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HomeMy WebLinkAbout1978-01-17 C Regular Meeting Planning and Zoning Commission January 17, 1978 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:40 p.m. in the Council Chambers of Euless City Hall by Chairman Carl Tyson. Other members present were Messrs. Neal Adams, Winn Porter, Robert Johnson, Bob Eden, and Mrs. Helen Lightbody. (Absent was Mr. Sam Munir) Also present were Director of Planning and Development Rick Barnes and Recording Secretary Becky Gunter. VISITORS There were no visitors in attendance. INVOCATION The invocation was given by Mr. Eden. APPROVAL OF MINUTES Mr. Porter made a motion to approve the minutes of the regular meeting dated January 3, 1978, as written. Mr. Adams seconded the motion and the vote is as follows: Ayes: Messrs. Porter, Adams, Johnson, Tyson, Eden, and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. Oho- (Page Two, Regular Meeting, Planning and Zoning Commission, January 17, 1978) PUBLIC HEARING - CONSIDER AMENDMENTS TO CITY OF EULESS SIGN ORDINANCE Chairman Tyson opened the Public Hearing. Mr. Barnes stated that in discussions in past meetings, particularly those with the City Council , there has been expressed the desire for the staff to proceed with amendments to the sign ordinance provisions in two phases. Phase One would be immediate action to provide a workable ordinance that would put the signs in scale with the surrounding environment, particularly in commercial districts. It would also allow the staff to clean up delapidated signs and signs no longer in use. Phase Two would be an overall comprehensive sign ordinance in which all of the areas of the ordinance would be considered. The proposed ordi- nance in Phase One is actually taken directly from the existing zoning ordinance with just a few changes. The main area of change concerns the general business type sign, as about 95% of the sign permits issued are of this type. There is a need to limit the maximum height and size as well as the setback requirement for pole signs and ground signs. The proposed amendment would allow only one pole or ground sign per street frontage. Another change would be an addition within the general provisions which deals with old signs no longer in use and hazardous sign structures. Also included are some revised definitions as well as additional definitions. The proposed amendment would allow a general business pole or ground sign to have a maximum area of fifty square feet and a maximum height of thirty feet. These few amendments respond to areas of greatest need concerning signs in our City. Chairman Tyson stated a roof sign is not allowed in the general business district and asked what the reason is for this. Mr. Barnes stated that the weight and wind loads created by a sign would create tremendous structural problems on the roof of a building that may or may not be designed to carry the additional weight. Mr. Johnson stated there is also a problem with appearance with roof signs. The general appearance of a shopping center could reflect different sizes at each business, whereas on a marquee sign, all of the businesses must comply with the same physical size. (Page Three, Regular Meeting, Planning and Zoning Commission, January 17, 1978) Mr. Adams asked if, in the case of a shopping center, the requirement of one pole or ground sign for each street frontage means one per business or one per owner. Mr. Barnes stated he intends it to be one sign per street frontage for the shopping center with each business having a space on that sign. Mr. Adams asked about the general provisions (9) and (10) which were added. Mr. Barnes stated they were taken directly from the City of Plano Sign Ordinance, and is something many cities are doing to allow the removal of obsolete or unsafe signs. Mr. Adams asked if the ten days notice is from the day the notice was mailed or received. Mr. Barnes stated it is normally from the date of the postmark. However, if it became a problem, the owner could be given the benefit of the doubt and be given ten days from the date he received the notice. Mr. Johnson asked what action the City could take if the Building Official had a sign removed and the owner refused to pay for the removal . Mr. Adams stated the City would have to file suit under the Ordinance against the owner. He feels a provision should be made to allow the City to file a lien against the property. Mr. Johnson asked if such a pro- vision should be made within the ordinance. Mr. Adams stated he would advise such a provision. Another possibility would be a penal provision which would allow the City to fine a person up to $200.00 for non-payment. However, the City Attorney, Mr. McFarland, would have to approve this. The provision would have to be made within the ordinance. Chairman Tyson requested Mr. Barnes to check with Mr. McFarland concerning the wording of the penal provision. Mr. Adams stated he does not feel "agent or person having the beneficial use of the land, building or structure upon which such sign is located" should be included in Sections (9) and (10) ; he feels it should just be "owner". Chairman Tyson stated he also feels it should just be "owner". (Page Four, Regular Meeting, Planning and Zoning Commission, January 17, 1978) Mr. Adams made a motion to recommend that the City of Euless Zoning Ordinance be amended as follows: -; Section 9-200, the General Business Subsection in the C-1 and C-2 Districts: the language under Maximum Area in Square Feet should read "none except 50 sq. ft. for pole and ground signs" the Maximum Height in Feet shall be 30 feet the Setback