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HomeMy WebLinkAboutSign Board of Appeals-Minutes-12/11/2007Ci of Colle ville 100 Main Street ~- `7 7 Colleyville, Texas 76034 ~ #~1~~__~~ (817) 503-1000 Minutes -Final www.colleyville.com Sign Board of Appeals Tuesday, December 11, 2007 7:15 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on December 11, 2007 at 8:25 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) Staff Present: Ron Ruthven and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the November 13, 2007 meeting mintues as written. Board member Kenney seconded. 5. AGENDA ITEMS 5a Case A-07-024 - Request for a variance from the regulations of the Colleyville Land Development Code regarding monument sign requirements on Lot 11 R, Block 2 of the Thompson Terrace Addition located at 5121 Thompson Terrace Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 8:29 p.m. Carl Mitcham, the applicant, came forward to present the case and brief the Board members. He stated he denied allowing shared access to the adjacent lot. He stated it being inappropriate for staff to recommend it. Ron Ruthven used the exhibits showing TxDot's right of way. He stated the reason staff is recommending denial is because if the sign is allowed to go through, it will increase the cost of the right of way acquisition. Board member Munson questioned staff regarding why TxDot would be acquiring right of way 50 or 75 feet from the proposed right of way of Cify of Colleyville Page 1 Printed on 1/18/2008 Sign Board of Appeals Minutes -Final December 11, 2007 SH26? Chairman McNosky stated TxDot will only do so if they realign that road. Mr. Mitcham stated surely they will not be coming across his parking lot to the adjacent lot. Discussion occurred between Board member Reynolds and Ron Ruthven regarding the denial recommendation and the payment for the acquisition of right of way. Chairman McNosky stated the current sign request does not meet what the code requires. Ron Ruthven concurred and stated the proposed construction does not meet code requirements as submitted. He stated the Board is allowed to grant construction waivers. Chairman McNosky and Ron Ruthven discussed what would be correct under code for the monument sign. Board member Reynolds questioned staff if there are any public safety issues? Ron Ruthven relied there do not appear to be any. He stated the planter box is out of the visibility triangle. Board member Munson questioned staff regarding the visibility triangle is for intersections? Ron Ruthven replied the visibility triangle is for street intersections and commercial driveway approaches. Mr. Mitcham stated the base of the sign is already in place and he stated he would construct the sign according to City code. He stated he wants to help his tenants so that they will not move out and leave spots vacant. Lynn Bural, 5104 Chelsea, stated because of the sign regulations, a parking space would be lost if the sign were to be moved to the 30 foot mark. Board member Munson questioned staff that the new sign will have to comply with the current sign regulations, having a concrete base and brick or masonry columns. Ron Ruthven concurred. Board member Munson questioned Mr. Mitcham regarding if he would comply with those regulations? Mr. Mitcham replied he would do whatever is required. He stated the only thing that is being discussed is the location of the sign. Board member Munson questioned Mr. Mitcham regarding if the brick columns were added and the sign were to be put up, would the square footage of the sign be in compliance with the ordinance? Mr. Mitcham stated he does not know that. Ron Ruthven replied staff has looked at City of Colleyville page y Printed on 1H8/2008 Sign Board of Appeals Minutes -Final December 11, 2007 the square footage and it would be in compliance. Board member Reynolds stated the applicant has a hardship regarding the shape of the lot because of the way the streets are coming together. He stated the businesses have an economic hardship because they need the sign. He stated there is no better place for the sign. Board member Reynolds stated he supports this citizen and his tenants and stated he hoped the variance would be approved. There being no one wishing to speak, the public hearing was closed at 8:40 p.m. Board member Reynolds moved to approve case A-07-024. Board member Munson seconded. Ron Ruthven questioned the Board regarding if the variance is being approved to the construction standards and the placement of the sign? Chairman McNosky asked the Board for clarification. Board member Reynolds stated approving both. Board member Kenney stated the applicant is only asking for a variance regarding the location of the sign. Board member Reynolds stated this being an interesting situation because of the street. He stated this is in an older part of the town. Board member Reynolds questioned Mr. Mitcham regarding what he wants? Mr. Mitcham replied the exhibits are a rough sketch, however, he wants to place the sign in the location that it was before. He stated he would construct the sign to code. Board member Reynolds stated that is what he approves. Chairman McNosky restated the motion: Board member Reynolds moved to approve case A-07-024 with the construction of the sign to meet City standards at the location that the applicant is requesting . Board member Munson seconded. