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HomeMy WebLinkAboutMin - Board of Adjustment - 2008 - 10/20 - Special CalledI ; V_ CITY OF ALLEN ATTENDANCE: Board Members Present: Sally Leeper, Chair Frank Brown, Vice Chair Alexander Kirk Gene Autrey Barbara McNutt Hugh Brown, Alternate Deborah Angell Smith, Alternate Board Members Absent: None City Staff Present: Ogden `Bo" Bass, Director Lee Battle, Assistant Director Tiffany McLeod, Planner Pam Conway, Senior Administrative Assistant Amber Slayton, Attorney Regular Agenda SIGN CONTROL BOARD Special Called Meeting October 20, 2008 Call to Order and Announce a Quorum is Present: With a quorum of the Board Members present, Chairman Leeper called the meeting to order at 6:00 p.m. in the City Hall Council Conference Room at Allen City Hall, 305 Century Parkway. Agenda Item 1: Approve minutes from the September 10, 2007 Sign Control Board Meeting. Chairman Leeper called for a motion to approve the September 10, 2007 minutes of the Sign Control Board. MOTION: Upon a Motion by Board Member Kirk, and a Second by Board Member Autrey, the Board voted 5 FOR and 0 OPPOSED to approve the September 10, 2007 Sign Control Board Minutes. The motion carried. I SIGN CONTROL BOARD PAGE 2 October 20, 2008 E Agenda Item 2: Public Hearing — Conduct a Public Hearing and consider a request for a variance for the Allen Heights Village Shopping Center to increase the copy area of an existing non -conforming multi -tenant sign. The sign is located at the Allen Heights Village Shopping Center, 1201 E Main Street. Tiffany McLeod, Planner, presented the case to the Board. She described the request and the location of the sign. The ordinance states that the Sign Control Board should consider the following reasons for the variance: the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved and the effect of the variance on the general plan for signing within the City. Staff does not believe that there are adequate reasons provided to justify a variance to allow the existing sign to increase in copy area. There is not a significant hardship or injustice involved and this request is contrary to the general plan for allowing signage in Allen. Therefore, staff recommends denial of the requested variance. Board Member Brown stated that disallowing this variance could cause a hardship for these businesses. He explained his thoughts on the difficulties businesses, especially small businesses, face especially considering our current economy Ogden `Bo" Bass, Director, explained that staffs recommendation should not be taken that we we anti -business. Staff is here to uphold the ordinance. Chairman Leeper opened the Public Hearing. Sally Anderson, Kelley Commercial, Representing the Allen Heights Shopping Center, stated that the request is based on keeping the tenants — some of the businesses don't have room on the current sign. Some are "mom and pop" and have no other means of advertising. She stated that due to the economic downturn, she requested that the Board approve the variance. Morey Young, 1340 Red Oak Trail, Fairview, stated that he is one of the anchor tenants (Marshall Arts and a real estate office). He stated that signage is needed and currently he has none. Shen Won, Suite 108, Allen Heights Shopping Center, requested approval of this variance. He has been in this space for 3 years with no sign. With no one else wishing to speak, the Public Hearing was closed. Board Member Autrey questioned Ms. Anderson about bringing the sign up to current code. Ms. Anderson stated that the owner is not financially able to do that at this time. Board Member Kirk stated that he disagrees with the Allen Land Development Code in this situation, but won't 'legislate from the bench" by granting a variance. He stated that if the Sign Board denies the variance — the applicant can appeal to the City Council. I SIGN CONTROL BOARD PAGE 3 October 20, 2008 Ms. Anderson stated that all the tenants are "for" the approval of this variance and many wrote letters of support. The letters will be attached to these minutes for the record. Board Member McNutt questioned why the sign was not originally designed for the number of tenants? Ms. Anderson was not sure. She stated even if the variance is granted, there is not enough space for all tenants. Board Member Brown again stated that the economic downturn is a valid reason to grant the variance. Chairman Leeper stated that the economy is very difficult right now The intent of the Council was for all signs to comply with the ordinance and for pylon signs to eventually go away. Many already have been replaced with monument signs. Allen Heights Shopping Center has always had a lot of tenant tum -over. Every tenant does not get their name on the pylon sign — this is the case for any shopping center. This shopping center does not have any special conditions or hardship compared to any other shopping center in town — all shopping centers are facing the same challenge. Their would need to be a condition or hardship that was different from other shopping centers. Board Member Kirk