HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-2/12/2008City of Colleyville
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www. colle yville. com
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Meeting Agenda
Tuesday, February 12, 2008
7:00 PM
City Council Chambers
Sign Board of Appeals
Cit of Colle V~~~@ 100 Main Street
~,\- f Y Y Colleyville, Texas 76034
~t~~ ~~~~~; (817) 503-1000
~ Meeting Agenda vwvw.colleyville.com
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Sign Board of Appeals
Tuesday, February 12, 2008 7:00 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. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
January 10, 2008
5. TABLED AGENDA ITEMS
5a Case A-07-022 - Request for a variance from the regulations of the
Colleyville Land Development Code regarding monument sign
requirements on Tracts 3D and 3E, Abstract 963 of the A.J. Lott Survey
located at 7015 and 7017 Colleyville Boulevard
6. REPORTS AND COMMENTS
7. ApJOURNMENT
I hereby~ertify the ab~ve agenda was posted on the bulletin boards at City Hall
on Friday, February 8, 008 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 1 Printed on 1/17/2008
City of Colleyville
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www. Colleyville. com
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Minutes -Draft
Thursday, January 10, 2008
7:00 PM
City Council Chambers
Sign Board of Appeals
City of Colleyville Colley0v0'~IleaTexas76034
~,~~~~ ~ '~ (817) 503-1000
Minutes -Draft www.colleyville.com
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Sign Board of Appeals
Thursday, January 10, 2008 7:00 PM City Council Chambers
1. CALL TO ORDER
The Sign Board of Appeals meeting of the City of Colleyville was called
to order by Chairman McNosky on January 10, 2008 at 7:00 p.m.
2. ROLL CALL
Present: Board members Ed Moore, Rich Munson, Dee McNosky and
Kevin Sams (Alternate 1)
Absent: Board members Lisa Kenney, Skip Reynolds and Uton Dellosso
(Alternate 2)
Staff Present: Ron Ruthven, Justin Bass and Amy Shelley
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board member Moore moved to approve the December 11, 2007
meeting minutes as written. Board member Munson seconded.
The motion carried by the following vote:
Aye: 4 -Moore, Munson, McNosky, Sams, Alt. 1
Absent: 3 -Kenney, Reynolds, Dellosso, Alt. 2
5. AGENDA ITEM
5a Case A-08-001 -Request for a variance from the regulations of the
Colleyville Land Development Code regarding monument sign
requirements on Lot 2A, Block 1 of the Docs Addition located at 4400
Colleyville Boulevard
Ron Ruthven presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:09 p.m.
Chandi Rudel, the applicant, came forward to present the case and brief
the Board members.
Chairman McNosky and Ms. Rudel discussed the height and placement
City of Colleyville Page 1 Printed on 1/25/2008
Sign Board of Appeals Minutes -Draft January 10, 2008
of the proposed sign in regards to the exhibits.
Lynn Bural, 5104 Chelsea, Colleyville, the sign builder, came forward to
present the case and brief the Board members.
Board member Munson questioned Ms. Rudel regarding if TxDot has
acquired the property for right of way and if they have completed? Ms.
Rudel replied she hopes that they are done. She stated they have
settled. Board member Munson stated he understood it will be tight for
signs.
Discussion occurred between Board member Munson and Ms. Rudel
regarding the height and location of the sign and the tenants or possible
tenants that will be on the sign. Ms. Rudel stated she had three sign
companies come and give estimates and they have said this is the only
solution for the location and size of the proposed sign.
Chairman McNosky questioned staff if this request will cover both signs,
the current proposed sign and the future sign? Ron Ruthven replied the
request is to allow more than one sign per 250 feet of frontage.
Chairman McNosky stated this will save the applicant a step as opposed
to coming back and requesting another sign.
Discussion occurred between Chairman McNosky, Board member
Munson and Ms. Rudel regarding what is currently on the property and
what is being proposed. Ms. Rudel stated the exhibit provided is an
illustration showing the proposed sign and its location.