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky 5b Case A-07-025 - Request for a variance from the regulations of the Colleyville Land Development Code regarding monument sign requirements on Lot 2RB, Block 1 of the Village Park Addition located at 710 Centerpark Drive City of Colleyville page 3 Printed on 1/18/2008 Sign Board of Appeals Minutes -Final December 11, 2007 Chairman McNosky opened the public hearing at 8:44 p.m. Lynn Bural, the applicant, came forward to present the case and brief the Board members. Jerry Pederson, the builder and owner of the property, came forward to present the case and brief the Board members. Board member Reynolds questioned staff regarding the information on the exhibits presented for the placement of the signs. Board member Moore questioned staff regarding if some trees have been planted? Ron Ruthven replied the applicant has removed some trees and they have planted trees according to the Land Development Code. Board member Moore questioned staff regarding if the sign will be placed far enough away from the street? Ron Ruthven replied yes. Chairman McNosky questioned staff regarding if the location would cause any type of visibility issues? Ron Ruthven replied given the setback of 10 feet from the street and given that there are no driveway approaches or street intersections, there are no visibility issues here. There being no one wishing to speak, the public hearing was closed at 8:49 p.m. Chairman McNosky stated the land itself has created an issue for the applicant. She stated he has tried to place the sign in several locations. She stated between the retention pond and the trees that are currently there, this is the best spot for the sign. Board member Kenney concurred with Chairman McNosky. Board member Kenney moved to approve case A-07-025. Board member Reynolds seconded. Board member Reynolds stated that none of the persons notified object to the sign. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky 6. TABLED AGENDA ITEMS City of Colleyville page q Printed on 1H8/2008 Sign Board of Appeals Minutes -Final December 11, 2007 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 items. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 8:51 p.m. Kip Whitman, the applicant, came forward to present the case and brief the Board members. He apologized to the Board regarding not having the drawings to show what the signs will look like. He stated he would approve if the Board would like to table this item until the drawings are provided. Board member Kenney stated she agreed with what the applicant is asking for, however, she stated she would like to see what the proposed signs are going to look like before voting on the request. There being no one wishing to speak, the public hearing was closed at 8:57 p.m. Board member Kenney moved to table case A-07-022. Board member Munson seconded. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky 6b Case A-07-023 - Discuss and review Chapter 7-Sign Regulations of the Colleyville Land Development Code regarding electronic, flashing and scrolling reader board sign requirements Ron Ruthven presented the case and briefed the Board members. Chairman McNosky questioned staff regarding if the Board will need to make a motion on the suggestions, a second and a vote. Ron Ruthven replied that the Board should make a motion, second and a vote on the recommendations. Chairman McNosky opened the public hearing at 9:00 p.m. City of Colleyville Page 5 Printed on 1/ Sign Board of Appeals Minutes -Final December 11, 2007 Linda Seim, 3951 Brown Trail, stated she has an electronic scroll message sign for her business and can only have time and temperature on it. She provided a presentation showing her sign with a scrolling message. She stated the presentation shows that the message does not impose a problem with traffic. She stated not knowing how the Board would measure the rate of time a scrolling message would appear. She presented other signs that are not in compliance with code. Lynn Bural, 5104 Chelsea, stated being in favor of a rate of scroll should be something addressed. He stated the time change, the 30 second time change is pretty slow. He stated 15 seconds seems slow as well. Board member Moore stated it being the fault of City staff that the signs are not in compliance with the sign regulations. He stated Code Enforcement should be ticketing those businesses. He stated Code Enforcement fails all over the City. Board member Kenney stated electronic signs should not be allowed in Colleyville and stated they are not going to attract business. She stated an attractive monument sign will attract people to the business. She stated flashing messages are distracting. She stated illuminated , scrolling signs in five or ten years, are not going to be attractive. She stated there should be a greater opinion of the community. Board member Moore concurred with Board member Kenney and stated Code Enforcement should be fixing those issues. Board member Sams concurred with Board member Kenney and stated having lived in Southlake, the signs in Southlake, are very attractive and tranquil. He stated it is irrelevant to have time and temperature because most cars come equipped with time and temperature features. Board member Dellosso stated being against electronic signs and stated technology has evolved regarding getting information to customers. He stated there are other ways to get the message across to customers. He stated being glad that Southlake does not