stated that as a consumer, it is difficult to find some businesses with such small signs (monuments). His suggestion was just for the applicant to take this on to the Council. Chairman Leeper suggested that the Board review the sign ordinance in the future for discussion and possible amendments. Mr. Bass stated that staff would follow that direction and place a discussion item on an upcoming agenda for review Chairman Leeper requested a survey of surrounding Cities to give the Board information about what is being allowed in neighboring communities. MOTION: Upon a motion by Board Member Autrey and a second by Board Member McNutt, the Board voted 4 FOR 1 OPPOSED to DENY the request for a variance to increase the copy area of an existing non -conforming multi -tenant sign for Allen Heights Village Shopping Center. Board Member Brown was Opposed. The Motion Carried. Agenda Item 3: Public Hearing — Conduct a Public Hearing and consider a request for a variance for the Arts of Collin County to allow an increase in maximum allowable area for a temporary sign. The property is 100± acres of land located south of SH121 and east of Custer Road. Mr. Bass, Director, presented the request to the Board for the Arts of Collin County. Mr. Bass described the location of the property and the zoning and intended use. He stated that the only traffic was from SH121. The proposed sign will contain renderings of the Arts Park Project as well as project information. Due to the amount of content, the request is for 288 square feet. Mr. Bass SIGN CONTROL BOARD PAGE 4 October20,2008 stated that the Arts of Collin County believes the sign is essential to communicating the project's design to the public as well as drawing potential donors and/or developers. Staff is recommending approval of a variance due to it being temporary in nature, a community oriented project, and high speed of the traffic on SH121. Board Member Kirk agrees, but wants to support the ordinance as written. He stated that the sign could be made smaller and still be effective. Mr. Bass suggested 192 square feet as an altemative. This is simply combining the allowed square footage into one sign. He also stated that this is a single -sided sign and would be temporary, renewable each year if needed. Chairman Leeper opened the Public Hearing. No one was present to speak. Chairman Leeper closed the Public Hearing. Board Member Autrey questioned if a traffic count had been done. Mr. Bass stated that he was not aware of any for this specific request. The Board continued to discuss the size of the request and Chairman Leeper stated that the request for 288 square foot was practically the size of a billboard. Chairman Leeper and Board Member Autrey agreed that they could support a variance of 192 square feet. Board Member Kirk agreed, stating that would be a combination of the two allowed signs. Chairman Leeper, Board Members Autrey and McNutt were concerned about installing the sign parallel to SH121 rather than perpendicular—that may not be the best way. The Board noted that they were disappointed that no representative from The Arts of Collin County was present at the meeting. MOTION: Upon a motion by Board Member Kirk and a second by Board Member Brown, the Board voted 5 FOR 0 OPPOSED to APPROVE the request for a variance to allow an increase in maximum allowable area for a temporary sign to 192 square feet, for The Arts of Collin County. The Motion Carried. Agenda Item 4: Discussion on signage integrated into mesh construction fences. Mr. Battle, Assistant Director, presented the discussion item regarding the mesh construction fences. Currently the sign regulations do not permit signage on construction fencing. Developers have recently asked if the City would consider allowing mesh construction fencing with signage. Their desire is to promote new development while under construction as well as provide a visual barrier of the construction site from public view. I E J SIGN CONTROL BOARD October 20, 2008 PAGES Board Member McNutt stated that it would be effective if it's not too much of a distraction. Board Member Autrey stated it should also be well maintained as long as it is in place. Board Member Brown stated he likes the mesh fencing to block the construction site with or without the signage. Chairman Leeper stated that without too much clutter, it would be fine. Neat and controlled — possibly with some rules for keeping it from being too much clutter and a distraction. Agenda Item 5: Discussion on freestanding signs at bank drive-throughs. Mr. Battle, Assistant Director, presented the discussion item for freestanding signs at bank drive- throughs. He stated that the ordinance would classify this as a free standing sign. There are already exceptions in our ordinance for electronic message centers at drive-throughs. A staff concern is what other businesses may request this type of signage. Board Member Kirk stated that he has no problem with signs internal to the property — he is open to this. The message is for the customer using the bank, not to attract new customers. Chairman