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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-1/13/2009City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~nnnnni nnllA~niillo nnrrl f- - --- i I ~~ ~ ~ ~~~,~ _~, _. Meeting Agenda Tuesday, January 13, 2009 7:15 PM City Council Chambers Sign Board of Appeals .,, ~., °~, :- ~ -n.s~= City of Colleyville Meeting Agenda Sign Board of Appeals City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 13, 2009 7:15 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES November 11, 2008 5. AGENDA ITEMS 5a Case SC08-001 -Approval of a request for a variance from the sign regulations for a monument sign on Lot 1, Block 1 of the Tinker Crossing Addition located at 6301 Colleyville Boulevard 6. ADJOURNMENT hereby certify the~bove agenda was posted on the bulletin boards at City Hall on Thursday, January 8, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 12/22/2008 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 IA/IA/IA/ i+~lhv~iilh i+~rr~ ~. ~~.~ ., r<•~'~ Minutes -Draft Tuesday, November 11, 2008 7:00 PM City Council Chambers Sign Board of Appeals ~, '~ ~~~f,r „ : ~~: ,~.,,, City of Colleyville Minutes -Draft Sign Board of Appeals City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, November 11, 2008 7:00 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 November 11, 2008 at 7:00 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky and Jim Gotcher (Alternate 2) Absent: Board member Kevin Sams (Alternate 1) Staff present: Ron Ruthven and Justin Bass 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Reynolds moved to approve the October 14,2 008 meeting minutes as written. Board member Moore seconded. The motion carried by the following vote: Aye: 6 -Gotcher, Reynolds, Moore, Munson, McNosky, Mayhew, Alt. 2 Absent: 1 -Sams, Alt. 1 5. AGENDA ITEMS 5a. Case A-08-011- Request for a variance from the regulations of the Colleyville Land Development Code regarding sign requirements on Tract 1A1, Abstract 798 of the Joseph H. Harrell Survey located at 1212 W. Murphy Road Justin Bass presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:05 p.m. Ron Robbins, the applicant representing Toll Brothers, came forward to present the case and brief the Board members. City of Colleyville Page 1 Printed on 11/12/2008 Sign Board of Appeals Minutes -Draft November 11, 2008 Chairman McNosky questioned Mr. Robbins regarding if the property located in Somerset Manor is their property? Mr. Robbins replied no. Chairman McNosky questioned Mr. Robbins regarding if the red line was the Reserve at Colleyville property? Mr. Robbins replied yes. Board member Gotcher questioned Mr. Robbins regarding if the property where the sign is to be located, is it for sale? Mr. Robbins replied yes. Board member Gotcher questioned Mr. Robbins regarding if the current owners are the ones that you have the agreement to have the sign placed on their property? Mr. Robbins replied yes. Board member Gotcher questioned Mr. Robbins regarding if the future owners have agreed to the sign? Mr. Robbins replied they do not know who the future owners are going to be. He stated they would approach them as well to get an arrangement to have a lease with them for the sign. He stated their alternate plan would be to have a joined sign. Board member Gotcher questioned Mr. Robbins regarding what were the plans in the beginning of this development knowing that the property set off from Precinct Line? Mr. Robbins replied the marketing of the property in the beginning was an issue, however, he stated he was not involved in the very beginning of the development. He stated he thought they would probably have to come in and request a variance for the off premise sign. He stated one goal was to purchase part of that property to place a sales trailer on it to be able to market the development. He stated that failed, therefore, they have to request the variance. Chairman McNosky questioned Mr. Robbins regarding the game plan for the longevity of the proposed sign? Mr. Robbins replied the plan is for a specific temporary sign. Chairman McNosky questioned Mr. Robbins regarding a time frame, how long? Mr. Robbins replied the code states a temporary sign can stay up three years from the start of construction or until the development is 90% complete whichever occurs first. Board member Moore questioned staff regarding if the 90% complete is accurate? Ron Ruthven replied the three years from the start of construction or until the development is 90% complete whichever occurs first is correct, but only if the sign is on premise. Mr. Robbins replied they are asking for an additional one year extensions