HomeMy WebLinkAboutSign Board of Appeals-Minutes-11/11/2008;;~ . City of Colleyville 100 Main Street
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Minutes -Final 817.503.1000
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Sign Board of Appeals
Tuesday, November 11, 2008 7:00 PM City Council Chambers
1. CALL TO ORDER
2. ROLL CALL
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.
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. Consideration of an appeal of the decision by the Sign Board of Appeals
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, Case
A-08-011
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.
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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.
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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
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delivered.
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. Consideration of an appeal of the decision by the Sign Board of Appeals
for a variance regarding a monument sign on Lot 2, Block 1 of the
Northstar Bank Addition, located at 6114 Colleyville Boulevard, Case
A-08-012
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.
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Board member Moore questioned staff regarding if time and temperature
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
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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
The meeting minutes were approved on January 13, 2009.
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