Board member Moore stated the rendition of the sign does not conform.
Ms. Rudel replied that is what they are proposing to construct. Board
member Moore stated that sign is completely out of compliance. Ms.
Rudel stated they wanted the sign to look like it goes with the rest of the
building, stucco.
Discussion occurred between Board member Moore and Ms. Rudel
regarding the current signs located on the property. Ms. Rudel stated
that when TxDot takes down those signs, there will be no signage on the
property at all.
Chairman McNosky stated until the new sign is constructed, the old signs
will need to remain in place. Board member Moore stated special
permission was given for the temporary signs for those four signs. He
stated they were in non-compliance when they were put up. Ms. Rudel
stated those signs have been there for about 12 years. Board member
Moore stated those signs should be removed.
Board member Munson questioned Ms. Rudel if the signs will be
City of Colleyville Page 2 Printed on 1/25/2008
Sign Board of Appeals Minutes -Draft January 10, 2008
removed? Ms. Rudel replied those signs are the property of TxDot. She
stated TxDot stated they will give her 30 days notice of when the signs
will be removed.
Chairman McNosky stated the city will notify TxDot regarding the
removal of those signs.
Board member Moore stated according to the request, three of the signs
will be removed if the variance is approved, but one will remain. He
questioned Ms. Rudel regarding what is the fourth sign that will remain?
Ron Ruthven stated the fourth sign to remain is the Animal America sign.
Board member Munson stated he understands the situation and knows
that the applicant needs signage. He stated he likes that the sign will
match the building and that it will be another architectural feature of the
building.
Board member Munson stated he did not want to agree to the second
sign since the request does not state where the second sign will be
located. Chairman McNosky concurred.
Gary Wang, 4408 Colleyville Boulevard, spoke in favor of the variance
request and stated because of the right of way being taken away, the
applicant had no choice but to request a variance.
Ray Spoth, 6309 Connie Lane, Colleyville, spoke in favor of the variance
request and stated because of the right of way being taken away, the
applicant had no choice.
Discussion occurred between Board member Munson and Ms. Rudel
regarding the location of TxDot's markings for the property line. Board
member Munson stated that the signs are indeed in TxDot right of way.
Discussion occurred between Chairman McNosky and staff regarding
the future sign. Ron Ruthven replied staff would recommend denial of a
sign that does not exist and the location is not known.
Board member Sams questioned Ms. Rudel if all four of the existing
signs will come down, eventually? Ms. Rudel replied yes. She stated
that Animal America had bought the sign from TxDot for $1 to have the
sign remain until they are able to do something with their signage.
Discussion occurred between Board members Sams and Moore
regarding which signs will be left and which signs will be removed. Ron
Ruthven replied that all four signs are in TxDot right of way and will
eventually be removed upon their decision.
City of Colleyville Page 3 Printed on 1/25/2008
Sign Board of Appeals Minutes -Draft January 10, 2008
There being no one wishing to speak, the public hearing was closed at
7:40 p.m.
Board member Sams stated there is not another solution for this
property owner given the limited amount of frontage on the property and
stated he is not opposed to this request.
Chairman McNosky stated the proposed sign will be constructed to code
and will be cleared through staff.
Board member Munson questioned staff regarding if the applicant has
the option to use stucco? Ron Ruthven stated the building is stucco,
therefore stucco would be acceptable.
Board member Munson moved to approve case A-08-001.
Board member Sams suggested a friendly amendment to the motion to
approve the variance as requested however, require the four existing
signs to be removed. Board member Munson replied the Board can not
request something that is not within the Board's control. He stated that
is neither the applicant's property nor the City's property, it belongs to
TxDot. Ron Ruthven stated it could be made into the motion and staff
can enforce the removal of those signs at the time of building permit for
the new sign. Board member Munson questioned staff if it could be
made that a written request be given to TxDot, not a requirement, but a
request. Ron Ruthven replied that if staff concludes that the signs are in
TxDot right of way, the signs are to be removed prior to the building
permit being approved. Chairman McNosky stated the applicant does
not want the signs removed until she has her signage in place.
