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12-16-2002 (Zoning Board of Adjustment) Agenda Packet AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, December 16, 2002 7:30 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the October 28, 2002 Meeting. PUBLIC HEARING AGENDA 1. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 8.A.2. of the Sign Ordinance) in order to permit a multi-sign program, including four (4) off-premises development signs for the Birmingham Farms residential additions, these signs to be located on Country Club Drive (F.M. 1378) and West Brown Street (F.M. 3412). (ZBOA Case No. 2002-20) Posted Friday, December 13, 2002 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. Zoning oar of Ad . us men s , . . ,, . ,,, , . , c . , , , , .. , „ , , , , . i or t a i . ' S' S 1 1 ' ; 4 i ' 11111 A 1 3 g i 9 z J 3 k} i wm.mtt �4•.,.. w+ +�,v riles. rwnroa awuv b Ie Y December 16, 2002 Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, December 16, 2002 7:30 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the October 28, 2002 Meeting. PUBLIC HEARING AGENDA 1. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 8.A.2. of the Sign Ordinance) in order to permit a multi-sign program, including four (4) off-premises development signs for the Birmingham Farms residential additions, these signs to be located on Country Club Drive (F.M. 1378) and West Brown Street (F.M. 3412). (ZBOA Case No. 2002-20) Posted Friday, December 13, 2002 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. If . eitV of Wy Public Hearing Item No. 1 ZBOA No. 2002-20 Zoning Board of Adjustment Public Hearing: December 16, 2002 Owner/Applicant: Scott Silvis For Fox and Jacobs Homes Location: Country Club Drive (F.M. 1378) and West Brown Street (F.M. 3412) at Talladega Drive, Park Boulevard, Sanden Boulevard, and Westgate Way Request: Variance of Section 8.A.2. of the Sign Regulations to permit four (4) off-premises temporary development signs, as the prototype for a City-wide amendment to the Sign Regulations to be proposed Background: Several residential subdivisions of the larger Birmingham Farms properties and planning concept were Final Platted and construction initiated in June of 2001 as Birmingham Farms Phases 2 and 3 and the Meadows of Birmingham. Each of these subdivisions is located some distance from the perimeter major thoroughfares of Country Club Drive and West Brown Street. At least three different house builders are constructing within these subdivisions. The applicant desires to erect four development signs along Country Club and Brown which will attract attention to and direct traffic into all three of the Birmingham residential subdivisions and in order to promote the three different house builders. These signs would not be located on property included within the developments which they promote but are to be off-premises signs located on other properties. These signs are intended by the applicant to serve as the prototype for an amendment to the Sign Regulations to allow a City-wide system of off-premises signs which collectively promote new residential subdivisions and other points of destination within Wylie ZBOA 2002-20 The applicant had earlier erected a somewhat similar development sign only for the Birmingham Farms Phase 2 Addition by Fox & Jacobs which was illegally located on property other than a platted part of the subdivision. On August 26, 2002, the Zoning Board of Adjustment denied a request to allow that earlier sign to remain and it was subsequently removed. The new Sign Regulations (adopted August 27, 2002) define a development sign as "a temporary on-site sign providing identification or information pertaining to a residential or commercial development and may include the builder, property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee, within that development. Section 8 regulates such temporary development signs and states that they "must be related only to the property on which they are located" thereby prohibiting off-premises signs which are not located on the property they are intended to identify and promote. Section 3.M of the Sign Regulations states that appeals of the provisions of the Sign Regulations shall be heard by the Zoning Board of Adjustment. A simple majority of the Board in favor of the variance is required to approve any variance. No proof of hardship is required to grant a variance. In considering a variance request, the Board shall consider the following criteria: • the variance maintains the spirit and purpose of the Sign Ordinance; • the effects of the variance on the protection of public safety and welfare and of neighborhood property values; • the type of sign; • the degree of variance; • the reason for the requested variance; • the location of the sign and existence of other signs in the general area; • the duration of the requested variance; and • such other factors as they deem pertinent to the specific request. The decision of the Zoning Board of Adjustment shall be final. Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of twenty- one (21) properties within 200 feet of this request as required by State law. Two Comment Forms have been returned at the time of this posting, both opposing the requested variance. ZBOA 2002-20 2. On August 27, 2002, the City Council adopted the current Sign Regulations. Section 8.A.2. states that development signs "must be related only to the property on which they are located", thereby prohibiting off-premises signs. The applicant attended the public hearing at which the Council adopted these provisions and unsuccessfully spoke in favor of off-premises signs for developing subdivisions. The previous sign requirements of the Zoning Ordinance, in effect since 1985, also defined development signs as "temporary on-site" signs "related only to the property on which they are located". The request does not comply with the historic spirit of the Sign Regulations. However, it is the expressed intent of the applicant to propose to the Council an amendment to the Sign regulations which will allow a system of off-premises signs for developing subdivisions. The proposed program might include larger way-finder kiosk signs at several entries to the City which list the names of new subdivisions and other points of destination within Wylie. The applicant is supported in this proposal by the Homebuilders Association of Greater Dallas, which has researched such cooperative sign programs in other municipalities (see attached letter), but the support of competing builders and subdivisions which are assumed to be placed on the sign has not yet been verified. This proposal has not yet been presented to the Council for consideration, and details such as number of signs and number of participants on each sign, location and size of the signs, and message/wording have not been finalized. The current applicant of the subject variance request desires a sign sooner than such a City-wide program amendment can be adopted by the Council, and envisions the current request as providing a prototype by which to evaluate the proposed City-wide system. 3. On April 24, 2002, the City Council approved three Planned Development Districts for additional phases of the Birmingham Farms properties. The adopted Development Conditions of those PDs, as drafted and accepted by the Birmingham Farms owners, allows off-premises development signs for those three developments but only when the signs are located on those properties and promote property owned by Birmingham Farms, LTD. The current request for variance does not qualify for an off-premises sign under the conditions of these PDs. However, the broader City-wide system which the current request is intended to prototype, is similar to the provision of the earlier approved PDs. 4. Other provisions of the City code will assure that, if and when erected, the subject signs will present no visibility obstructions to traffic on Country Club or Brown. The signs will comply with all other requirements of the Sign Regulations with the exception that they will be located off of the premises of the subdivision which they promote. ZBOA 2002-20 5. The request is not for a variance of requirements of the Sign Regulations, but for a complete waiver and elimination of a specific requirement, and is therefore contrary to the philosophy of that requirement and to the overall spirit of the Regulations. The City Council has on at least two recent occasions directly related to the subject request and properties (with the adoption of the Sign Regulations and approval of the Birmingham PDs) affirmed that the spirit of the Regulations is to prohibit off- premises signs. Although the applicant intends to propose to the Council the similar City-wide system of off-site development signs, he indicates that he does not have time for such to be considered by the Council. 6. The applicant contends that a sign conforming to the current Sign Regulations, located on land within the Birmingham Farms 2 subdivision approximately 800 feet from Brown Street, is difficult to see by traffic along Brown. In August, the Board of Adjustment considered this argument and denied the earlier request for off- premises development signs (see attached photographs of earlier denied sign). By State law, the decision of the Board is final and the only appeal is to the District Court on procedural grounds. The applicant contends that the current request is sufficiently different from the request denied in August to allow consideration by the Board as a completely unrelated new request rather than an illegal appeal of the previous decision. 