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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-12/14/2011City of Colteyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. colleyville. com l~ ~ ,-~ l l `~,~.~ t~~sti.a~ Meeting Agenda Wednesday, December 14, 2011 7:15 PM City Council Chambers Sign Board of Appeals ~;``r~t ~~ ?'c4 City of Colleyville Meeting Agenda Sign Board of Appeals City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, December 14, 2011 7:15 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES November 8, 2011 5. PUBLIC HEARING AGENDA ITEMS 5a Case SC11-008 -PUBLIC HEARING -Approval of a request for a variance from the sign regulations for a monument sign on Lot 1, Block 1 of the Davis Medical Office Addition located at 6208 Colleyville Boulevard 6. gpJOU~NMENT I herb certify the ove agenda was posted on the bulletin boards at City Hall on Fri y, December 9, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 1 Printed on 11/30/2011 i City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com c°;i~~, tsr (}, ~1 - - ~ .~ 7 c~ti' Minutes -Draft Tuesday, November 8, 2011 7:00 PM City Council Chambers Sign Board of Appeals ~, , _:. r ~~. ~N;.; 7:00 PM City of Colleyville Minutes -Draft Sign Board of Appeals Tuesday, November 8, 2011 1. CALL TO ORDER 2. ROLL CALL 3. 4 5. 6. 7. City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com City Council Chambers The Sign Board of Appeals meeting of the City of Colleyville was called to order by Chairman McNosky on November 8, 2011 at 7:00 p.m. Present: Board members Jim Gotcher, Skip Reynolds, Tracy Doyle, Dee McNosky, and John Okray (Alternate 2) Absent: Board members Ed Moore and Eric Hulet (Alternate 2) Staff Present: Ron Ruthven and Amy Shelley PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Board member Reynonlds moved to approve the August 9, 2011 meeting minutes as written. Board member Doyle seconded. The motion carried by the following vote: Aye: 5 -Gotcher, Reynolds, Okray, Doyle, McNosky Absent: 1 -Moore, Hulet, Alt. 1 RECOGNITION OF OUTGOING MEMBERS Chairman McNosky recognized Ed Moore for his service on the Zoning Board of Adjustment and Sign Board of Appeals. SWEARING IN OF RE-APPOINTED AND NEWLY APPOINTED MEMBERS Recording Secretary Amy Shelley administered the Oath of Office to: Dee McNosky, Place 4 John Okray, Place 5 Michael Dunham, Alternate 2 ELECTION OF OFFICERS Board member Reynolds moved to approve Dee McNosky as the Chairman. Board member Gotcher seconded. City of Colleyville Page 1 Printed on 11/30/2011 Sign Board of Appeals Minutes -Draft November 8, 2011 The motion carried by the following vote: Aye: 6 -Gotcher, Reynolds, Okray, Doyle, McNosky, Dunham, Alt. 2 Absent: 1 - Hulet, Alt. 1 Board member McNosky moved to approve Jim Gotcher as the Vice-Chairman. Board member Reynolds seconded. The motion carried by the following vote: Aye: 6 -Gotcher, Reynolds, Okray, Doyle, McNosky, Dunham, Alt. 2 Absent: 1 - Hulet, Alt. 1 Board member McNosky moved to approve Amy Shelley as the Recording Secretary. Board member Reynolds seconded. The motion carried by the following vote: Aye: 6 -Gotcher, Reynolds, Okray, Doyle, McNosky, Dunham, Alt. 2 Absent: 1 - Hulet, Alt. 1 8. PUBLIC HEARING AGENDA ITEMS ga Case SC11-005 - PUBLIC HEARING -Approval of a request for a variance from the sign regulations regarding a monument sign and a wall