Board member Sams replied he could modify his motion to
accommodate the amendment. He moved to approve the variance as
requested but not approve the one sign per the linear footage.
Board member Munson withdrew his motion.
Ron Ruthven stated the motion needs to include that the sign will not be
in the utility easement.
Discussion occured between Board members Moore and Munson
regarding the location of the sign in relation to the easement.
Board member Sams moved to approve case A-08-001 as requested
with a set back of 10 feet from the property line but not approve the
request to have two signs on the property. Board member Munson
seconded.
City of Colleyville Page 4 Printed on 1/25/2008
Sign Board of Appeals Minutes -Draft January 10, 2008
The motion to approve failed by the following vote:
Aye: 3 -Munson, McNosky, Sams, Alt. 1
Nay: 1 -Moore
Absent: 3 -Kenney, Reynolds, Dellosso, Alt. 2
Chairman McNosky stated the applicant may appeal the request to
City Council.
6. TABLED AGENDA ITEM
6a Case A-07-022 - Request for a variance from the regulations of the
Colleyville Land Development Code regarding monument sign
requirements on Tracts 3D and 3E, Abstract 963 of the A.J. Lott Survey
located at 7015 and 7017 Colleyville Boulevard
Board member Moore moved to remove case A-07-022 from the tabled
item. Board member Sams seconded.
The motion carried by the following vote:
Aye: 4 -Moore, Munson, McNosky, Sams, Alt. 1
Absent: 3 -Kenney, Reynolds, Dellosso, Alt. 2
Ron Ruthven presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:50 p.m.
Kip Whitman, the applicant, came forward and requested to continue to
the next meeting when more Board members are present.
There being no one wishing to speak, the public hearing was closed at
7:56 p.m.
Board member Sams moved to continue case A-07-022 to the next
Board meeting. Board member Moore seconded.
The motion carried by the following vote:
Aye: 4 -Moore, Munson, McNosky, Sams, Alt. 1
Absent: 3 -Kenney, Reynolds, Dellosso, Alt. 2
7. REPORTS AND COMMENTS
Kip Whitman questioned the Board regarding when were the ordinances
written that we are working from? Ron Ruthven replied the last update
was in 2004. Kip Whitman stated that someone in the sign business
should be a Board member since the majority of the ordinances are
written for a four lane highway.
City of Colleyville Page 5 Printed on vzai~uun
Sign Board of Appeals Minutes -Draft January 10, 2008
Board member Moore stated the briefings that are presented by staff
need to be accurate.
Board member Munson stated the applicant is the one that made the
change to the request.
Board member Moore requested that addendum be given to the Board
members.
Board member Sams stated the agenda had already been posted
therefore staff can not update the document, it has to be done during the
briefing update.
Ron Ruthven replied the briefing is to give the utmost information,
however, he stated staff would do try to get the information to you at a
sooner time.
Chairman McNosky stated staff does the best that they can do and they
do not intentionally leave information out.