that would either be granted by the Building Official or some other type of enforcing official since the development is so large. Roger Guthrie, 759 Bandit Trail, came forward and spoke in favor of the request. He stated it is in the best interest of the development. City of Colleyville Page 2 Printed on 11/12/2008 Sign Board of Appeals Minutes -Draft November 11, 2008 Board member Gotcher questioned Mr. Guthrie regarding if he lives on the property? Mr. Gotcher stated not currently, he stated he sold the property. Board member Gotcher questioned Mr. Robbins regarding if any homes have been built in the Reserve or in Somerset? Mr. Robbins replied none have been built in either development. He stated the streets are in and the lots are in and ready to be built in the Reserve. He stated Somerset is still in the beginning stages. Board member Gotcher questioned Mr. Robbins regarding how many homes are to be in the Reserve? Mr. Robbins replied a total of 162 at full build out. Board member Moore questioned Mr. Robbins regarding the placement of the sign, why is it not being placed at Murphy Road? Mr. Robbins replied they are very limited with regards to where they can place the sign because of the space available on the property and easements on Murphy and Precinct Line. Board member Moore questioned Mr. Robbins regarding if the property for the proposed sign is 1212 Murphy Road and is it currently for sale? Mr. Robbins replied yes. Discussion occurred between Board member Moore and Mr. Robbins regarding the zoning of the subject property. Board member Gotcher questioned Mr. Robbins if the Somerset development has a sign? Mr. Robbins replied not knowing, he stated the zoning is in place for the development. He stated they may be able to market both communities off of this one sign, maybe, in the future. There being no one wishing to speak, the public hearing was closed at 7:29 p.m. Board member Moore stated this type of sign is not necessary in Colleyville. He stated the homes of this caliber are going to be marketed by realtors. He stated this road does not need to be burdened with this sign. He stated he did not agree with someone else approving an extension on this sign. Board member Reynolds questioned staff regarding what is their recommendation? Justin Bass stated staff recommends denial based on the fact that these off premise signs are not allowed in Colleyville. Board member Reynolds acknowledged the letter received after packets delivered. City of Colleyville Page 3 Printed on 11/12/2008 Sign Board of Appeals Minutes -Draft November 11, 2008 Board member Moore moved to deny case A-08-011. Board member Gotcher seconded. The motion to deny carried by the following vote: Aye: 6 -Gotcher, Reynolds, Moore, Munson, McNosky, Mayhew, Alt. 2 Absent: 1 -Sams, Alt. 1 5b. Case A-08-012- Request for a variance from the regulations of the Colleyville Land Development Code regarding sign requirements on Lot 2, Block 1 of the Northstar Bank Addition located at 6114 Colleyville Boulevard Justin Bass presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:35 p.m. Rich Driscoll, the applicant, came forward to present the case and brief the Board members. Mark Van Buskirk, 103 Belmont Place, came forward and spoke in favor of the request. Board member Reynolds recused himself from the meeting due to his Lion Club Membership at 7:42 p.m. Chairman McNosky questioned staff regarding if City Council has addressed anything new with the sign code? Ron Ruthven stated the Sign Board made recommendations to the City Council and they did review those recommendations, however, the City Council left the code to stand. Discussion occurred with Board member Moore and Mr. Driscoll regarding the different areas of the sign and their particular uses. Board member Moore questioned Mr. Driscoll regarding other signs in the area around his property? Mr. Driscoll replied there is a sign at Able Electronics that is running graphics and changing more frequently, north of the subject property. He stated the building next to ours has not finished their sign. Chairman McNosky questioned staff regarding the variance request is for the frequency of changing the message? Justin Bass replied yes, time and temperature can be the only thing that can flash. Board member Moore questioned staff regarding if time and temperature City of Colleyville Page 4 Printed on 11/12/2008 Sign Board of Appeals Minutes -Draft November 11, 2008 are the only things that can be displayed? Justin Bass replied yes. Animation is not allowed and the words can only be shown for five minutes. Ron Ruthven stated the code allows the message to change but only every five