Required be changed from twenty-five feet to "Property Line" under Spacing where there is nothing at the present time, there be added the language "1 Pole or Ground for each Street Frontage" * Under the General Business Section in the L-1 , 1 -1 , and 1 -2 Districts: the Setback Required be changed from twenty-five feet to "Property Line" under Spacing where there is nothing at the present time, there be added the language "1 Pole or Ground for each Street Frontage" ,; Under Section 9-300, there be added: (9) Any sign which the Building Official determines no longer serves a bona fide use conforming to this ordinance, shall be removed by the owner of the land, building or structure upon which such sign is located within ten (10) days after written notification to do so from the Building Official . Upon failure to comply with such notice, the building in- spector is hereby authorized to cause the removal of such sign, and any expense incidental thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected. (10) If the Building Official shall determine that any sign is unsafe or insecure, or is a menace to the public, he shall give written notice of the person or persons responsible for such sign. If the owner fails to remove or repair the sign within ten (10) days after such notice, such sign may be removed by the Building Official at the expense of the owner of the property upon which it is located. It is recommended that penal provisions be added to Sections 9 and 10 in such form as is accepted by the City Attorney. (Page Five, Regular Meeting, Planning and Zoning Commission, January 17, 1978) * Under Section 11 , Item 66 of the Zoning Ordinance the present definition of a sign be deleted and the new definition be added as follows: Sign - The term "sign" shall mean and include every sign, name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs attention to any object, product, service, place, activity, person, institution, organ- ization or business. Any interior illuminated or moving sign or light which is visible from the exterior may be determined as being erected on the exterior of the building or structure. * Under Section 7-1300, the folaowing new definitions be added under the following item numbers: (99) Erect - The term "erect" shall mean to build, construct, attach, hang, place, suspend, or affix, and shall also include the paint- ing of signs on the exterior surface of a building or structure. (100) Sign, Development - A "development sign" is any temporary, on- site promotional sign pertaining to the development of land or construction of buildings. (101 ) Sign, Ground - A "ground sign" is any sign which is erected on a vertical framework consisting of two (2) or more uprights supported by the ground. (102) Sign, Marquee - A "marquee sign" is any sign erected on a marquee or fixed awning. (103) Sign, Obsolete - An "obsolete sign" is any sign which no longer serves a bona fide use or purpose. (104) Sign, Parapet Wall - A "parapet wall sign" is any sign erected on the top surface of a parapet wall . (105) Sign, Pole - A "pole sign" is any sign supported by a single free- standing pole, and having no guys or braces to the ground or to any structure other than the pole. (106) Sign, Projecting - A "projecting sign" is any sign which projects from a building and which has one end attached to a building or other permanent structure. (107) Sign, Roof - A "roof sign" is any sign erected on a vertical frame- work supported by and located immediately and entirely over the roof of a building. (Page Six, Regular Meeting, Planning and Zoning Commission, January 17, 1978) (108) Sign, Wall - A "wall sign" is any sign erected flat against a wall , supported by the wall , and having the sign face parallel to and not more than twelve (12) inches from the wall surface. Neon tubing attached directly to a wall surface shall be con- sidered a "wall sign." ,; Under Section 7-1300, the following amended definitions replace the present definitions: (43) Sign, Name Plate - A "name-plate sign" is any sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed. (44) Sign, Real Estate - A "real estate" sign is any temporary sign pertaining to the sale or rental of property and advertising property only for use for which it is legally zoned. (45) Sign, Construction - A "construction sign" is any temporary sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located. (46) Sign, Identification - An "identification sign" is any sign which is used to identify shopping centers, industrial sites, retail districts and commercial sites. (47) Sign, Institutional - An "institutional sign" is any sign or bulletin board used to identify schools, churches, hospitals and similar public or quasi-public institutions. (48) Sign, Apartment - An "apartment sign" is any sign identifying an apartment building or complex of apartment buildings. (50) Sign, General Business - A "general business sign" is any adver- tising sign which is used to identify a business, profession, service, product, or activity conducted, sold, or offered on the premises where such sign is located. (52) Sign, Advertising - An "advertising sign" is any sign which pro- motes and advertises commodities or services not limited to being offered on the premises on which such signs are located. (Page Seven, Regular Meeting, Planning and Zoning Commission, January 17, 1978) Mr. Johnson seconded the motion and the vote is as follows: Ayes: Messrs. Adams, Johnson, Porter, Eden, Tyson, and Mrs. Lightbody Nays: None Chairman Tyson declared the motion carried. II . ADJOURNMENT The meeting adjourned at 9:45 p.m. APPROVED: , Chairman