8. ADJOURNMENT
The meeting adjourned at 8:02 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, January 4, 2008 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 6 Printed on 1/25/2008
" " 100 Main Street
"~~~~~ ~,-„~ City of Colleyville Colleyville, Texas 76034
~: (817) 503-1000
'' ~° Agenda Briefing www.colleyvilte.com
File Number:
File Type: Case
Status: Board Tabled
Items
Version: 1
Requester: Community
Development
Department
Agenda Date: 02/12/2008
Agenda No.: 5a
Controlling Body: Sign Board of
Appeals
Final Action:
File Name: Case A-07-022 -Request for a variance from the regulations of the Colleyville Land
Development Code regarding monument sign requirements on Tracts 3D and 3E, Abstract 963
of the A.J. Lott Survey located at 7015 and 7017 Colleyville Boulevard
Attachments: Application Notification List Exhibit
History of Legislative File
Version: Date: Acting Body: Action Text:
1 11/13/2007 Sign Board of Appeals
1 12/11/2007 Sign Board of Appeals
1 01/10/2008 Sign Board of Appeals
1 02/12/2008 Sign Board of Appeals
Title
Case A-07-022 - Request for a variance from the regulations of the Colleyville Land
Development Code regarding monument sign requirements on Tracts 3D and 3E, Abstract
963 of the A.J. Lott Survey located at 7015 and 7017 Colleyville Boulevard
Explanation
Update
This item was tabled by the Sign Board of Appeals at the January 10, 2008 meeting at the
request of the applicant.
Update
This item was tabled by the Sign Board of Appeals at the December 11, 2007 meeting at
the request of the applicant to allow time for him to submit design renderings of the
proposed signs.
Update
This item was tabled by the Sign Board of Appeals at the November 13, 2007 meeting at
the request of the applicant.
Request. The applicant has submitted a request for a variance regarding the construction of
City of Colleyville Page 1 Printed on 1/25izuus
Agenda Briefing Continued
three proposed general business monument signs that are part of a new development, not
yet approved by the City, located at 7015 and 7017 Colleyville Blvd. The applicant is
requesting a variance from the front yard setback requirement and the requirement that only
one monument sign be allowed for every 250 feet of street frontage.
The Land Development Code requires a minimum 8-foot front yard setback for monument
signs. According to supporting documents submitted with the variance application, the
applicant proposes that the signs be installed along the front property line adjacent to SH26
right-of-way. The Land Development Code requires a maximum of one monument sign per
every 250 feet of street frontage. The applicant is proposing three monument signs, spaced
evenly apart, along the front of the subject property. The subject property has a total of
367 feet of frontage along SH26. The minimum frontage required by the Land Development
Code for 3 monument signs on a single piece of property is 750 feet.
The applicant states that the signs will be smaller than the maximum size and area allowed
in the Land Development Code. However, no details of the proposed sign dimensions were
provided. The applicant asserts that the variance is needed because the development will
be architecturally unique and the proposed signs will fit the character of the development.
Public Notification. Staff mailed notices to 11 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. The applicant asserts that the variance is needed because a unique condition is
being created based on the character and architecture of the development. Staff does not
identify any hardship associated with the request.
Recommendation
Denial
City of Colleyville Page 2 Printed on 1/25/2008
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Community Development Services Application
City of Colleyville
100 Main Street
Colteyville, TX 76034
817.503.1050
^ Zoning Change ^ Preliminary Plat ^ Zoning Variance (ZBAj
^ Special Use Permit ^ Final Plat )Sign Variance SBA)
^ Planned Unit Development ^ Minor Plat
^ Special Exception
^ Site & Landscape Plan ^ Amended Plat ^ Interpretation Appeal
Project Name: _ / // e ~~~>° /S
Project Address (Location): -7D / 7 l~ Dl/~Ull / ` e ~l jl ,
Legal Description: _~ ~~',~ /rQ~ .~~, 3E
Proposed Number of lots: ~ Gross Acres: .3D, ~(~
Existing Zoning: Ce I Proposed Zoning: ~C'-/
Existing Use: ~f~I~'O~T/ Proposed Use: /YI%,~'pG~ /1.tc°_ ~~i'!l/y/P/Y~1~~
ADDlication Reculremenh: The applicant is required to submit sufficient information that describes and justifies the proposal.
See appropriate cheCldlst and fes schedule for minimum requMements. Incomplete applications wpl not be processed.
