M E M O R A N D U M Meeting Date: December 7, 2010 Item No. H-11 To: From: Subject: Dan O Leary, City Manager Tom Elgin, Community Development Manager Consider a resolution approving a variance to the City of Keller Unified Development Code, Article 9, Sign Regulations, Section 9.04 (K.2.a.4.), Attached Building Signs, and Section 9.04 (K.2.b.3), Attached Signs for Single-Occupant and Multi-Occupant Non-Residential Buildings, for Arthouse at Keller Town Center, a 240,974 square-foot mixed-use development, located on a 5.61-acre lot on the northeast corner of Bear Creek Parkway and Town Center Lane, at 201 Town Center Lane, being Lot 7, Block B, Keller Town Center, and zoned TC (Town Center). Southern Land Company, owner/developer. Fource Communications, applicant. (UDC-10-0014) Action Requested: Property Description: Property Owner/ Developer: Applicant: Current Zoning: Consider a resolution approving a sign variance to Section 9.04 (K.2.a.4.) and Section 9.04 (K.2.b.3) of the City of Keller Unified Development Code, for Arthouse at Keller Town Center, a 240,974 square-foot mixed-use development. Located on the northeast corner of Bear Creek Parkway and Town Center Lane, at 201 Town Center Lane. Southern Land Company Fource Communications TC (Town Center). Page 1 of 6
Background: Analysis: Surrounding Land & Zoning Uses: Requested Variances: A site plan for Arthouse at Keller Town Center was approved by the City Council on June 7, 2005 (Resolution No. 2305) for the construction of a 240,974 square-foot mixed-use development. On August 8, 2007, two (2) sign permits were approved by City Staff for an attached sign on the north side of the building and an attached blade (projecting) sign on the south side of the building. Photos illustrating the current approved signage have been provided by the applicant. The applicant is proposing to replace the two (2) existing attached signs with new signage for the development. The proposed attached blade (projecting) sign on the south side of the building meets all Unified Development Code (UDC) and is not included as part of this UDC Variance request. A sign permit for this sign is currently under review by City Staff. The proposed sign on the north side of the building exceeds the maximum area allowed by the UDC. For buildings twenty thousand (20,000) square feet or larger, Section 9.04 (K.2.b.3) of the UDC restricts the maximum area of attached signage to seventy-five (75) square feet per sign. The applicant proposes to install an approximate one hundred five and one-half (105.5) square-foot sign on the north side of the building. The applicant is requesting a variance to the UDC to exceed the seventy-five (75) square-foot sign area requirement by approximately thirty and one-half (30.5) square feet. In addition, the proposed sign on the north side of the building is proposed to be erected above the edge of the roof. Section 9.04 (K.2.a.4.) states that no business or non-residential occupancy shall erect a sign above the eaves or edge of the roof or on a parapet or edge of a canopy unless no other area is feasible and can be demonstrated at the time of permit. The applicant is requesting a variance to erect the sign on the north side of the building approximately one foot (1 ) above the edge of the roof. Photographs of the proposed signage have been included with this UDC variance application. North: Miscellaneous retail within the Town Center retail center zoned TC (Town Center) South: Keller Town Hall zoned TC. East: Public open space zoned TC. West: Vacant property zoned TC; Cooks Children s medical clinic and Tom Thumb grocery store, zoned TC. The applicant is requesting two (2) UDC sign variances: 1. To allow the Arthouse at Keller Town Center attached signage on the north side of the building to exceed seventy five (75) square feet in total sign area. Page 2 of 6
