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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-9/11/2007CFn° o, -•^.. r,.~-.~; City of Colleyville Meeting Agenda Sign Board of Appeals 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, September 11, 2007 7:15 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) 3. APPROVAL OF MINUTES July 12, 2007 4. PUBLIC HEARING AGENDA ITEMS 4a Request for a variance from the regulations of the Colleyville Land Development Code regarding sign requirements on Lot 1, Block 1 of the Southwest Colleyville Office Park Addition located at 3951 Brown Trail, Case A-07-016 5. REPORTS AND COMMENTS 6. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, September 6, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 8/10/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. colleyville. com c;~~~ ~,r Minutes -Draft Thursday, July 12, 2007 7:15 PM City Council Chambers Sign Board of Appeals a e R' <.F -~ r ~.,. City of Colleyville Minutes -Draft Sign Board of Appeals 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Thursday, July 12, 2007 1. CALL TO ORDER 7:15 PM City Council Chambers The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on July 12, 2007 at 8:04 p.m. 2. ROLL CALL Present: Board members Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky and Kevin Sams (Alternate 1) Absent: Board members Lisa Kenney and Uton Dellosso (Alternate 2) Staff Present: Chris Fuller, Ron Ruthven, Chad Bartee, Bill Elliott and Amy Shelley 3. 4. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Board member Moore moved to approve the June 12, 2007 meeting minutes as written. Board member Reynolds seconded. The motion carried by the following vote: Aye: 5 -Reynolds, Moore, Munson, McNosky, Sams, Alt 1 Absent: 2 -Kenney, Dellosso, Alt 2 5. TABLED AGENDA ITEMS 5a Case A-07-011 -PUBLIC HEARING -Request for a variance from the regulations of the Colleyville Land Development Code regarding sign setback requirements on Lot 7R1, Block 2 of the Tivoli Office Park Addition located at 1209 Hall Johnson Road Board member Moore moved to remove case A-07-011 from the tabled items. Board member Reynolds seconded. Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 8:07 p.m. Jimmy Archie, the applicant, came forward to present the case and brief City of Colleyville Page 1 Printed on 7/13/2007 Sign Board of Appeals Minutes -Draft July 12, 2007 the Board members. Doug Miller, the owner of the property, came forward to present the case and brief the Board members and stated they would like this to be resolved tonight. Board member Reynolds stated the applicant has addressed the safety concerns. He questioned staff if the road is expanded, will the proposed sign location still be in a location that does not have any problems with visibility with the widened road? Ron Ruthven replied the sign would still meet the visibility requirements even with the proposed widening of the road. Board member Reynolds stated if the applicant is willing to accept staffs recommendation for the sign location, so that there is not a visibility triangle issue and there will not be one in the future. Ron Ruthven concurred. Board member Reynolds questioned staff if the applicant will still have to have a variance given the location that staff has recommended? Ron Ruthven replied yes, to meet the side yard setback requirements. Board member Reynolds stated the applicant can not help the way the lot is shaped and he stated he is in favor of the request. Board member Moore questioned Mr. Archie regarding if he owns the other proposed building? Mr. Archie replied yes. Board member Moore questioned if the other new building would have a Hall Johnson address? Mr. Archie replied it would have a 1211 Hall Johnson address. Board member Moore stated to staff this is an off premise sign, the address is for the business is a Hall Johnson address but the sign is being placed on Bogart. Mr. Archie replied the sign is intended to be shared by the building that was just constructed by Mr. Miller and the final proposed building. Chairman McNosky questioned staff regarding what is the definition of an off premise sign? Ron Ruthven replied off premise is typically a sign that is on a property that is not owned by the property owner for which it is advertising. Chairman McNosky stated for clarity that