Applicant: ,,~ ~I. ~,~lh/~yi~ A / Company: /1.~2/l1G ~/'C!1°NS. ~5.;,
Address: ~~ ~~ Q~Q~P ~ Tel ~~ ~'S ~~~~~ Fax: '8~ ~-S~D-~fyS j
City: ~ ~ Stater ZIP: _~ ~ ~.~ ~ Email: f'G~)~i~/ri~Q~~{~ ' ~S,('~
Applicant's Status: (check one) Owner ^ Representative ^ Tenant ^ Prospective Buyer
Property Owner. .S(,~l~I ~° Cl S CrIOdUC' Company:
Address: Tel: Fax:
City: State: ZIP: Email:
Ownership Status: (check one) ^ Individual O Trust ^ Partnership ^ Corporation
SIGNATURE OF APPLICANT
SIGNATURE: //
/G~ ~ ~' K
SIGNATURE OF PROPERTY
SIGNATURE:
(letter of aut oriz tion~
The prope~iva~muat •igu
PRINT OR TYPE NAME)
'V
/o -as- o ~
PRINT OR TYPE NAME)
3nafure is other than property owner)
sdo~r aubu>lt a notarized letter of authorlntioo.
Rev: 02/07
For t~epartmeMal use Ony
Case #: /'t '" ~ ~' ~ 2 ~"
i2-5°°
Total Feels):
Receipt #: ~ `" ' , L ~
Date Submitted: I ~ '~'/
Accepted By:
Public Hearing Dote:
City of Collsyvllk
ZONING 80ARD OF ADJUSTMENT 1°011~°iS°"°`
CottayvOb TX 76034
,.. APPLICATION CHECKLIST 817 503.1050
Please answor the following questions as completely ss possible. Failure m outilns tally the sttuatlon by
answering these questions could cause unnecessary delay in evaluating your appeal. Addittonal pages may be
attached ff necessary.
Have you applied for a building permit? O Yes ~No
Have you fNad an appeal or petition on this properly before? ~ No O Yee
1. Completely descr~e the variance you are requesting SCt ~a~
2. Do stmilarconditbns exist in the area? Explain ~, Sre ~+7'7~wo ~e~ _ _._.
3. Describe how the unique condRbns or circumstances do not result from your actions. .~~.«~_ _._ .,. ~.
4. Is ihero any way to do what you want without this request? ~,____,_~„~
Acknowledgments
I certify that the above inforrr-atbn b correct and complete to the l~ of my knowledge and abit<ty and that 1 am now or
wiA be fully prepared to prosent the above proposal at the Zoning Board of Adjustment hearing.
I understand that in the event that I am not present or represented at the public hearing, the Board shell have the power
to dlambs thb proposal either at the call of the case or after the hearing, and that such dismissal shat constitute a
denial
I reserve the right to w~hdraw this proposal at any time upon written request filed with the Commun@y- Devekrpmsnt
Department, and such withdrawal shaft immediately stop eA proceedings. 1 understand the filing fee ie not r+afundablo
upon wfthdrawal of the proposal after public notice
1 understand that it the request is approved, I must obtain a building pemnit from the City before any work is started on
the property, and that the Zoning Board of AdJtratment action does not constitute the approval of a building permit
ApplicanYa Initial ~~ Date
DUNAWAy
DA No 2006257
October 24, 2007
Board of Adjustment
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Zoning Board of Adjustment Responses
1.. We are requesting three variances, one for the sign and one for the front landscape setback
and one for the rear landscape setback,
a. The sign request is that we would prefer three short monument signs as opposed to
having a single monument sign in the center of the property along SH26 which could
stand and obstruct the view of the site and landscape and other traffic along the
curve.. We are proposing three short monument signs spaced evenly along the front
of the property in which the total square footage of signage allowed would be the
same or slightly less than normally allowed, but placed on the front property line.