sign on Lot 1, Block 2, of the Bransford Road Addition located at 4701 Bransford Road Amy Shelley presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:37 p.m. Lynn Bural, the applicant, presented the case and briefed the Board members. He also explained that the wall sign variance is not necessary since they have determined that the sign will meet the regulations. Board member Reynolds stated that this is close to school property and is only a half block from Colleyville Boulevard. He stated being in favor of this request. Chairman McNosky stated that the signage meets the regulation but that they are requesting that the message change more often than every five minutes. Board member Reynolds stated that given the location and it being a commercial business, unless there is something dangerous about the request, he stated being in favor of it. City of Colleyville Page 2 Printed on 11/30/2011 Sign Board of Appeals Minutes -Draft November 8, 2011 Chairman McNosky stated the regulations are in place so that these types of signs are not a distraction to drivers. Board member Gotcher stated that the Board has addressed these types of requests and have denied them due to the fact that the code, approved by City Council, regulates it. He further stated the code would need to be addressed to allow this. Chairman McNosky concurred and explained that the Board has put forth suggestions to City Council. Mr. Bural added that the code actually allows these messages to change more often than every five minutes on Colleyville Boulevard, however not in residential areas. Board member Gotcher questioned staff regarding if the code has been changed. Ron Ruthven replied no and explained the sign regulation history to the new Board members. Chairman McNosky stated that this sign blends into the Colleyville corridor, however it is not in the corridor. Board member Reynolds concurred. Board member Dunham stated that the movement in the sign could be a distraction, especially with children in the area and walking in between cars and such. Board member Gotcher suggested that the owner can use electronic messaging to get information out of the parents. There being no one wishing to speak, the public hearing was closed at 7:51 p.m. Board member Reynolds moved to approve case SC11-005. Board member Doyle seconded. The motion to approve failed by the following vote: Aye: 3 -Reynolds, Doyle, McNosky Nay: 1 -Gotcher Abstain: 1 - Okray gb Case SC11-006 - PUBLIC HEARING -Approval of a request for a variance from the sign regulations regarding a development sign on Lot 31x, Block B, of the Broughton Addition located at 1824 Hall-Johnson Road Amy Shelley presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:11 p.m. City of Colleyville Page 3 Printed on 11/30/2011 Sign Board of Appeals IVlinutes -Draft November 8, 2011 Ryan Bashaw, the applicant, came forward to present the case and brief the Board members. Susan Bondy, 1808 Arrington Green, spoke in opposition to this request. Dennis Miller, 1800 Camden Green, spoke in opposition to this request and stated having a concern for safety of the children because of the sign blocking visibility. Darin Oltrogge, 1912 Arrington Court, spoke in opposition to this request. Larry Boyd, 1805 Arrington Green, spoke in opposition to this request with a concern for safety. Mr. Bashaw stated they would place the sign where it