Loading...
HomeMy WebLinkAbout12/15/2010 BOA MINUTES CITY OF THE COLONY BOARD OF ADJUSTMENT Wednesday, December 15, 2010 After determining that a quorum was present, the Board of Adjustment of the City of The Colony, Texas convened into Regular Session which was held on Wednesday, December 15, 2010 at 7:00 p.m. in the City Council Chambers located in City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Donna McCright, Chairperson; Cesar Molina, Vice Chairperson; Gerald Odum; Aaron Barney; Constance Yahwak, Alternate; and Matt Armstrong, Alternate. Board Members Absent: Duane Sanders. Present from Staff. J. Michael Joyce, Development Services Director; Brooks Wilson Senior Planner; Brant Shallenburger, Construction Communication Facilitator / Legal Coordinator; Jimmy Schnurr, City Attorney. 1.0 CALL REGULAR SESSION TO ORDER Chairperson McCright called the meeting to order at 7:04 pm. 2.0 ITEMS FOR CONSIDERATION 2.1 Consider approval of the minutes of the regular session of the September 15, 2010 Board of Adjustment meeting. It was moved by Board Member Molina to approve the minutes as stated, seconded by Board Member Odum and carried (6-0). 3.0 ITEMS FOR CONSIDERATION 3.1 Discuss and make recommendations concerning the proposed revisions to Chapter VI (Signs) of the Code of Ordinances. Mr. Joyce presented the staff report. Chairperson McCright asked what menu boards are. Mr. Joyce responded by stating menu boards are the signs at drive-thru restaurants. Board Member Armstrong and Mr. Schnurr confirmed political signs must be located a minimum of one-hundred feet from the polling location. Chairperson McCright asked if there was a reason the Board did not have copies of the slides showing the changes that are being proposed. Board of Adjustment December 15, 2010 Page 2 of 5 Mr. Joyce responded that the slides were not completed until the day prior to the meeting, however, staff can provide copies of the slides for the Board members. Chairperson McCright stated that she doesn't feel comfortable discussing the sign ordinance without the proposed changes noted in front of her to review. Mr. Joyce responded by stating that there were such radical changes to the sign ordinance that if we provided a red-line copy for the Board members, it would be more confusing than the final proposal which was provided. Chairperson McCright stated she remembered making a recommendation for inflatable signs, however she did not recall the criteria and wanted to know what changes were made specific to that type of sign. Mr. Joyce responded that inflatable signs are allowed for a ten day period, could not float, must be attached to the ground or the building and staff is just clarifying the verbiage, but not changing any requirements. Board Member Armstrong stated he likes the format of the proposed ordinance. He continued in stating that under political signs there is a discrepancy noting that under "Location" it states that signs shall not be located within one-hundred feet of the polling location, however, in the paragraph below, it states that within one-hundred square feet of the polling location signs cannot exceed a six square feet. Mr. Schnurr responded that typically the election judge will walk the set area and get rid of any signs that are in violation of the requirements. Board Member Molina noted that under Political Signs "Removal", the word `days' needs to follow the number '10' and before "following". He continued in asking if under Missing Animal Sign "Permit" if it should state `Permit Fee' instead. Mr. Joyce responded that permits are not required or Missing Animal Signs. Chairperson McCright asked if it was reasonable for the timeframe for Missing Animal Signs to not exceed two times in one year. Mr. Joyce responded that the ordinance is not set in stone and the comment has been noted for staff to take a look at. Mrs. Wilson followed up in stating that the restriction is more to avoid clutter around the city. Ms. Koppang stated the discussion during the process of writing this section was to avoid having signs up for a month at a time because without the restriction, pet owners could place the signs, pick them up after five days and re-place the signs as early as the next day. Board of Adjustment December 15, 2010 Page 3 of 5 Mr. Joyce continued by stating that most of the time, the pet owners won't go pick up signs, even with restrictions. Chairperson McCright suggested that staff address the issue of not picking signs up in the ordinance and not just restrict the number of times the signs can be placed. Board Member Molina asked if there will be a burden placed on staff by requiring property sale and lease signs to be permitted. Mr. Joyce responded that this section of the ordinance pertains to commercial properties only. Board Member Molina advised staff that in Section 6-262, the alphabetizing of each type of sign is off. After further looking, Ms. Brooks noticed another area within that section that is incorrect. Board Member Molina pointed out another discrepancy under Section 6-251(b), advising that the words `use of should be removed prior to `effective'. Mr. Joyce advised the Board that there is still one billboard left in the city, which is required to be registered, but has yet to be. He continued in stating that there was a loophole in the previous ordinance allowing one square foot or less signs without the requirement of a permit, however, the loophole has been closed, so businesses like Liberty Tax Service, owned and operated by Larry Contreras, will no longer be allowed to place the small signs. Chairperson McCright asked if Mr. Contreras has been notified. Mr. Joyce responded that staff has continuous contact with Mr. Contreras and gave the Board members an overview of human signs. 3.2 Discuss and make recommendations concerning the proposed revisions to Appendix A, Section I OB (Accessory Structures) of the Code of Ordinances. Mr. Joyce presented the staff report. Board Member Armstrong stated he wishes to have himself removed from this item because there's a conflict of interest due to the fact that he's employed with Walmart, who will be affected by the outcome of the ordinance. Board Member Odum asked if Walmart will have to remove their large storage containers. Mr. Joyce responded no, because the area where they keep the storage containers is screened. Board of Adjustment December 15, 2010 Page 4 of 5 Chairperson McCright if a citizen's house is being carpeted again, can the citizen place a portable on-demand storage container in front of their property on the street? She continued, if not, where could the portable on demand storage container be placed? Mr. Joyce responded that a portable on demand storage container is not allowed on the street at all. Board Member Odum suggested placement in the driveway. Chairperson McCright stated that the portable on demand storage containers are too big to fit in a driveway, unless the property has a long driveway. She continued in stating that the whole intent of using a portable on demand storage container is so that if you are doing renovations to your house, you can rent a container to store your belongings so they don't get in the way during the renovation. Mr. Joyce advised that during his research he looked at ten different ordinances throughout the United States and portable on demand storage containers are not mentioned in one of them. Board Member Molina asked if it was something unique to North Texas to have alley accessibility and if it's more the exception to the rule having garage access through an alley. Mr. Joyce responded in saying that he was thinking the same thing. He continued in stating that he knew there were alleys in other states, however, not nearly as many as in North Texas. Chairperson McCright stated that she noticed that the portable on demand storage units are no wider than a vehicle. Mr. Joyce confirmed. He continued in stating that they have specific for the width of the containers so you can get by. Chairperson McCright asked if a P.O.D. could be considered a cargo container. Mr. Joyce responded no due to the way they are constructed. Chairperson McCright agrees with allowing cargo containers with the restriction that it will be blocked from public view. An example such as Walmart uses their cargo containers to store additional merchandise, such has their Christmas items. Mr. Joyce agreed. Chairperson McCright stated that storage units are being altered to make them habitable. Board of Adjustment December 15, 2010 Page 5 of 5 Being no further discussion, Chairperson McCright adjourned the meeting at 8:02 pm. Donna McCri t, Ch person A Z-V7X7 eelic a Koppa , c ding Secretary