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HomeMy WebLinkAboutMin - Board of Adjustment - 1988 - 05/17 - WorkshopALLEN SIGN CONTROL BOARD WORKSHOP MEETING MAY 17, 1988 ATTENDANCE: Board Members Present: George Chrisman, Chairman Harold Biggs Bruce Kleinschmidt Randall Leverett Board Members Absent: Sheila Curtis City Staff Present: Joseph Del Ferro, Environmental Health Inspector Sally Leeper, Secretary CALL TO ORDER: The Allen Sign Control Board was called to order at 7:30 p.m. by Chairman Chrisman, at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes May 10, 1988 (Agenda Item II) Chairman Chrisman read the agenda item into the record as follows: "Approve minutes of May 10, 1988, Regular meeting." MOTION: A motion was made by Board Member Biggs and seconded by Board Member Kleinschmidt to approve the minutes of May 10, 1988, as presented. Board Member Leverett stated that the wording on page 4, paragraph 4 should state that the letter was received "from" Mr. Dismukes. Board Member Kleinschmidt withdrew the second to the motion, and Board Member Biggs withdrew his motion. Upon a motion by Board Member Biggs and a second by Board Member Kleinschmidt, the Board voted 4 FOR and 0 OPPOSED to approve the minutes of May 10, 1988, with the correction stated above. ALLEN SIGN CONTROL BOARD MAY 17, 1988 PAGE 2 Consider Annual Review of Siren Ordinance (Aeenda Item III Staff provided the board with pages from the Sign Regulations Ordinance indica- ting wording suggested for removal as well as wording suggested for inclusion. These pages have been made a part of the agenda packet for reference purposes. The Board reviewed the items shown and took the following action. Definitions: The first item discussed was the suggested wording to be added to the Defini- tions section regarding "Gross Surface Area of Sign." MOTION: Motion was made by Board Member Biggs and seconded by Board Member Leverett, to recommend the addition of the following wording to the Definitions section of the Sign Regulations Ordinance under "Gross Surface Area of Sign." "Exception: Gross surface area of Class 6 off -premise freeway signs as described in Section 3, Paragraph F (Class 6 - Freeway Signs) which are oriented to be visible from that expressway shall allow two (2) sign facings, back to back, not to exceed 268 square feet per sign face. The gross surface area does not include the base or apron, supports, or other structural members." The Board voted 4 FOR and 0 OPPOSED, and the motion carried. Class 1 Minor Signs, Paragraph 12 The next item discussed was Class 1 Minor Signs, Paragraph 11 and 12 regarding the placement of weekend directional signs. The Board discussed the difference between homebuilder signs and realtor open house signs. The term "parkway" was discussed and it was the consensus of the Board to not use this term since a clear definition was not available. The Board considered the term "realtor" and the possibility of changing the term to "realtorlbroker" to more clearly distinguish them from a homebuilder. MOTION: A motion was made by Board Member Leverett and seconded by Board Member Biggs to recommend the addition of the following wording to Class 1 Minor Signs, Paragraph 12: 12. Temporary "realtor/broker (open house)" ..... Exception: These signs are prohibited in any street median, "or on residential property abutting and/or including thoroughfare right-of- way without the consent of the property owner." "No more than three temporary realtor/broker open house directional signs may be displayed off-site for one location or sale without a permit. When this number if exceeded, the same requirements as ALLEN SIGN CONTROL BOARD MAY 17, 1988 PAGE 3 Consider Annual Review Sign Ordinance (Cont.) (Agenda Item III) temporary homebuilder directional signs shall apply in their entirety, and shall be classified as a Class 4 sign." The Board voted 4 FOR and 0 OPPOSED and the motion carried. Class 1 Minor Signs - Paragraph 11 The next item discussed was paragraph 11 of Class 1 Minor Signs, regarding the temporary homebuilder weekend directional signs. Staff has recommended the removal of this paragraph from Class 1 Minor Signs, and placement in Class 4 Temporary Promotional Signs as paragraph 7. MOTION: Upon a motion by Board Member Biggs and a second by Board Member Leverett, the Board voted 4 FOR and 0 OPPOSED to remove paragraph 11 from Class 1 Minor Signs and place this item in Class 4 Temporary Promotional Signs as proposed by staff. Discussion was held and it was the consensus that the same wording as