would be safe and in compliance with the sign regulations. He stated that the sign is temporary and will come down as soon as the lots are completed. He stated that the sign is to market the development. Board member Gotcher questioned Mr. Bashaw regarding if Toll Brothers was aware of the sign regulations when Broughton was purchased. Mr. Bashaw replied no, they were not aware of the regulations. He stated their sign company applied for the sign permit and was approved for it. He stated that they were then notified by the City that it was not allowed. Board member Doyle questioned Mr. Bashaw regarding if directional signs will be used on the weekends. Mr. Bashaw replied if they are allowed by the City, then yes, they will have the directional signs. There being no one wishing to speak, the public hearing was closed at 7:27 p.m. Board member Okray moved to deny case SC11-006. Board member Gotcher seconded. The motion to deny carried by the following vote: Aye: 5 -Gotcher, Reynolds, Okray, Doyle, McNosky gc Case SC11-007 - PUBLIC HEARING -Approval of a request for a variance from the sign regulations regarding a development sign on Tracts 2C and 2D, Abstract 232 of the D.J. Beddo Survey located at 404 McDonwell School Road Amy Shelley presented the case and briefed the Board members. City of Colleyville Page 4 Printed on 11/30/2011 Sign Board of Appeals Minutes -Draft November 8, 2011 Chairman McNosky opened the public hearing at 7:30 p.m. Ryan Bashaw, the applicant, came forward to present the case and brief the Board members. David Hager, 6812 Whittier Lane, spoke in opposition to this request. Teena Conway, 321 W. McDonwell School Road, spoke in opposition to this request. Board member Okray questioned Mr. Bashaw regarding if they have visited with the neighbors about the proposed sign. Mr. Bashaw replied no, not about the sign but about other matters. There being no one wishing to speak, the public hearing was closed at 7:36 p.m. Board member Okray moved to deny case SC11-007. Board member Gotcher seconded. The motion to deny carried by the following vote: Aye: 5 -Gotcher, Reynolds, Okray, Doyle, McNosky 9. ADJOURNMENT The meeting adjourned at 7:54 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 4, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 5 Printed on 11/30/2011 „, _~ City of Colleyville 100 Mlain Street 't ~~ ~'~~:,~;~ Colleyville, Texas 76034 ~k~* ~' Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Requester: Community Development Department Agenda Date: 12/14/2011 Agenda No.: 5a Controlling Body: Sign Board of Appeals Final Action: File Name: Case SC11-008 -PUBLIC HEARING -Approval of a request for a variance from the sign regulations for a monument sign on Lot 1, Block 1 of the Davis Medical Office Addition located at 6208 Colleyville Boulevard Attachments: Location and Zoning Map Notification List Buffer Map Aerial Looking South Application Applicant's Request Photos Submitted by Applicant Existing Sign Proposed Sign Existing Sign Located at Adjacent Property Activity Detail Report History of Legislative File Version: Date: Acting Body: Action Text: 1 12/14/2011 Sign Board of Appeals Title Case SC11-008 -PUBLIC HEARING -Approval of a request for a variance from the sign regulations for a monument sign on Lot 1, Block 1 of the Davis Medical Office Addition located at 6208 Colleyville Boulevard Explanation Doug