Leeper expressed concern with the signs being a distraction to drivers trying to read them as they we driving down the street. Mr. Battle stated that the size of the signs hasn't been discussed yet and they could even be a sign (or the text of the sign) that is changed out on a regular basis. Staff prefers something more permanent that would still allow for the message on the sign to be changed out as needed. This is not consistent with the sign ordinance and policies limiting the amount of freestanding signs. Adiournment Motion: The Board adjourned the Sign Board meeting at 7:20 p.m. These minutes approved this day of Chairman 2009. Pam Conway, Sr. Administrative Assistant Edward Jones Investments 1201 E. Main Street, Suite 240 Allen, TX 75002 City of Allen Planning & Zoning Department city lean 305 Century Parkway Allen, TX 75013 Dear Planning & Zoning Committee: We are current tenants at the Allen Heights Village Shopping Center at Main Street and Anrn Heights. We are writing in regards to the request to add additional signage for our shopping center. Many of the tenants cannot advertise because the sign does not have enough space to include their company name. Several new tenants are moving in and want to place their name on the sign but there is just not room. Six more tenants would be able to advertise their business on the marquee with the proposed change. It will help draw attention to their business from both Main Street and Allen Heights. This can made a major difference to the additional wank in business that these tenants may be able to incur thus helping the City Of Allen in turn. Please consider approving the request for the expansion of the marquee sign at Allen Heights Village Shopping Center. It can only help in additional revenues for both the businesses and the city. Thank you for your time and consideration of this matter. Sincerely, G/�f asw J. Maurice White Financial Advisor Edward Jones Investment Cci C ,Finger & Toe 1201 E Wain Street Suite 130 . a6z, Texas 75002 (acini Tran, Owner) September 1, 2008 City of Allen Planning d Zoning Department City Hall 305 Century Parkway Allen, TX 75013 To Whom it May Concern: I am currently a tenant at Allen Heights Village Shopping Center located at 1201 E. Main St.A130, Allen 75002. We are writing to request that City of Allen approve additional signage allowance for marquee at the Center. Many tenants have not been able to advertise on sign due to lack of available space. Mew tenants would also need space to advertise their business All businesses would benefit from additional advertising within the Center that could be seen directly from Main Street and Allen Heights It would also benefit the neighborhood as would draw additional tenants as well as customers, keeping the Center occupied. Your approval for the expansion of signage on the marquee would be greatly beneficial to all concerned. erely, 1z'; Kim Tran Finger 6 Toe I L August 25, 2008 City of Allen Planning s Zoning Department City Hall 305 Century Parkway Allen, TX 75013 RE: Marquee sign To Whom It May Concern: I have a business at 1201 E. Main St. STE 280, Allen, TX (Young Donuts). As a tenant, it is important to have any visible signage in my surrounding business neighborhood. This would include a banner, roadway sign, marquee sign, etc. We want to advertise out business in any forms of matter possible. Please consider amendment to enlarge the marquee sign at 1201 E. Main Street, Allen, TX. Sincerely, g H ee 'Young Donuts I C Jason Reed, Agent O 1201 F Main Ste 150 Allen, TA 75002 39W pus 972908 k48 Fav972%83449 lasoveed mss®sla onni,r. September 5, 2008 City of Allen Planning and Zoning Department City Hall 305 Century Parkway Allen, TX 75013 To Whom It May Concern: Providing Insurance and Ftnamal Services As an independent business owner, advertisement is a vital part of our business. The marquis that is currently out front is too small for all the businesses here to advertise on and is too small to be seen by passing traffic. Please approve our signage request so that we can all take advantage of being seen by the citizens of Allen and contribute to the citys growth as a whole. Feel free to contact me with any questions you may have. Best Regards, ason Reed, Agent State Farre Insurance and Financial Services 972-908-3448 (office); 972-008-3449 (fax) w jasonnxtlagentocm I Cs CASTLE REALTY 1201 E. MAIN ST. SUM 200B ALLEN, TEXAS 75002 972-390.9126 TO: CITY OF ALLEN PLANNING AND ZONING DEPCARTMENT CITY HALL 305 CENTURY PARKWAY ALLEN, TX. 75013 SUBJECT. LACK OF SIGNAGE SPACE MARTIAL ARTS FITNESS CENTER 1201 E. MAIN ST. SUITE 200 ALLEN, TEXAS 75002 972-290-9122 I operate several business at the Allen heights Village. I have been in.Real Estate/ Mortgage and WA flumes for over 30 years. I was led to believe by the Landlord, KCRE properties that I would be able to have ample signage as to represent my Both companies hero. I bave none since there is no place to put them Resultantly I am loosing considerable rm mre due to lack of tra%c. I have been a long time resident and tax payer in Allen and Collin