2. To allow the Arthouse at Keller Town Center attached signage on the north side of the building to be erected above the roof of the building. Board Review: The Planning and Zoning Commission considered this UDC Sign Variance application on November 22, 2010 and recommended unanimous approval with the following conditions: 1. The variance request to allow the Arthouse at Keller Town Center attached signage on the north side of the building to be one hundred five and one-half (105.5) square feet in total sign area. 2. The variance request to allow the Arthouse at Keller Town Center attached signage on the north side of the building to be erected one foot (1 ) above the roof of the building. Summary: Recommended Actions: Sign variances for developments within the Town Center Zoning District require consideration by the P & Z Commission and City Council. The applicant has met the requirements of the UDC for this UDC Sign Variance application with the exception of the two (2) variances. If this sign variance request were to be approved by the City, then Arthouse at Keller Town Center may proceed with the sign permit for the attached sign that deviates from the Town Center requirements. City Council has the following options when considering a UDC Sign Variance request application: Approve as submitted Approve with additional condition(s) Tabling the agenda item to a specific date with clarification of intent and purpose Denial Supporting Documents: Supporting documents include: Maps o Zoning Map (Dated March 2010) o Aerial View (Dated March 2010) Proposed Adopting Resolution Exhibit A o Variance to the UDC Application o Attached Business Sign Exhibits o Proposed Sign Location Exhibits Page 3 of 6
Staff Recommendation: Staff forwards this UDC Sign Variance request application for your consideration with the following conditions: 1. The variance request to allow the Arthouse at Keller Town Center attached signage on the north side of the building to be one hundred five and one-half (105.5) square feet in total sign area. 2. The variance request to allow the Arthouse at Keller Town Center attached signage on the north side of the building to be erected one foot (1 ) above the roof of the building. Page 4 of 6
Minutes of the November 22, 2010 Planning and Zoning Commission Page 2 of 3 3. Whether such change is consistent with the intent and purpose of this Development Ordinance. The Planning and Zoning Commission believe that the proposed language change is consistent with the intent and purpose of the development ordinance. 4. The areas that are most likely to be directly affected by the amendment and in what way they will be affected. The Planning and Zoning Commission believe that such a change would be beneficial to the retail and commercial businesses in the Old Town Keller District and help them prosper without having the burden of obtaining a Specific Use Permit for outside storage and display. 5. Whether the proposed amendment is made necessary because of changed or changing social values, new planning concepts, or other social or economic conditions in the areas and zoning districts affected. The Planning and Zoning Commission believe the proposed amendment would be a great benefit to the businesses in Old Town Keller based on recent economic conditions and the proposed amendment is to address such conditions. Mr. Reaves seconded and the motion carried unanimously (6-0; Miller absent). D. NEW BUSINESS DRAFT 1. Consider approval of a Final Plat for Marshall Ridge Phase 5B and 5D, a proposed residential development consisting of sixty-three (63) residential lots and one (1) open space lot, located on a 23.47-acre tract of land out of the G. Gilbert Survey, Abstract No. 577 on the east side of North Main Street (U.S. Highway 377), approximately 3,050 east of North Main Street (U.S. Highway 377), and zoned PD-PH-6.5 (Planned Development- Patio Homes-6,500 square foot minimum) and SF-12 (Single Family Residential-12,000 square foot minimum). Meritage Homes of Texas, owner/applicant/developer. Goodwin and Marshall, Inc., engineer/surveyor. (Case # P-10-0023) Mr. David Hawkins, Senior Planner, gave an overview of the project and staff s recommendation. Mr. Edward Eckart, engineer from Goodwin & Marshall, Inc., was present to address the Planning and Zoning Commission and answer questions. No discussion was held on Item D-1. Mr. Truby motioned to approve agenda Item D-1 as submitted. Mr. Hoffmann seconded the motion and the motion carried unanimously (6-0; Miller absent). 2. Consider a recommendation for a variance to Article 9, Sign Regulations, Section 9.04 (K.2.a.4.), Attached Building Signs and Section 9.04 (K.2.b.3) Attached Signs for Single- Occupant and Multi-Occupant Non-Residential Buildings, for Arthouse at Keller Town Center, a 240,974 square-foot mixed-use development, located on a 5.61-acre lot on the northeast corner of Bear Creek Parkway and Town Center Lane, at 201 Town Center Lane, being Lot 7, Block B, Keller Town Center, and zoned TC (Town Center). Southern Land Company, owner/developer. Fource Communications, applicant. (Case # UDC-10-0014) Page 5 of 6
