is a copy of the Rules of Procedure adopted by the Board on October 14, 2003. Staff has marked suggested changes for your consideration, which are explained as follows: 1. Page 1, Section 102 - Delete the last sentence regarding the city's chief executive officer shall designate his representative to serve the Board as Executive Secretary and replace with "The Board shall designate a city staff member to serve the Board as Recording Secretary." 2. Page 1, Section 103 - Replace the word "Executive" with "Recording". 3. Page 2, Section 202 and 301 - Replace the word "Executive" with "Recording". 4. Page 4, Sections 405, 407, 408 and 502 - Replace the word "Executive" with "Recording". 5. Page 5, Section 505 - Replace the word "Executive" with "Recording". The Board may wish to discuss other changes to the Rules of Procedure. It will require formal action of the Board to approve any changes to the Rules of Procedure. RECOMMENDATION Approval as presented, subject to any additional changes proposed by the Board ATTACHMENTS · Rules of Procedure Prepared by: Barry LeBaron, AICP Development Director Agenda Item No.2 - Page 1 Rules of Procedure City of Colleyville - Siqn Board of Aoooal 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. HI@ €itl"s €/;li@f @)(s€i\;ltiv@ @ffi€iBr s/;lall €lesiQfI@t@ /;lis r@l3res@l'~teti\'e t@ seNe u~@ Q@G1r€l GIS Ii){€l€i\;ltive Se€ir€ltGlry. (The Board shall designate a city staff member to serve the Board as Recording 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 IiHEl€\;Itive (Recording) 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 Collevville - Sian 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 E)(€l€Mti'.'B (Recording) 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. Meetinqs 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 Ei)(€l€MtivB (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 Colleyville - 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. IV. 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 Board. 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 3 Rules of Procedure City of Collevville - SiQn Board of Appeal different types of appeals are included in the same application, each set of guidelines shall apply. 405. Filinq Deadline Every application shall be filed with the ~){QgwtiYe (Recording) 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 EHe€:wti':g (Recording) Secretary or to the Board in public meeting. 408. Withdrawal of Appeal Any application may be withdrawn upon written notice to the ~)(Qgwti\'e (Recording) 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 EiHQgwti'/e (Recording) 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, 4 Rules of Procedure City of Colleyville - Sian Board of Appeal the location of the property involved, and the nature of the request. Each case may be taken under advisement until all have been heard. 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 The affirmative vote of four members shall be necessary to approve, or to approve conditionally, any matter before the Board. Any motion in favor of an applicant failing 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 EH€l@l:jtiv€l (Recording) Secretary shall record in the minutes an entry stating that the application was denied. 5 Rules of Procedure City of Collevville - Siqn 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, 2004 s/Dee McNosky Chairman s/Amy Shelley Recording Secretary 6