County since 1995. I firmly believe that the addition Of additional signage apace would be a great boon to us all. Comvasely, , the continued lack of appropnote advertising opportunity could give me the incentive to seer another Site-- Perhaps outside of Allen where sigrwge is in abundance. My two business comprise anchor tenancy bare in the center and a larger roll of taxes of course are absorbed. Hopefully we can all come to agreement om expanding our sign needs. If you have any questions please do not hesitate to call me. RespaxNrlly submitted Morris J. Young-PbD Broker/MB, GRI SEP 09,2008 17:92 2195099170 page 1 Jim aerrins The Kid Salon Inc. Allen, TX 75002 September 8, 2008 City of Allen Planning & Zoning Dept. City Hall 305 Century Parkway Allen, TX 75013 Thar City of Allen: My mane is Jim IJerrios and I own'lhe Kid Salon. Weare a specialty children's hair salon in Allen located in the Allen Ileights Village. We are asking for approval from Ute City for six additional sign space allotments for our existing marquce sign, acing able to advertise our business on this marquee would greatly benefit our business. Plase, give great consideration in approving Ibis sign space addition. Thanks in advance for your time and efforts. Sincerely, �� •Jim—A. Been The Kid Salon Inc. Prusident Cz Jul 29 08 05:56p Easton 972-747-0848 p.l Sublime Chocolate 1201 E. Main Street Ste. 230 Allen, Texas 75002 (972)747-0848 September 5, 2008 City of Allen, Planning & Zoning Department Cny Hall, 305 Century Parkway Allen, TX 75013 RE: Variance for Existing Marquee Sign To Whom It May Concern, I, as a business owner and being in business forjust over a month, would like to acknowledge the important part that having a prominent sign does for the -walk-in" portion of my business. These days, with so many people on the go which means they are mostly driving, it is so easy to miss going into a shop that these people might easily seed for example they were walking through a mall. ® Just yesterday l had acustomer tell me that they don't normally coming to this shopping center but saw my sign and made the effort to park and come In. I truly believe if more businesses have this same opportunity to advertise using not only their store signs but also the marquee sign under the Allen Heights village street sign, it would go a long way to expanding their customer base. Being not only a business taxpayer in Allen but also a residential taxpayer in Allen, I see both sides as far as having local businesses close and successful. Not only does this benefit the City of Allen but it also benefits us as residents because we don't have to travel to Plano or McKinney in order to go to a restaurant or buy something that we can't find in Allen. Please consider Allen Heights Village for the six additional spaces on the Marquee street sign. Thank you very much for taking the time to read my letter. Sincerely, ay ast n Owner/Ch Iatier of Sublime Chocolate AS FROM :MJIDN CPR FAX H0. :Y 7560M Sec. 07 2098 89:44PI1 Pl 1 KUMON MATH. READING. SUCCESS. Kumon of Allen — East 1201 E, Main Street, Ste, 108 Allen, TX 75002 City of A972.908.2508Allen Planing & Zoning Department City Hall 305 Century Parkway. Allen, IX 75013 September 6, 2008 To Whom It May Concern: This letter is to milucsl to have Kumon Pylon sign up again at the NW corner ofAllcn Heights MN i IS Ina We have been in business in the said location since Nov. 2005 and strived to survive since then. We have contacted the landlord to have a Kumpe pylon sign since day one at the location. However, these were no spaces for Kumon Pylon sign. We have been waited for mom than two and half iyea[rss until Hoofing Kong Express Chinao restaurant went out of II business lin May II 2008.. It 0 9 fill gpml '!b �m ul Kumon pylon Mr wl1IG1 will allow dnvem and pednbrans to see our Kumon confer from B. Main Street UnfbM,u%Iely, three months later our Kumon pylon sign was disapppmd without us being In(otifod. A new tma'nnI, LUlIoky Wok ChinxWJapenese Re ntamany moved in andtookdown Kumon pylon sign mLut consulting us on pone M MJ!ng a Wlyden notice. lNa went m visit Lucky Wok owner and he made an apology of his wrong doing. 7be owner explained that he took over the commercial space that Hong Kong Express was and he needed more business exposure, which is exactly the same story as ours. He thought he has the right to retake the pylon sJP space used by the deflmct Hong Kong Express without even mliumling landlord or us. He even said than the contract he signed with landlord has the provision allowing him to do se. This dlplaiQHa m0Nd10Wb'N4.iusnotrabPNsJJ%our Mquos�6reimburseus the cost of having Kumon pylon sign up at the shopping square. We could net but 00111/1/1 the landimd. The landlord is willing to expend the pylon sign space out of his pocket to help histanenta. We would appseciata if City of Allen wuuldapprove the IgndlOfd'd fMUM m expand axlelinR CON Id tla Clapping eQUE to Mid unnmgW diMa among nxiants Silting fa limited Pylon sign spaces at the shopping square. Sincerely, Alice We"D CPA MBA Direcmr of Kumon of Allan -