Strickland, the applicant, submitted a request for a variance to allow a monument sign to exceed the maximum height of eight feet to a requested height of 10 feet located at 6208 Colleyville Boulevard. Existing Conditions. The property is currently developed as Advanced Eyelid Surgery Center with an additional 2,205 square feet to be used as a general office. The applicant recently purchased the general office space to be used as his State Farm Agency. A monument sign currently exists on the property and measures eight feet in height by 14 feet in width, which was approved by a building permit in April, 2009. The applicant has provided a photo, attached to this briefing, of a sign that is located on the property to the south, adjacent to the subject property. The existing sign is approximately 10.3 feet in height and 14.5 feet in width. According to the building permit that was issued for this sign in 1998, the sign conforms to the code. The building permit activity report for this sign is also attached to the agenda briefing. Existing Variance Approved. The property owner, Dr. Mayli Davis, received approval for a City of Colleyville Page 1 Printed on 12/9/2011 Agenda Briefing Continued sign variance in March, 2009. The variance approved the placement approximately three feet, four inches from the front property line because of the right-of-way acquisition along Colleyville Boulevard. Proposed Variance Request. Section 7-150(A)4(c) of the Land Development Code restricts the maximum height of a monument sign to eight feet. Therefore, the applicant is requesting a variance to raise the existing monument sign to a height of 10 feet. The applicant states that he would like to have the same amount of space on the sign that Dr. Davis currently has for the surgery center. Public Notification. Staff mailed notices to 15 property owners within 200 feet of the site. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence to this request. Summary. The applicant is requesting a variance to the maximum sign height of eight feet to 10 feet in order to create the same amount of sign space for the general office use as does the surgery center. Although variances to sign height have been granted by both the Sign Board of Appeals and the City Council in the past, there is nothing inherently unique to the subject property that would invoke a hardship to sign height. Recommendation Denial City of Colleyville Page 2 Printed on 12/9/2011 Location and Zoning Map I 6210 AG 1509 6208 i 15i"i~-a ' ~; 8 05 R~ 6206 )"`?4 F-~`~t; ~. w 6204 ~~~~' _ 01 ~ R15 Rio Q/Q~ 6? C: c ~y~a 6200 Sitf~tect Rroperty _ a~ ~,~ , .gym 6112 CPU ~.~,'~` Cad 6108 6202 6200 04 f ~ ~ ~'' PUDC -- _ I/ E'19 =~ ~' ~ '~ ~` ~; ~ 6'19 0 , %, f .€ ~ r ~~ E~x !:~ ~~ {sue +¢ _- r- ~- .„ ,. "~ _ ~_ Notification List OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Touchstone, Gary Etux Julie 6208 Ponderosa St Colleyville TX 76034 006208 Ponderosa St Colleyville Properties Llc 3145 Geary Blvd Ste 737 San Francisco CA 94118 006225 Colleyville Blvd Pecan Gardens Estates Lp 901 John McCain Rd Colleyville TX 76034 006220 Colleyville Blvd Tucker, Charles 6206 Ponderosa St Colleyville TX 76034 006206 Ponderosa St Thomas, Philip H Etux Mildred 6204 Ponderosa St Colleyville TX 76034 006204 Ponderosa St Pmt Partners Ix Ltd 1585 Kapiolani Blvd Ste 1110 Honolulu HI 96814 006201 Colleyville Blvd Alacrity