minutes. He stated the message must stay static for five minutes, no flashing, no animations. Board member Gotcher questioned staff regarding what is the magic with five minutes? Ron Ruthven replied not knowing the intention of the five minutes. He stated it has been in the ordinance for several years, at least five years. He stated he thought the reason for the five minutes was to not have any movement on the sign to cause a distraction for drivers. He stated businesses could change messages, they have to be static for five minutes. Chairman McNosky discussed history and rational regarding the sign code regulations. Mr. Driscoll stated he wants to be able to change the message more often with the use of animation. Discussion occurred between Board member Moore and Mr. Driscoll regarding the changing of the message. Board member Moore stated the Board has addressed the message changing with other variance requests. Chairman McNosky stated the Board does not want to re-write policy, the City Council needs to address re-writing the policy. Board member Gotcher stated there is not a hardship associated with this request. He stated this is an issue with the ordinance. Chairman McNosky stated the Council will have to address this issue. Board member Gotcher concurred. There being no one wishing to speak, the public hearing was closed at 7:50 p.m. Board member Moore moved to deny case A-08-012. Board member Munson seconded. The motion to deny carried by the following vote: Aye: 5 -Gotcher, Moore, Munson, McNosky, Mayhew, Alt. 2 Absent: 1 -Sams, Alt. 1 Abstain: 1 -Reynolds City of Colleyville Page 5 Printed on 11/12/2008 Sign Board of Appeals Minutes -Draft November 11, 2008 6. REPORTS AND COMMENTS None 7. ADJOURNMENT The meeting adjourned at 7:56 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, November 6, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 6 Printed on 11/12/2008 ~~~ ~3, _J City Hall City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~ ~ ~~ Agenda Briefing 817.503.1000 www.col leyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Agenda Date: 01/13/2009 Controlling Body: Sign Board of Appeals Requester: Community Agenda No.: 5a Final Action: Development Department File Name: Case SC08-001 -Approval of a request for a variance from the sign regulations for a monument sign on Lot 1, Block 1 of the Tinker Crossing Addition located at 6301 Colleyville Boulevard Attachments: Location and Zoning Map Application Notification List TxDOT Letter Sign Exhibit Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 01/13/2009 Sign Board of Appeals Title Case SC08-001 -Approval of a request for a variance from the sign regulations for a monument sign on Lot 1, Block 1 of the Tinker Crossing Addition located at 6301 Colleyville Boulevard Explanation The applicant has submitted a request for a variance regarding the construction of a monument sign located at 6301 Colleyville Boulevard. The proposed sign meets the 8 foot front yard setback. The submitted plans show that it will be 14 feet long and 8 feet tall - a total of 112 square feet, which is allowed in the Land Development Code. There will also be an electronic message board portion of the new proposed sign. This message board must conform to the current standards in the Code regarding electronic signs. The applicant is requesting a variance from the side yard setback requirement. The Land Development Code requires a minimum 30 foot side yard setback for monument signs. The applicant is proposing to construct the sign approximately 12 feet from the southern property line. The applicant is requesting the variance due to recent Texas Department of Transportation (TxDOT) right-of-way acquisition along Colleyville Boulevard. In November 2008, the property owner received a letter requiring the prompt vacation of the existing sign. Public Notification. Staff mailed notices to 15 property owners within 200 feet of the site. As of this writing, staff has received no written response in acknowledgement of the variance request. City of Colleyville Page 1 Printed on 1/8/2009 Agenda Briefing Continued Summary. The applicant was required to move the sign by TxDOT. Staff agrees that the layout of the property and buildings currently existing on the lot make it difficult for the owner to build a new sign in compliance with the Land Development Code. Recommendation Approval City of Colleyville Page 2 Printed on 1/8/2009 Location and Zoning Map °v 3 3 Q O ti 4 h n M e n m` O v .t g e ti C 0 i 4 fi C .