7. Sanden Boulevard connects the subject subdivisions to Brown Street at a distance of at least 800 feet, and the residential lots are not clearly visible from the perimeter streets. The applicant contends that off-premises signs are necessary to identify and direct traffic to theses subdivisions which are not directly along the major thoroughfares and that the name recognition and reputation of his housing product alone is not sufficient to encourage potential buyers to drive this distance. However, the applicant purchased and initiated development of the Birmingham Farms 2 subdivision with no provision for an off-site location of a sign although the Wylie code has prohibited off-premises signs since 1985. 8. Regardless of its location, development signs including those of the subject request, are permitted only temporarily, as the Sign Regulations limits the duration of such sign until the project is 90 percent completed. Attachments: Location Map Sign Design HBA Letter of Support Notification List and Map Photographs of Previous Sign/Request to ZBOA 11u1iu111111� � � , ` moIm in r,10% %�iniii vv 1 I f """" n"' tall ., nnll_nnn•1s-!�p��;, r t hrniuui. 1 111111 1�' , •mi iamni11►•,,,0�� • i . nnn.11111111- :_nnnn l �� iuuili&&,12' ❑ S,,&$i 1111111 cios 1111i ,�t !HIUininomw� �l .y. i �,`g� i i- �//lli�ll - ■ i 'I 4 1ts r�`.ii a ■■ = r 1iIIiT U ■ ■ k •4ri1.p LL Subj= t -linu ,. . :limn i_ni7n_ - Pro. -� .. • nn.._ �-- I 4W °. =.= inin pump Ow !- I- ' 1111111111.11110. .� ".4." . �� a1jin+,:: NJ aid. „r PIAmieumutik, 14-....\,,,,-„vw. -4 #44k=s lin IINIVI 1 I IF. ' .. %mow dit , ' •si(Afi 2=--41 NE tr , taig 1 / / i [ LI - r .. .„.. _ r 6` A Evsiriootra� um r rennaiie ,-v tma ■. eIlli/pi 1 u •lnumn►y 41�.11 un /PtI 1,111�1uui �":♦ .� amu ihm: r tt Ilp ,_ unpin i . ,n, A Sign Locations :unllln I I e minim' ���.Y- _lulu wt LOCATION MAP ZBA CASE #2002-20 TOP PANEL: BKG-280 Blue;COPY-Cream 14"PANELS: TOP 6:BKG-Cream;COPY-280 Blue BOTTOM:BKG-280 Blue;COPY-Cream POLES-280 Blue;BALLS-Shiny Gold 29" r/ft \h:vc Ilea[- city of Wyii� F Twin Lakes a+ Birmingham 4 Oak Meadows 12' T Cimarron Estates City Hall/Police 14" ww .Wyilehomes.com 8' City-Wide Way-Finders KIOSK Proposed by Homebuilders of Greater Dallas as an Amendment to Wylie Sign Regulations oLDERsitisso '$) MBA "' of Representing the Interests of the Home Building,Multifamily Construction&Remodeling Industry in North Texas Greater allas OFFICERS December 11, 2002 President Claude Thompson George Lewis,CGB,GMB h George Lewis Custom Homes Planning Director 2000 Highway 78 North First Vice President Wylie, TX 75098 Gaylord Hanes,CGB,GMB Homes By Hanes Inc. Dear Claude: Vice President/Secretary Bob Pavlis One Tuesday, December 3,we met to discuss home builder signage in the Bradford Homes,Inc. City of Wylie. Central to this discussion was the concept of sign towers, or "kiosks", that are placed at strategic points along the thoroughfares. These Treasurer kiosk are comprised of signpanels that provide the names of new home Michael Choucalas,CGB,GMB,CGA h Custom Stone Supply subdivisions accompanied by arrows that provide way-finding assistance to drivers seeking these destinations, Executive Vice President &Chief Executive Officer Robert Morris,BIAE At our meeting you asked for more details about the kiosk program and in response I submit the following: Affiliated with the National Association of • The kiosk sign program is a way-finding signage system that assists the Home Builders and buying public and creates a cleaner, more aesthetically pleasing Texas Association of Builders streetscape. The signs are used to list the names of new home subdivisions and can be augmented with similar,but smaller kiosks, located outside the individual subdivisions that list the names of the builders active in the subdivision. • A third party administrator approved by the City Council operates the kiosk sign program. The operator's responsibilities and performance standards are defined in an signed agreement. • The third party operator's responsibilities and performance standards include, but are not limited to; sign erection, maintenance, removal, program marketing, panel placement, and insurance. • All sign locations are approved by City Council. • Once the subdivisions reach substantial build-out, the signs are removed. esTHE C0,44.1, •unDs`' 5816 W.Plano Pkwy.