have them. Chairman McNosky stated wanting to send this back to City Council. She stated it not being the Board's job to suggest or create ordinances. She stated the City Council should go to the citizens for suggestions as opposed to coming to the Board. Ron Ruthven stated the Board can make any recommendations it would like to City Council. He stated if the Board wishes to not have electronic signs at all, City Council would like to see that coming from this Board. He stated staff mailed notices to all of the Homeowners Associations City of Colleyville pays g Printed on 1/18/2008 Sign Board of Appeals Minutes -Final December 11, 2007 regarding the recommendations. Board member Dellosso stated the Board is most in agreement with the suggestions. There being no one wishing to speak, the public hearing was closed at 9:14. Board member Kenney moved that the Board make a recommendation to the City Council that the City not allow electronic signs. She stated the ordinance should stay as is. Board member Moore seconded. Board member Dellosso stated he would like to further restrict the use of any signs. Chairman McNosky stated there is a motion and a second. She suggested making an amendment to the motion. Board member Dellosso stated again he would like to further restrict the use of any signs. Board member Kenney concurred and stated or the ordinance should be enforced. Ron Ruthven stated the minutes would be forwarded to City Council. Chairman McNosky restated the motion: Board member Kenney moved that the Board make a recommendation to the City Council that the City not allow electronic signs. She stated the ordinance should stay as is. Board member Moore seconded. Board member Sams stated the City Council is requesting this Board to make recommendations. He stated there have been many times where the Board would have liked for City Council to know what the Board's recommendations are to particular items. He stated this is the perfect time for the Board to send recommendations to City Council. Board member Munson questioned staff regarding what happens to existing signs that have time and temp? Board member Kenney stated that being where the enforcement would come into play. Board member Dellosso stated he does not know where the Board stands if he were to make recommendations. He stated not knowing if it has to be a motion, just a recommendation. He stated if the Board is going to recommend something, the Board will have to agree. He went through the worksheet given to the Board and stated what he suggested: City of Colleyville pays 7 Printed on 1H8/2008 Sign Board of Appeals Minutes -Final December 11, 2007 Current Regulations include: Electronic Message Sign Allowed =yes Sign Type Allowed =Monument and Freeway Pole Signs Flashing or Blinking OK = No Scrolling OK = No Message Change Frequency = 5 Minute Minimum Time/Temp Frequency = No interval requirements Specific Illumination Standards = Illuminated signs cannot project across property lines Other Provisions of Note = Signs are allowed for business and institutional uses Suggestions from the Board include: Electronic Message Sign Allowed =yes Sign Type Allowed =Monument and Freeway Pole Signs Flashing or Blinking OK = No Scrolling OK = No Message Change Frequency = 24 hour Minimum Time/Temp Frequency = 3 seconds to prohibited Specific Illumination Standards = Illuminated signs cannot project across property lines Other Provisions of Note = Signs are allowed for business and institutional uses Ron Ruthven stated the recommendations could vote on separately and all members can vote. Board member Kenney revised her motion to not allow any additional or any changes to the electronic messages to allow more electronic signs, not relax the current regulations. Board member Moore stated there are no scrolling signs allowed, only electronic signs were the message can only change every five minutes. Chairman McNosky stated Board member Dellosso stated his suggestions to further restrict. Board member Kenney agreed with Board member Dellosso's suggestions. Ron Ruthven asked the Board to be specific on those restrictions. Board member Dellosso replied not being qualified to do some of them. He stated his suggestions to be: Suggestions from the Board include: Electronic Message Sign Allowed =yes Sign Type Allowed =Monument and Freeway Pole Signs Flashing or Blinking OK = No City of Colleyville Page 8 Printed on 1H8/2008 Sign Board of Appeals Minutes -Final December 11, 2007 Scrolling OK = No Message Change Frequency = 24 hour Minimum Time/Temp Frequency = 3 seconds to prohibited Specific Illumination Standards = Illuminated signs cannot project across property lines Other Provisions of Note = Signs are allowed for business and institutional uses Board member Sams stated not seeing the need for time and temperature. Chairman McNosky stated not seeing the need fora sign other than to draw attention to the business. Board member Dellosso stated enforcement needs to be addressed for the signs that are not in compliance. Board member Sams suggested doing what Southlake does. Board member Reynolds abstained from any recommendations. Board member Kenney recommended more code enforcement on signs. 7. REPORTS AND COMMENTS 8. ADJOURNMENT The meeting adjourned at 9:30 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, December 6, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 10, 2008. City of Colleyville pegs 9 Printed on 1H8/2008