b. The front landscape variance request is to make use of the TXDOT Right of Way
(non-paved area) as part of our 20' required landscape buffer.. This is common in
other Cities along a major thoroughfare such as Bedford along SH 121, Bedford and
TXDOT will allow a reduction in the required landscape setback internal to the site
provided that the equivalent area fronting the property be landscaped and irrigated in
the right of way.. This is limited to a minimum of 5 feet of the landscape must be
inside the development and the remaining area (provided it is available outside the
paving and shoulder ditch) is available for use. We are in the process of acquiring
this permit from TXDOT and anticipate receiving due to other considerations, We are
requesting that Colleyville allow the reduction in front yard landscape setback equal
to the area TXDOT will allow us to landscape in their right of way per the proposed
agreement.. While this does not meet the `letter' of the landscape ordinance, we feel
that it does meet the 'intent' of the ordinance.
c. The rear landscape setback is requested to get the required amount of parking The
rear neighbor has stated that he would prefer not to see a tall wall as he would be
fenced in on two sides and we are more than willing to work with him on any kind of
fencing he would prefer if he will support our reduced setback.
2 To our knowledge, neither of these conditions exist in any other locations and we are asking
for something special. We are asking because we believe we have something special to offer
with our development that is not the ordinary run of the mill look along SH 26 The rear
landscape setback we are just trying to work with our neighbor to come to a mutually
agreeable solution for the City to Support..
2006257_BoardofAdjustment_07-3024_IN 1
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Board of Adjustment
City of Cofleyville
October 24, 2007
3 We are creating a unique condition with our signage and landscape variance requests
a. The sign is unique in #hat it is not a standard sign, and we are not requesting more
signage than is allowed, we are just trying to spread it out and keep it lower to the
ground. This variance will allow for signage that better fits with the character and
architectural and landscape aspects of the proposed building.
b. We are requesting something unique for Cofleyville, but not without precedent in the
surrounding cities. 8y design we do not want something that is standard `cookie
cutter from a catalog'. Just like the downtown is special in that is urban design and
was not standard for any where, we want to do accomplish the same kind of
development.
c.. This would not create a unique condition as we hope to have the support of our rear
neighbor in its resolution..
4, In short, no. To do what is allowed by code would be to do the same as everyone and
everywhere else and we are choosing to be different and interesting if you will let us.
2006257_BoardofAdjustment_07-1024_i iV
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Notification List
ACCOUNT
OWNER NAME
OWNER ADDR
OWNER CITY OWNER
STATE OWNER
ZIP
SITUS ADDR
40474135 Hastin Cove Ltd PO Box 5287 Culver City CA 90231 Colleyville Blvd
40474127 Pecan Creek Village Cntr Prtn 5613 Dtc Pkwy Ste 800 Greenwood Village CO 80111 Colleyville Blvd
07401906 Pecan Creek Village Ctr Ptr 5613 Dtc Pkwy Ste 800 Greenwood Village CO 80111 7101 Colleyville Blvd
07401957 Gardens Commercial Partners 3930 Glade Rd Ste 108 Colle ville TX 76034 Colleyville Blvd
04010213 Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colleyville TX 76034 7013 Colleyville Blvd
04010191
Gardens Comm Partners Ltd
3930 Glade Rd Ste 108
Colleyville
TX
76034 Colleyville
BIvd,Subject Property
04010221 Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colleyville TX 76034 7013 Colleyville Blvd
04010248
Gardens Comm Partners Ltd
3930 Glade Rd Ste 108
Colleyville
TX
76034 Colleyville
BIvd,Subject Property
04010310 Dietrich, Charlotte W 7001 Colleyville Blvd Colleyville TX 76034 7001 Colleyville Blvd
04010272 West, Cheryl Ann & Diane M ers 7009 Colle ville Blvd Colleyville TX 76034 7009 Colleyville Blvd
Ian Norfolk, a licant 1501 Merrimac Cr. Ft. Worth TX 76137
Notifications were mailed on Friday,
October 26, 2007 by Amy Shelley
Signature
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