used in Class 1, paragraph 12, for the exception paragraph should be used. MOTION: A motion was made by Board Member Leverett and seconded by Board Member Kleinschmidt, to recommend the inclusion of the following wording under Class 4 Temporary Promotional Signs, as paragraph 7. "Temporary homebuilder directional signs located off the premises being advertised providing such signs do not exceed four (4) square feet in area and must contain the name of the subdivision or the name of the builder or the name of the building corporation and may contain the corporation logo and directional indicator. Such signs may not obstruct vision of traffic or pedestrians and may not be con- structed of cardboard and must be kept well painted and in good condition and may be utilized only from Friday at twelve (12) noon until the following Monday at twelve (12) noon. "Exception: These signs are prohibited in any street median, or on residential property abutting and/or including thoroughfare right -o£ - way without the consent of the property owner. "Off-site temporary homebuilder directional signs will be allowed on major and secondary thoroughfares only, except they may be placed on collector and residential streets in subdivisions under development and less than 70% built out, and not adjacent to an occupied single family residence. "Vehicles installing signs must have a flashing yellow strobe light mounted on top of the cab, and a reflectorized sign warning of frequent stops; and the standard reflectorized slow-moving vehicle ALLEN SIGN CONTROL BOARD MAY 17, 1988 IMy" DKII Consider Annual Review Sign Ordinance (Cont.) (Agenda Item III) triangular sign must be mounted on the trailer or installation vehicle if no trailer is used. Vehicles installing signs must do so only from the right-hand lane. Persons installing signs must wear reflectorized vests. "Permit Required: (Sign Board approval not required) 1. A permit is required to display temporary homebuilder signs. 2. Each group of identical signs shall require one permit. 3. Permits shall be renewed annually from date of issuance. The fee for each permit shall be $260. 4. The builder advertised shall be the responsible party. 5. Penalty: Violation of these regulations shall be a misdemeanor and a fine of up to $1,000.00 may be imposed. Each day that a violation exists may constitute a separate offense." The Board voted 4 FOR and 0 OPPOSED and the motion carried. Class 6 Freeway Signs The next item discussed referenced Class 6 Freeway Signs. It was the consensus of the Board that the wording should be consistent with that shown in the Definitions section as to "back-to-back" signs. The Board discussed the subject of internal illumination and the problems associated with it. It was stated that the wording regarding 2000' separation between signs should remain in the text. MOTION: A motion was made by Board Member Biggs and seconded by Board Member Kleinschmidt, to recommend the removal of the following text from paragraph 2 of Class 6 Freeway Signs: "Such signs may not exceed an area of two hundred eighty-eight (288) square feet and"; "Permit would be allowed for five (5) years, renewable"; and the inclusion of the following wording: "Two sign facings are allowed, back to back, and each sign facing may not exceed an area of 288 square feet. Illumination shall be provided by external flood lights rather than internal illumination. External lighting shall not constitute any traffic hazard. ALLEN SIGN CONTROL BOARD MAY 17, 1988 PAGE 5 Consider Annual Review Sign Ordinance (Cont.) (Agenda Item III) "Permits for Freeway Signs shall expire one year from date of issuance and renewal applications must be submitted in writing at least thirty (30) days prior to expiration date. Both state and city permit numbers must be displayed on the sign facing." The Board voted 4 FOR and 0 OPPOSED and the motion carried. Prohibited Signs The next topic for discussion was paragraph 4 of Section 5, Prohibited Signs. The Board considered the need for requirements surrounding any approval of message boards, aesthetics, etc. It was suggested that another workshop be held to discuss the issue of message boards and staff was requested to prepare parameters for use in consideration of these boards. MOTION: A motion was made by Board Member Biggs and seconded by Board Member Kleinschmidt to recommend the following wording to added to paragraph 4 in place of the last sentence. "Jump clocks or digital display devices showing only time and/or temperature data may be allowed by special permit of