this is not an off premise sign because the property owner is advertising his own business. Board member Munson stated the sign for which is being considered is going to be on the property which is owned by the property owner, however, the final proposed building will be advertising services on this same sign and it will not be owned by the property owner. Therefore, the property owner for the new business will need to request a sign variance to advertise their services off site. Board member Munson questioned Mr. Archie regarding if there will be City of Colleyville Page 2 Printed on 7/13/2007 Sign Board of Appeals Minutes -Draft July 12, 2007 room on the sign to advertise the final proposed building, business? Mr. Archie replied the understanding is to take care of this tonight, and the sign is intended to serve both of the buildings, the newly constructed one and the final proposed sign. Board member Munson stated that since that request is not on the agenda to be discussed tonight, he reminded the applicant that the final proposed building, business will have to come in at a future date to request an off site sign variance. Board member Moore stated not being against signage. He stated this is going to be confusing for prospective customers since this sign is on Bogart but the address is a Hall Johnson address. Mr. Archie stated when tenants want to buy or build an office building, they request certain addresses. Hall Johnson Road is a more recognizable name. He stated he had wanted the sign on Hall Johnson, but they were unable to do so. Mr. Miller stated the building is not visible from Hall Johnson Road, however, the prospective customers for this business will have some communications from our business before they reach the facility.Board member Munson stated this business will not be a "walk" in nature for clients. There being no one wishing to speak, the public hearing was closed at 8:28 p.m. Board member Reynolds moved to approve case A-07-011 with the understanding that the applicant is going to build the sign in compliance with the recommendation of staff regarding location. Board member Munson seconded. The motion carried by the following vote: Aye: 4 -Reynolds, Munson, McNosky, Sams, Alt. 1 Nay: 1 -Moore Absent: 2 -Kenney, Dellosso, Alt. 2 6. 7. REPORTS AND COMMENTS None ADJOURNMENT The meeting adjourned at 8:29 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 6, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 7/13/2007 p~o~ City of Co I I eyvi I I e ~N~ 100 Main Street Texas 76034 Colle ville ~~ y , (817) 503-1000 +~~ Agenda Briefing www•colleyville.com File Number: File Type; Case Status: Board Public Hearing Version: 1 Agenda Date: 09/11/2007 Controlling Body: Sign Board of Appeals Requester: Community Agenda No.: 4a Final Action: Development Department File Name: Request for a variance from the regulations of the Colleyville Land Development Code regarding sign requirements on Lot 1, Block 1 of the Southwest Colleyville Office Park Addition located at 3951 Brown Trail, Case A-07-016 Attachments: Application Location and Zoning Map History of Legislative File Version: Date: Acting Body: Action Text: 08/14/2007 Sign Board of Appeals Title Request for a variance from the regulations of the Colleyville Land Development Code regarding sign requirements on Lot 1, Bock 1 of the Southwest Colleyville Office Park Addition located at 3951 Brown Trail, Case A-07-016 Explanation Linda and Richard Seim, the applicants and owners, are requesting a variance on the commercial lot located at 3951 Brown Trail. The applicants are requesting a variance to allow an electronic moving/flashing (or scrolling message) sign, that is part of an existing monument sign, to change slogans more than once every five minutes. The following is the specific provision in the Land Development Code regarding these types of signs: Section 7.215(H) of the Sign Regulations Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any illuminated, animated, moving or flashing sign. Exception: Only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every flue (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature, only shall not constitute a flashing sign. A permit was issued for the sign, including the electronic message portion, in March, 2006 as the sign met all code requirements. However, the