Lending Company 25 Highland Park Vlg Ste 100 Dallas TX 75205 006209 Colleyville Blvd Jace Properties Llc 3241 Horseshoe Dr Grapevine TX 76051 006208 Colleyville Blvd Folkes, James 1 & Kimberly S 6200 Ponderosa St Colleyville TX 76034 006200 Ponderosa St Burton, Eugene Etux Karen L 6112 Ponderosa St Colleyville TX 76034 006112 Ponderosa St Arana, Wanda Trustee 36 Arana Cir Sausalito CA 94965 006200 Colleyville Blvd Arana, Wanda Trustee 36 Arana Cir Sausalito CA 94965 000000 Colleyville Blvd Casteel, Gary Etux Donna K 6108 Ponderosa St Colleyville TX 76034 006108 Ponderosa St Van Buskirk Properties Llc 107 Belmont Place Cir Southlake TX 76092 006118 Colleyville Blvd 280 Sports Llc 1420 Danbury Parks Dr Keller TX 76248 006125 Colleyville Blvd Doug Strickland, applicant P.O. Box 219 Colleyville TX 76034 applicant Public hearing notices were mailed by Amy Shelley on Tuesday, November 22, 2011. Buffer Map 6305 6304 6305 6401 1410 141.2 6301 6300 63011 ~+ ~ 6301 -- ~ 6255 ~ 6210 `' 6209 6230 ®` ,~,w ~£ 1509 401 ~ 6208 ~ __ 1601 ~ ~ ~. ._ 622 ~~ ~~~~ 6205 ~ 6206 ' 6224 6226 ~ ry~lr ~ „~~~ ,_ 1 6204 6222 6220 ww.,, ~.~p,_ ,.°`°~ 6213 6201 .~ ..,~~ -~.~,.~,~ ~~ ~ 6215 ~_~ 6208 ~ 6209 6109 6200 ~ 6211 ,r. i +~`~~~ 6112 , ._ . 610E\ ~20~ 6200 6201 6203 6207 6904 ',118 -- _I .6125~~~ ~~ 6219 6125 N,~.r ~,~., . ,._. ..... 6140 14 .~,. 6110 12 Aerial Looking South Application ^ Zoning Change ^ Special Use Permit ^ Planned tMit Development ^ Site i~ landsc~e Plan Project Name: City of Colieyviik Colmmun'~ty Qavetapment Services iooM~->, suet A lication co"~"`'~ Tx 7~0~ pP sil.stta.ioso ^ Preliminary Plat ^ Zoning Vpiancc (ZBAj ^ Final Plat Sign Variance (SBAj ^ Minor Plat ^ S"rdewalk / General Waver ^ Amended Plat ^ interpretation lipped w~- ~v-Sk via. tom. e Project Address (LOCationy: ~j~ D ~ ~` ~`~, f/t~ `~ S i /d , ~~tt=N, +n~e. '~-~ 7~ 3T Legal Description: ~15 A"~N ~~ ~ ~ LK ~ Proposed Number of lots: ~___._ Gross Acres: Neighborhood District: Existing Zorang: Proposed toning: Existing Use: Proposed Use: iha applicant i3 requted to subrtit sutticbnt intorrrtotion shot descaibes and jusfi"fies the proposd. APpikartt: u ~ . ~c.~s~---yr Company: v j~'-1a r~ Addre/ss~:,~' t u° ~+ `e !V Tel: gl ~~'~ D~~/ a,~ ~ Cffy: ,~[L,L i~ i ~ State:,, ZIP:?~~ 3 Emat1: F~ r~.- (Ksu v~a.u~-7~. Fax: ~~ bS70 ~~~ [ ~.y t ~ ~~{ AppiEcant'sSratus; (~ecka~r) ~()wner 0 Representative O Tenant 0 Prospective 8uycr 4~ro ~ L ~~ Company: Val ~-~C `f~f Z~t" AddreSS:~~ 1 ~Y,,~ ~ ~~~ Tel: ~ ~ - rr __ r-' , Cjt . V7 ~ State. ZIP ~lG U J~ Email;: _ -- . ne~ship Status: (eheclt orrc) Individual D '!Yost O Partnership Corporation for IkporhnuNct ~e tJaty SIGNATURE OF APPLICANT {St AND PRINT tJR TYPE NAME] ~~ . ~~ Case tt: sICNATURE• te• ~,(- L- ~ ~ ~ ,~' `~ 00 retd Fee(st: SIGNATURE OF PROPERTY OWN jSIC~N AIJO PRINT OR TYPE NAME) kecelpl p: ~, 1 ~ y/ SIGNATURE: Dole Sutarrdtfo~ ` (Letter of outtsdizotion aired IF signature is oMer than property owner) AcoepterJ By: Tic property ewoer mwt etin tYe sppikatiea or eeMnJ! o wtarkcd ktter oriwtiwrMtioa. ~ "~ '}1 Punic Fiea{rrp Owe: v- Pfrr: ~(t Applicant's Request VARIANCE OR APPEAL APPLICATION .. City of Colleyville 1401dain Strset Cotleyvilk TX 76034 817.503.1454 Please answer the togowing questlons as comglebely as poasltrls. failuro bo outline tally the situatdlon by answsrtng these questions could cause unnecessary delay In evaluating your appeal. Additional pages may 6e attached if necessary. Have you applied far a building permit? Yes D No Have you flied an appeal or petition on this property before? ~No D Yes t _evnnlnlaly eia~Qrrily~ fho~ varian~s~ wu~ sva rt~u~ctine. l /Vt. 1 ~~I~~ I} UIIf17 .7MK1'Ia~ad '~11 y[./Ad~CCf ~,~f t~ t: ',4. u~ ~d~~ a.