the City Council." It was suggested that if only time and/or temperature data is to be allowed, then that would be appropriate to be approved by the Sign Board rather than City Council. The second and the motion were withdrawn. The Board further discussed the fact that if only time and/or temperature data are allowed, then any request for similar data would have to be denied. Parame- ters for approving such message boards, etc., was considered to be needed if these are to be allowed. Board Member Leverett stated he felt that there might be some instances where this type sign would be appropriate. MOTION: A motion was made by Board Member Kleinschmidt and a second by Board Member Biggs to remove the following text from paragraph 4, Section 5: "Jump clocks or digital display devices showing time, temperature and similar data may be allowed by special permit of the City Council"; and insert the following text: "Jump clocks or digital display devices showing only time and/or temperature data may be allowed by special permit of the Sign Control Board." The Board voted 2 FOR and 2 OPPOSED and the motion failed. ALLEN SIGN CONTROL BOARD MAY 17, 1988 PAGE 6 Consider Annual Review Sieh Ordinance (Cont.) (Aeenda Item III It was the consensus of the Board that this item would be discussed further at the next meeting and staff was requested to provide the parameters for message boards that are used by nearby cities. Section 7 - Sign Permits MOTION: A motion was made by Board Member Kleinschmidt and seconded by Board Member Leverett to include the following text in paragraph 3, Section 7, Sign Permits: "h. Advertising copy for the proposed sign face. "i. Copy of State permit must be submitted prior to issuance of City permit. "j. Application should designate location of overhead utilities, and location of sign must comply with distance requirements that require approval of Texas Electric/ Utilities." The existing paragraph "h" will become paragraph "k." The Board voted 4 FOR and 0 OPPOSED and the motion carried. Sign Permit Fees The next item discussed was paragraph 7, Section 7, Sign Permit Fees. MOTION: A motion was made by Board Member Kleinschmidt and seconded by Board Member Biggs to include the addition of the following wording to paragraph 7, Section 7, Sign Permit Fees: "c. Fees for a permit to erect, alter, replace or relocate any Class 6 sign shall be as follows: (1) illuminated: $150 per face (2) non -illuminated: $100 per face" The existing paragraph "C" will become paragraph "d." The Board voted 4 FOR and 0 OPPOSED and the motion carried. Letters Requesting Consideration Chairman Chrisman referred to the attached letters from Mrs. Dorothy Wood and Mr. Jerry Daum regarding the current method of measuring the distance between ■i Class 6 Freeway Signs. Both letters suggest changing the Allen ordinance to reflect the requirements of the State. ALLEN SIGN CONTROL BOARD MAY 17, 1988 PAGE 7 Consider Annual Review Sign Ordinance (Cont.) A¢enda Item III Board Member Biggs stated that in view of recent increases in allowable size for Freeway signs, he would be opposed to any further changes in distance. Board Members Kleinschmidt and Leverett stated that they are not in favor of a change to the distance requirements. The consensus of the Board was that the intent of the ordinance is to indicate a radial measurement. Chairman Chrisman stated he was not in favor of changing the distance measure- ment for freeway signs, but suggested that item could be discussed further at the next meeting. Recess: Chairman Chrisman recessed the meeting at 10:15 p.m. to be reconvened June 6, 1988, at 7:30 p.m. Reconvene: (Agenda Item I) The workshop was reconvened on June 7, 1988, at 7:30 p.m. by Vice -Chairman Biggs, at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. In attendance were Vice -Chairman Biggs, Board Member Bruce Kleinschmidt and Board Member Sheila Curtis. Board Member Randall Leverett and Chairman George Chrisman were absent. Annual Review of Sign Ordinance (Cont.) (Agenda Item II) City staff proposed a number of revisions to the Sign Ordinance and they are delineated as follows with the action taken as indicated. 1. Section 7, paragraph 7 - staff suggested replacing the first sentence with the following text: "Every applicant, at the time of application, shall pay to the City of Allen, the applicable fee herein defined. In the event the application is not approved, the fee shall be refunded at a rate of 50%. The remaining 50% will be used for plan review and administrative costs associated with processing." MOTION: Upon a motion by Board Member Curtis and a second by Board Member Kleinschmidt, the Board voted 3 FOR and 0 OPPOSED to incorporate the above text to the Sign Ordinance as proposed by staff. 