scrolling message portion was recently Cify of Colleyville Page 1 Printed on 8/10/2007 Agenda Briefing Continued found to be in non-compliance with the above stated code. The sign currently scrolls electronic messages that, according to the applicant, include public service announcements, patriotic messages and humor. Public Notification. Staff mailed notices to 9 property owners within 200 feet of the site. As of this writing, staff has received no written response in acknowledgement of the variance request. Summary. Given that the electronic scrolling portion of the sign is in violation of the Sign Regulations and can be programmed to comply with the five minute scrolling minimum required by the Sign Regulations without any financial repercussions to the business, staffi s analysis is that no hardships or special conditions exist that warrant any violations of the Sign Regulations. Recommendation Denial aty of Colleyville Page 2 Printed on 8/10/2007 h d *t t"'i h ~... • Cl~ o~ Tern Community Development Services Application City of Colleyville 100 Main Street Colleyville, TX 76034 817.503.1050 ^ Zoning Change ^ Preliminary Plat ^ Zoning Variance (ZBA) ^ Special Use Permit ^ Fnal Plat Sign Variance {SBA) ^ Planned Unit Development ^ Minor Plat ^ Special Exception ^ Site & landscape Plan ^ Amended Plat ^ Interpretation Appeal Project Name: S ~.(m C~l l ~ O ~ rt;~ C i ~ L Project Address (Location): 1 3~/ S~ ~,~'o~,~f,r~ ~1'~GU-• Legal Description: __ ~--C3~1 , l~j~ f1ClL ~ 5~~~'L~~....~.. ~((Ftycll ~~e ~t'~c~Q~'G{,'`1~- r--- Proposed Number of Lots: Existing Zoning: Gross Acres: Proposed Zoning: Existing Use: ~~ ~-- Proposed Use: S6~C~ Aapllcation Reauirement5: The applicant is required to submit sufficient information that describes and justifies the proposal. See appropriate checklist and fee schedule for minimum requirements. Incomplete appllcatlons will not be processed. Applicant: ~~ G~ir-~~ ~-t 1~4- S~ M Company: S~./M ~l~ -ro -~G`t:~1C~ Address: ~3 ~ S'~ 8 Y'~s~~~~,~ Tel: ~i7~~oS~o~~~ Fax: _$r!7 S~GY73.7 City:Co (1.o-~tr~4.~- Stat~:~ ZIP: '7Co 0~3 ~ Email: O~".S ~r n~ ctc,, Q ~~G Gt,~~a~ ~"` Applicant's Status: (checkaneJ Owner O Representative ^ Tenant ^ Prospective Buyer v 0 4 b >; fi ..,, C St, s W V ti W v O V b Property Owner: S ~- Company: Address: Tel: Fax: City: State: ZIP: Email: Ownership Status: (check one) !~' Individual O Trust ^ Partnership ^ Corporation SIGNATURE OF APPLICANT (SIGN AND PRINC~T^ OpR~TYPE NAME) t-~ SIGNATURE: ` ~" ""'-'`~ Date: ~-" 1 g `~ / r" i r~a~GL ~ ~_ ~-Q l ^~ SIGNATURE OF PROPER~TY~OWN/ER (SIGN AND~PRIM OR TYPE NAME) SIGNATURE: ~~'~ ~-~r ~ - ~i!`{Q,r~. ~'t ~"'~ (Letter of authorization requrced if signature is other than property owner) The property owner must sign the application or submit a notarl~tj Jttt~ pt~4tppp7~tion. JUL. 2 ~ 20G? Rev: 02/07 For Deparimaent/al~Use Onl/y Case#: /-f"U7~~~~0 Total Fee(sl: Receipt #: Date Submitted: ~ ~`~ Accepted 8y: , Fu~Gc Heeri~~ ~~te: ~ ~T ~~~ ~. City of Colleyville ® ZONING BOARD OF ADJUSTMENT loo Min stnec APPLICATION CHECKLIST CoueyvilleTX76034 ~:.~ 817.503.1050 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 ff necessary. ~w , - ~`- ~~, ~, J_ o..d~ ; o~.~--- Have you applied for a building permit?~Yes ^ No Have you filed an appeal or petition on this property before? ~No ^ Yes 1. Completely describe the variance you are n~uesting. ~~2.Q.a:.~e~ ~ ~%J-~ --(~--~.1~ ----- -- --- ~ n-r-~~,R~ _:~ ca-,rte ~i . 9-~-- I~-,~ ~-4~-~-.-~ ~---, 2. Do similar c_onditioQn,,s exist in the area? F~cplain. ~~ -t~~ ~--- /.~-G~--tr'e~-e ~'1~~ 3. Describe how the unique conditions or arcumstances do not result from your actions. ~1-e_ --~'`'=~- 1`-'-------~------------...._-- ------------ --- '~'='aid---..~.o-'~___°-~..-- ~~ ~------~------ 4. Is then} a any vvay to do what yo~without this request? ./rim __- --__~~_ Acknowledgments I certify that the above information is correct and complete to the best of my lmowiedge and ability and that I am naw or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. 1 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 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 withdrawa! 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 Zoning~B~oard of Adjustment action does not constitute the approval of a building permit. 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