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12-16-2002 (Zoning Board of Adjustment) Minutes MINUTES ZONING BOARD OF ADJUSTMENT City Council Chambers Wylie Municipal Complex 2000 Highway 78 North, Wylie, Texas 75098 December 16, 2002 7:00 p.m. Notice was posted in time and manner required by law, and a quorum was present. Board Members Present: Staff Members Present: Eric Alexander Mary Bradley Weldon Bullock Terry Capehart Gerald Clark Dale Jackson Dennis Gibbons Marilyn Herrera Layne LeBaron Board Members Absent: Staff Members Absent: Wayne Morman Claude Thompson CALL TO ORDER Chairman Clark called the meeting to order at 7:30 p.m. CITIZEN PARTICIPATION No one was present to speak. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the October 28, 2002 Meeting. Motion was made by Mr. LeBaron, and seconded by Mr. Gibbons, to approve the minutes as submitted. Motion passed 5 — 0. (Mrs. Herrera being absent at the time). ZBOA Commission Meeting December 16, 2002 Page 2 of 4 PUBLIC HEARINGS 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). Capehart stated that 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 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. The applicant has expressed intent 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. 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. ZBOA Commission Meeting December 16, 2002 Page 3 of 4 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 are located off of the premises of the subdivision, which they promote. 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. 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. Dale Jackson, Building Official for City of Wylie, reviewed the conditions for the variance stating that there is not an ordinance for the type of sign that is proposed. Jackson stated that the request is for a City-wide program where large signs would be allowed at certain locations rather than certain restrictions for builders to place directional signs in the subdivision. When the builders presented the proposed large sign, the recommendation was to do a test case by putting the signs up in just a couple of locations and if approved by the Board Members, Commission, and City Council, then put up the large signs all over the City of Wylie. Scott Silvis, Fox and Jacobs Homes, 9229 LBJ Freeway, Suite 100, Dallas, Texas, represented as one of the builders for the sign, stated that the proposed sign would be located at 4 different locations between Brown Street and F. M. 1378 (Country Club Road). Home Builders Association of Greater Dallas, a non- profit organization, will maintain the signs. Paul Cauduro, 5816, W. Plano Parkway, Plano, Texas, representative for Home Builders Association of Greater Dallas, stated that these large signs are in place in Frisco, Texas as a Coordinated Integrated Program. The purpose of these signs is to do away with the small directional signs. The time, place and manner for the sites is approved by City Council in Frisco and would recommend that the same apply to City of Wylie. There was discussion with the applicants and the board members on the location of the proposed signs and size of the signs. Cauduro stated that these signs is a way finding system and the Home Builders Association of Greater Dallas as the third party administrator and would deal with the City and the builders for the locations. ZBOA Commission Meeting December 16, 2002 Page 4 of 4 David Landry, Centex Homes, 3315 Abingdon Drive, Richardson, Texas, recommended that the variance of the signs be located at least 1,000 feet away from another sign. Silvis stated that the reason for the request of four signs is there is four entrances to the developments, two off Brown and two off FM 1378, but these are different builders at each entrance. JJ Fleeger, Fox and Jacobs Homes, 9229 LBJ Freeway, Dallas, Texas, expressed concerns from the homeowners of visitors unable to locate the subdivision. The large signs would be a way finder for not only potential home buyers but visitors of homeowners as well, at least until the development is fully constructed. Mr. Clark closed the Public Hearing and opened up discussion between the board members regarding a temporary variance and how many signs to allow. Ms. Herrera questioned if another variance would be requested for the setbacks and size of the sign. Jackson stated that nothing has been submitted as to the exact locations of the signs, so the setback is undetermined. Silvas stated that a submittal will include the exact locations and that the signs will comply with the setbacks and square footage stated in the Sign Regulation. A motion was made to grant the variance for all four signs with a six-month duration in which the applicant is to work with staff and request from the Council a waiver exemption from the Sign Regulations for off-premises signs. Motion failed with a 3 — 3 vote. A motion was made by Mr. Gibbons, and seconded by Mrs. Herrera, to grant the variance for two signs one on FM 1378, and one for Brown. This is with a stipulation that the applicants present to Council and receive approval within six months from the date of this hearing for a panel sign. Motion passed 5 — 1, Mr. LeBaron opposing. ADJOURNMENT Motion was made by Mr. Bullock, and seconded by Mr. Alexander, to adjourn the meeting at 8:52 p.m. Motion passed 6 — 0. i�EL'G Gerald Clark, Chairman M y B dley, Secret