2. Section 7, paragraph 7 - staff suggested adding a section setting the fee for banners at $10.00, which is the fee currently be charged. I A ALLEN SIGN CONTROL BOARD MAY 17. 1988 PAGE 8 Consider Annual Review Sign Ordinance (Cont.) (Agenda Item II) MOTION: Upon a motion by Board Member Curtis and a second by Board Member Kleinschmidt, the Board voted 3 FOR and 0 OPPOSED to add a section in Section 7, paragraph 7, setting fees for banners at $10.00. 3. Section 7, paragraph 7 - staff suggested an addition to the previously approved fees for Freeway Signs to indicate that the fee for a permit for alteration of a Freeway Sign would be $50, and the word "alter" would be removed from the initial fee for the sign. MOTION: Upon a motion by Board Member Kleinschmidt and a second by Board Member Curtis, the Board voted 3 FOR and 0 OPPOSED to approve the staff wording for alteration fees on Freeway signs. 4. Resolution 54-14-87-1 - staff suggested that the text of this resolution, stating that Class 4 signs may be approved by City Staff and renewals would be approved by the Sign Board, should be included in the Sign Ordinance. MOTION: Upon a motion by Board Member Kleinschmidt and a second by Board Member Curtis, the Board voted 3 FOR and 0 OPPOSED to incorporate the text of Resolution 54-14-87-1 into the Sign Ordinance. 5. Class 1 - Minor Signs - Staff suggested adding the wording from the Zoning Ordinance (Ordinance No. 829-11-87) regarding the placement of public hearing signs for zoning changes to the Class 1, Minor Signs section of the Sign Ordinance, with the addition of stating that they must be removed within 15 days following the public hearing. MOTION: Upon a motion by Board Member Curtis and a second by Board Member Kleinschmidt, the Board voted 3 FOR and 0 OPPOSED to add the text from the Zoning Ordinance (Ordinance No. 829-11-87) regard- ing the placement of public hearing signs for zoning changes to the Class 1, Minor Signs section of the Sign Ordinance, with the addition of stating that they must be removed within 15 days following the public hearing. Prohibited Signs - The Board discussed the issue of message boards and whether they could be regulated properly. Ordinances from other cities were reviewed. MOTION: Upon a motion by Board Member Kleinschmidt and a second by Board Member Curtis, the Board voted 3 FOR and 0 OPPOSED to approve the removal of the following text from Section 5, paragraph 4: "Jump clocks or digital display devices showing time, temperature and similar data may be allowed by special permit of the City Council"; and the addition of the following text: ALLEN SIGN CONTROL BOARD MAY 17, 1988 IY:[e17t:7 Consider Annual Review Sign Ordinance (Cont.) (Agenda Item II) "Jump clocks, digital or electronic display devices showing only time and/or temperature data require a sign permit issued by the Chief Building Official or his designee. Moving message boards are not allowed." Adjourn: MOTION: Upon a motion by Board Member Kleinschmidt and a second by Board Member Curtis, the Board voted 3 FOR and 0 OPPOSED to adjournt he workshop session at 8:10 p.m. -61 These minutes approved this 1�/ day of 1988. ^ George Wrisman, Chairman Bruce Kleinschmidt, Secretary 11 L11 May 11, 1988 Mr. Joe llelFerro City of Allen One Butler Circle Allen, 'Texas 75002 Dear T".r. DelFerro, I have learned through a business acquaintance that you are currently conducting meetings to discuss changes in the bill- board ordinance in Allen. As you know, our family has been in Allen for many years. We currently own considerable fron- tage along Hwy. 75 and are experiencing, quite a bit of interest from sign companies wanting to pat their billooards on our property. The offers toaay are quite a bit more lucrative than when my mother allowed the one sign we no,i have. Mr. llelFerro, I ask for your consideration ana that of the review committee in implementing the same language as found in the state codes pertaining to the snacing between billboards. Unless we can define the spacing as linear, being between signs on the same side of the roadway, we will not be able to enjoy any additional signs on our property. Your assistance is appreciated. Sincerely, \�J, Dorothy Stacy Y:ood PC IERO MAY 13 1988 CITY OF ALLEN COMMUNTTy DEVELOPMENT a I Advei, ismg Company, Inc. Mey 11, 1988 Mr. Joe DelFerro City of Allen One