■Plano,TX 75093-4636 I•(972)931-4840■FAX(972)267-0426■infoOdallasbuilders.com■http://www.dallasbuiiders.com The Home Builders Association of Greater Dallas (HBA)wishes to become the third party operator of the sign program should the City of Wylie choose to pursue the concept. The HBA has the organizational capacity and the established relationships with developers and builders to make this a viable program for the home building industry, the buying public and the citizens of Wylie. I look forward to discussing this program in detail with you and the Wylie City Council during the months to come. If you have any questions or require additional details please contact me at(972) 931-4840 ext. 13 or by email at pcauduro@dallasbuilder.com. Sincerely, Paul Cauduro Director of Government Relations POLES-280 Blue;BALLS-High Shine Gold T I 20°I NEW HOMES BKG-280 Blue COPY-White city of Wylie iniiiiiiiiiiiim BIRMINGHAM BKG-280 Blue COPY-White F, RYLAND HOMES BKG-342 Green COPY-White From the $120s 4 CENTEX HOMES BKG-280Blue COPY-White From the $130ti 1 0' .X FOX&JACOBS HOMES BKG-3005 Blue COPY-White From the $110s Oh BKG-540 Blue;COPY-White TSun-131 Yellow From the $000s "Homes"-Grey BKG-280 Blue NO COPY BKG-280White Blue 12" www.wvliehomes.com COPY- 6' ZBOA 2002-20 TIT LJ -' 11 L1f11lIlIllf- 111111.1- ,.: : ♦ /'9P' - M. . 1gç . . .. - U 400 7 jluhliilu. r 4 t _ Fmelee EE mg r 1 1 ... lulL 11 Ima NI -MINI, L-14 1pam MI 'II MI kr. Ili 11521414 /* liiinia eviiiiiiiiitith iriti r 4-/*- ----:%; 44. iVNIAN.* 4P, 1 1 • *7 .-„4 * / :* **, II { iI ,West Wrown r se.ea . r • MI, , i t I • 1LI -, I ��r�ii o �E+-� , �ii •■= �- ;;Z , iiil • ( Ooo / .2A rJ 4 'Zo02 20 NOTIFICATION REPORT APPLICANT: Scott Silvis- Fox&Jacobs APPLICATION FILE ZBA#2002-20 9229 LBJ Frwy, Ste 100 Dallas, Tx. 75243 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 9229 LBJ Frwy, Ste 100 1 Scott Silvis- Fox&Jacobs Dallas, Texas 75243 Westgate I 604 Gateway Bend 2 Blk 18 Lot 1 R R-2151-018-001 R-1 Damon Ainsworth Wylie, Texas 75098 Westgate I 602 Gateway Bend 3 BIk 18 Lot 2R R-2151-018-002R-1 Dwight Cole Wylie, Texas 75098 Westgate III 700 Gateway Bend 4 Blk C Lot 1 R-3952-00C-0010-1 Aretha Harris Wylie, Texas 75098 702 Gateway Bend 5 Blk C Lot 2 R-3952-00C-0020-1 John Pitts Wylie, Texas 75098 2608 Inwood Road 6 Blk C Lot 3 R-3952-00C-0030-1 Wildwood :Homes LLC Dallas, Texas 75235 17519 Muirfield Drive 7 Abst 1021 Tract 2 R-7021-000-0020-1 Birmingham Land Ltd. Dallas, Texas 75287 17519 Muirfield Drive 8 Abst. 22 Tract 1 R-6022-000-0010-1 Birmingham Land Ltd. Dallas, Texas 75287 2800 Surveyor Blvd. Bldg 1 9 Abst. 22 Tract 13 R-6022-000-0130-1 Centex Homes Carrollton, Texas 75006 6800 Coit Road 10 Abst. 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Plano, Texas 75023 P.O. Box 902 11 Abst 266 Tract 38 R-6266-000-0380-1 John Ereckson, Jr. Wylie, Texas 75098 P.O. Box 1404 12 Abst 266 8 R-6266-000-0080-1 John Ereckson Wylie, Texas 75098 P.O. Box 431 13 Abst 266 9 R-6266-000-0090-1 Ledon Bramlett Wylie, Texas 75098 McMillen Estates 1355 FM 1378 14 --- Lot 1-9 R-3251-000-0019-1 Tommy Langston Wylie, Texas 75098 17519 Muirfield Drive 15 Abst. 22 Tract 1 R-6022-000-0010-1 Birmingham Land Ltd. Dallas, Texas 75287 109 W. Jefferson 16 Abst 716-2 Tract 33 R-6716-002-0330-1 Wylie United Methodist Church Wylie, Texas 75098 4975 Preston Park Blvd #360 17 Abst 716-2 Tract 28 R-6716-002-0280-1 Shaddock Developers Ltd. Plano, Texas 75093-3646 1755 FM 1378 18 Abst 716-2 Tract 31 R-6716-002-0310-1 Matthew Butschek Wylie, Texas 75098 17519 Muirfield Drive 19 Abst 629 Tract 9 R-6629-000-0090-1 Birmingham Land Ltd. Dallas, Texas 75287 2800 Surveyor Blvd. Bldg 1 20 Abst 629 Tract 19 R-6629-000-0190-1 Centex Homes Carrollton, Texas 75006 Collin County 210 S. McDonald Street 21 Brown Street Commissioner's Court McKinney, Texas 75069 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-20. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-20. Date,Location&Time of Zoning Board of Adjustment meeting: Monday, October 28,2002, 7:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: tI Ot. Ccsf‘c-¢s.--4)• k.oe_ S (please print) Address: Ito$00 C.c t r `c►c>d .75ei2S Signature: S coARJ• \-Q\\S Date: k‘- 'as - COMMENTS: Q(>4 ec\Comae. G1n Q6'G�ca. '‘CM \. \{.D IAA - 4°2•`-s\ CI! G\\CAS . GNt>Q ec LL1N,Q-\ cacan. stC\„\ 4c� �� ; 5 Pica c-� f v S I \ko og c1” PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-20. 1 am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-20. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,October 28, 2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: C ( 6 (please print) Address: / -7 F tv\ I ,s' Signature: Date: I 1' 1 c1—CI 2i COMMENTS: -Q -! L� CXC ti ZBOA Case No. 2002-09 Birmingham Farms Phase 2A— Sign Variance �.�aCOasti<»,t • $is ningham�illage 'sae N=etic.linr I -- 'mow.-a:.�,.,-:_.:. .•.[., r • View of subject sign looking west on F.M. 3412 (West Brown Street) at Sanden Boulevard. • s.Y.. ` Looking south from nearest lot toward sign on F.M. 3412 (West Brown Street).