~- 6~n8 ~t(~~~tl~ ~'t ~d .-~±is~c rs_ K il1e~ -~ _bu+ld o~ ~_ . Oar a livacuia~; ~'1~oive Qur~s~~tZ of e,r ac~ to ~ S~-t ?~ ..L~a yr s ~l~h. a 5 S~+r,wK... !~ pia. a ~u ~ St iL5 ~}7,K -~,d.l ~ . lfi u ~ . Do similar conditlor-s exist in the area? Explain. L-.L11.___.CtrP!t,5~ ~+et f~~' D'~ St~,~..,b y, 2(01 r~c~b S ._ _.----- -- ---_ ~...~.. _. __-_ ~_. ~ _. ~ v-•~• ccM, e'Q Eedt.a be sct wr<e Q h ~I'S._'t>t± Rs ~._.~._ t,vt tj ,rtia„k~_ou r sr x, saweti ~ eel d~S ou ~' .___~_-..______.__-----.------.___.._._~_ ~___ ~_..__ ~~ Coill~yy ~ ~. Describe how the unique condit~ns or circumstances do not result from your actions. ~.~54 5~ouri• Taw., Qoti l ~-~ ! l ~ e ~~~©~~ ~~~/ _..I~1a r er~~~~a_rr.~ _~ctr~ t w ~~ ~ 1 ' u td 1. !s there any way to do what you want without this request? ri0... _ ~~tSttk~.s,~ '!~, . ~ i ~fy that the above lnfarmatIon Is con~ect and complete to the best of my knowledge and ab~ty and that i am rlow or wIN be tuNy prepared to present the above proposal at the Zoning Board of Adjustment hearing. i understand that in the event that 1 am not present or represented at the public hearing, the Board ahaN have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shah c~onsbtute a denial. I reserve the right to withdraw this proposal at any time upon written request flied with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the tiling fee is not refundable upon withdrawal of the proposal after public notice. I understarxl that if the request is approved, I must obtain a buitdmg permit from the Cdiy before any work is started on the property, and that the Bo d' action does not a~nstitute the approval of a building permit Applicant's Initials Date tl- ,~ - its l L 13 Photos Submitted by Applicant ~R 15-ro~~.,-,ti-. ~e,! Proposed Sign ~~ ~'~ 4( { ~ `~~~. ~- ~ ~ ~~ v ~... ~~ ,.~ ~t _- ~~_ -_ 1r"' Existing Sign Located Adjacent to Property ~,~ . ~ ,,~ ~- .~ ,~._ .~ - ~ ~ .~~, .J ~~ ~~~~ .._..., ~ t ~_ ,. ~' ~~ ,>~ -- ~~. '. y ~.~" ;~;.~ ,,~3 `-~ .~..1 -_ W ~ ~ _ - - ~ s L ~ ~ Vl ~ . ~~ °z m ~ ~ Q ~ w ~~ ~~ ~ ~~ d~ _ ~; _ u ~, ~ ...~ ~ } 0 ~ L U ~ 4 ~ -~ t y-- +- 1 ~ r i ,. WZ -~ ~ ~;~ ~~ - ~,~ ~ J -r ~ U ~ ~ a - ~~ ~ ;_- ~ ~, ~. ` _ r. ~ ` `` .k-. ~~ ~, '_ `~: ~E y ~~, ` ; ~ ._ ~ ='~~, ~ j._ ~ ' ~ ~ _ 'I3 ' Monday, December 14, 1998 Page 1 of 1 11:32:04 AM Activity Detaii Report Activity Id 980000$37 -SIGN PERMIT APPLICATION Status: Closed Initiation Date: 11/10/98 Assigned To: 221 Origination: APPLICANT Owner: THOMAS D. ADAIR Property: 6220 COLLEYVILLE BLVD 901 JOHN MCCAIN RD LOT 2 BLOCK 1 PECAN GARDENS COLLEYVILLE, TX 76034 - 0 Inspections inspection Id: 980002026 Event Type: PERMIT APPLICATION PECAN GARDENS -129.5 S.F. ILLUM DIRECTORY SIGN - 10 FT FRONT SETBACK -SIGN PERMIT APPLICATION Scheduled on: Asslgned To: 221 FEE HAS BEEN PD - ELEC PERMIT HAS BEEN PD -TOM ADAIR, 901 JOHN MCCAIN RD - 481-4102 Actual Date: 11/10/98 Complete Date 11/13/98 Inspection Id: 980002027 Event Type: PERMIT APPROVAL FEES PD -PROPOSED SIGN CONFORMS TO CODE Scheduled an: Assigned To: 221 Actual Date: i 1113198 Complete Date 11/13/98