Butler Circle Allen. Texas 75002 Mr. DelFerro, I would like to request that while the sign review committee is considering all changes before going to council later in June, that we clarify the language governing the spacing between billboards. The existing ordinance reads: "a minimum separation of two thousand (2,000) feet must be maintained between any two (2) such signs of this type." This has been interpreted to mean "radially", that is, 2,000 feet in any dir- ection between signs. The ordinance does not say "radially", and it appears it is a loose interpretation at best. In addition, I could find no radial rule in any ordinance researched inside or outside of the metro- plex. May we align the spacing rule for Allen to concur with that of the state. The state code clearly states: Sect. 21.451 Spacing Requirements: (a) "An off -premise sign may not be erected within 1,500 feet of another off -premise sign on the same side of the roadway." This would keep with the overall ambition of staying parallel with the state's codes when making changes to Allen's ordinance. Should you have any questions, please advise. fiery ours, Jer F. Daum Lgr6sident JFD:mnc 1327 EMPIRE CENTRAL SUITE 101 yNcroavEl MAY 1 '? 198d CMTY pF ALLEN COWUNrry OW41LOPMENT DALLAS, TEXAS 75247 (214) 630-8200 State Department of Highways and Public Transportation Right of Way Division Rules and Regulations Page 6 of 9 (6) Such sign may be illuminated subject to the restrictions set forth in §21.551 (b) and (c) of this title (relating to Prohibited Signs). (d) Upon determining that the requirements referred to previously will be met„ the district engineer shall approve the permit for which appli- cation was made and shall endorse both copies of the application to show such approval and shall return one copy thereof to the applicant along with a permit number which shall be displayed on the sign structure, within 30 days after receipt thereof, in a form and manner prescribed by the depart- ment. The permit may show one or more of the restrictions provided in these sections and shall provide that the permit expires one year after it is approved. (e) A sign permit may be renewed before the existing permit termin- ates by the permit holder filing with the district engineer of the depart- ment district office serving the county where the sign exists or is to be located a written request to renew the permit along with a nonrefundable renewal fee amounting to one-half the amount of the then current sign per- mit fee for the size of the sign the permit for which is being renewed and such amount shall be payable for each year the permit is to be renewed. Such renewal, when approved by the district engineer, shall be for a single period of no more than five years. A like fee shall be collected for sub- sequent renewal periods. (f) Other than an exempt sign, any sign erected on or after September 1, 1985 without a permit therefor or for which the permit is not kept renewed shall be removed by the owner thereof at the owner's expense upon written notification by a district engineer of the department. (g) A permit may not be assigned or transferred without approval by the district engineer of the department district office serving the county where the sign exists or is to be located and then only upon payment of a nonrefundable transfer fee of $25 for each sign permit to be transferred. In order to make such a transfer, a form to be prescribed by the department shall be completed in triplicate. One copy of each approved permit transfer shall be sent to the transferor, one copy shall be sent to the transferee and one copy shall be retained by the district engineer. 21.451 Spacing Requirements. (a) An off -premise sign having a face area of 301 square feet or more may not be erected within 1,500 feet of another off -premise sign on the same side of the roadway. (b) An off -premise sign having a face area of at least 100 but less than 301 square feet may not be erected within 500 feet of another off - premise sign on the same side of the roadway. (c) An off -premise sign having a face area of less than 100 square feet may not be erected within 150 feet of another off -premise sign on the same side of the roadway. (d) Signs located at the same intersection are not in violation of these spacing rules because of their nearness to one another if they are located so that their messages are directed toward traffic flowing in dif- ferent directions and if they are not visible from the main -travelled way of an Interstate or Federal -aid Primary Highway.