Mr. David Hawkins, Senior Planner, gave an overview of the project and staff s recommendation. Mr. Mr. Murphy Webster 3, applicant from Fource Communications, was present to address the Planning and Zoning Commission and answer questions. Discussion was held on visual impact Minutes of the November 22, 2010 Planning and Zoning Commission DRAFT Page 3 of 3 of sign; purpose of sign to acknowledge use of building; and increasing visibility of building. Mr. Reaves motioned to approve Item D-2 with the following conditions: 1. The variance request to allow the Arthouse at Keller Town Center attached signage on the north side of the building to be one hundred five and one-half (105.5) square feet in total sign area shall be allowed. 2. The variance request to allow the Arthouse at Keller Town Center attached signage on the north side of the building to be erected one foot (1 ) above the roof of the building shall be allowed. Mr. Hoffmann seconded and the motion carried unanimously (6-0; Miller absent). E. DISCUSSION 1. None F. ADJOURN Chairman Brown adjourned the meeting at 7:35 p.m. Jay Brown Chairman Page 6 of 6
1004 TC TOWN CENTER LN 101 1200 1204 1208 1212 1216 100 1224 104 FOWLER ST SEATON ST 1200 1231 TC 1232 1235 1204 104 201 City Owned Property 108 112 116 201 Town Center Lane 205 TC 251 1101 BEAR CREEK PKWY City Owned Property Arthouse at KTC - 201 Town Center Lane Aerial dated: March, 2010 ±
TOWN CENTER LN 1216 201 Town Center Lane 201 205 251 1101 BEAR CREEK PKWY Arthouse at KTC - 201 Town Center Lane Aerial dated: March, 2010 ±
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS, APPROVING A VARIANCE TO THE CITY OF KELLER UNIFIED DEVELOPMENT CODE, ARTICLE 9, SIGN REGULATIONS, SECTION 9.04 (K.2.A.4.), ATTACHED BUILDING SIGNS, AND SECTION 9.04 (K.2.B.3), ATTACHED SIGNS FOR SINGLE-OCCUPANT AND MULTI-OCCUPANT NON-RESIDENTIAL BUILDINGS, FOR ARTHOUSE AT KELLER TOWN CENTER, A 240,974 SQUARE-FOOT MIXED-USE DEVELOPMENT, LOCATED ON A 5.61-ACRE LOT ON THE NORTHEAST CORNER OF BEAR CREEK PARKWAY AND TOWN CENTER LANE, AT 201 TOWN CENTER LANE, BEING LOT 7, BLOCK B, KELLER TOWN CENTER, AND ZONED TC (TOWN CENTER), IN THE CITY OF KELLER, TARRANT COUNTY, TEXAS. WHEREAS, Southern Land Company, owner/developer, and Fource Communications, applicant, have submitted a variance request (UDC-10-0014), which has been reviewed by City Staff and recommended for approval by the Planning and Zoning Commission on November 22, 2010, by a vote of 6-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: Section 1: THAT, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. Section 2: THAT, the variance to the City of Keller Unified Development Code, Article 9, Sign Regulations, Section 9.04 (K.2.a.4.), Attached Building Signs and Section 9.04 (K.2.b.3) Attached Signs for Single-Occupant and Multi-Occupant Non-Residential Buildings, for Arthouse at Keller Town Center, a 240,974 square-foot mixed-use development, located on a 5.61-acre lot on the northeast corner of Bear Creek Parkway and Town Center Lane, at 201 Town Center Lane, being Lot 7, Block B, Keller Town Center, and zoned TC (Town Center), is hereby approved, attached hereto, and incorporated herein as if fully set forth with the following conditions: 1
1. The variance request to allow the Arthouse at Keller Town Center attached signage on the north side of the building to be one hundred five and one-half (105.5) square feet in total sign area. 2. The variance request to allow the Arthouse at Keller Town Center attached signage on the north side of the building to be erected one foot (1 ) above the roof of the building. Section 3: THAT, this resolution shall become and be effective on and after its passage and approval. AND IT IS SO RESOLVED. Passed by a vote of to on this the 7th day of December, 2010. CITY OF KELLER, TEXAS BY: P.H. McGrail, Mayor ATTEST: Sheila Stephens, City Secretary Approved as to Form and Legality: L. Stanton Lowry, City Attorney 2