~ C C 4 • W V V v 0 V C~~Y or -- Texea Application Community Development Services Application Address: ~ ~ C~ ~ ~ Z Tel: Fax. ~. . City: ~,r-°° Stater ZIP: ~~ ~'t/ Email ~'L~'~"2' ~--tc~'-~ ~6"~~1~ H~ "T` ^ Zoning Change ~] Preliminary Piat ^ Zoning Variance (ZBA) ^ Special Use Permit ^ Final Plat [~ S gn Variance (SBA} ^ Planned Unit Development ^ Minor Plat ^ Special Exception ^ Site & Landscape Plan ^ Amended Plat ^ Interpretation Appeal Project Address (Location}: Legal Description: Proposed Number of Lots: Applicant: City of Colleyville 100 Main Street Colleyville, TX 76034 81.7.503.(050 Tin K.~er- CroS~s~ ~- ,G- /,~~~ ~~~~I` C_ Company: Applicant's Status: (check one) ^ Owner ^ Representative ^ Tenant O Prospective Buyer ,~ ~ ~ L_._ Properly Owner: / ~ Company: Address: ~ -~ ..,~-~ i'C'~~-~'rr'fM'`~ `''`~'~ Tel: Fax: ,~ City: -1%-~G~"~~~State: ~` ZIP: ~ ~ v Email: c~~~~ .°~t' 'iL`~"l-1 `~"~--- .~~~-~ ~~ ~ ~' Ownership Status: (check one) t~'Tndtviduat ^ Trust O Partnership ^ Corporation SIGNATURE OF APPLICANT (SIGN AND PRINT OR TYPE NAME) / r~ t SIGNATURE: w~ SIGNATURE OF PROPERTY OWNER (SIGN AND PRINT OR TYPE NAME) ~._ : `~ # (Letter of autti°or~ iofiof n required if signature is other than property owner) Tde property owner must sign 16e application or submit a notarized letter of authorization. For Deporf~me'~ntal~Use Only Case #: _;..~.~~.~~~ Total Feels)~~.,; --- Receipt #:, Dale Submitted: ~~ Accepted By: t ' Public Heoring Date: ~ 1 Rev: 02/07 __ Existing Zoning: C L ~ Proposed Zoning: ~A~~_ Existing Use: ~ .c~tt'i~'~ '~ ,~.G~ Proposed Use: °---°-~-~ AppllCatlOn ReaUlrerrten~S: The applicant is required io submit sufficient information that describes and justifies the proposal. See appropriate checklist and fee schedule for minimum requirements. Incomplete applications will not be processed. Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Lam, Conner 1280 Post Oak Trl Southlake TX 76092 006312 Colleyville Blvd Additional Self Storage Lp 7411 Hines PI Ste 100 Dallas TX 75235 001801 Industrial Blvd Yard Art Inc 3250 Story Rd W Ste 108 Irving TX 75038 006407 Colleyville Blvd # C Texas Longevity Housing Lp 1604 N Hills Blvd Ofc Hurst TX 76053 006405 Colleyville Blvd Texas Longevity Housing Lp 1604 N Hills Blvd Ofc Hurst TX 76053 006401 Colleyville Blvd Pleasant Run Creek Jv 5104 Chelsea Dr Colleyville TX 76034 006301 Colleyville Blvd Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001731 Fountain Pass Dr Kac Colleyville Jv 4008 Cochran Heights Ct Dallas TX 75220 006255 Colleyville Blvd Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001619 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001617 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001621 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001625 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001629 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001633 Fountain Pass Dr Bufe, Robert Etux Martha 1509 Tinker Rd Colleyville TX 76034 001509 Tinker Rd Bural, Lynn, applicant 6301 Colleyville Blvd. Colleyville Tx 76034 applicant Public heairng notices were mailed on Friday, December 26, 2008 by Amy Shelley. Signature TxDOT Letter Texas Department of Transportation P.O. BOX 6868 • FORT WORTH, TEXAS 761 i 5-0868 • (8i 7) 370-6500 August 21, 2008 Certified Mai{ 7007 3020 0001 2959 0496 Tarr nt Caunty S H 6 036 -01-123 Par~el 112 Dou le Eagle 1St USA Corporation, D/B/A Just Signs d/bf -AAA Qwik Signs, dlb/a Just Framing Lyn Bural, aka Earl Lynn Bural 510 Chelsea Drive Coll~yville, Texas 76034 Dead Mr. Bural: The 'Texas Department of Transportation has purchased the above referenced property for high ~ ay purposes. You may be entitled to benefits under the Texas Department of Transportation's Relocation Assistance Program. Your attention, therefore, is invited to the foNo~ving items. 1. ' You will be entitled to moving costs -limited to moving of personal property (only); i.e., Sign faces @ 6301 Colleyville Blvd., Col{eyvill~ Texas. 2. ~ Although this property has now been acquired by the State, please be advised that you have until November 24, 2008, in which to move personal property from the State j acquired right of way. You will not be required to have the property vacated sooner than this date. However, we da expect yaar cooperation in vacating by that date. 3e a vised that some relocation expenses reduire approval prior to moving. In order to insu~e no loss of benefits, please contact Mr. John Martin before moving any personal propeerty from this parcel. If yo have any questions or need additional information, please contact Mr. John Martin at (817) 370 550. Sincerely, j cam---- r ~. _~ Scott B. Hall Right of Way Administrator G Fort Workh District SBH:~m Cc: F~ainbaw Plant Sales, Inc. crick L. Malone C W ~~ ~ ~. ~~~ ~. 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