Hearing:
Conduct a Public hearing to Consider/Discuss/Act on the request by Owner Terry Casey, to Consider/Discuss/Act on the Appeal of the Building Official’s decision for the consideration of a Meritorious Exception to the Sign Ordinance to allow an attached sign above the roof of the main structure, consisting of illuminated letters affixed to the existing smoke stack, at the site of the Cotton Mill, on the property located at 610 Elm Street, Lot 1 of Block A of the Cotton Mill Addition to the City of McKinney, Texas.
Summary:
BOARD OF ADJUSTMENT CASE NUMBER: BOA 23-03
MEETING DATE: December 13, 2023
DEPARTMENT: Development Services - Building Inspections
CONTACT: Suzanne Arnold, Chief Building Official
RECOMMENDED BOARD ACTION: Consider this Meritorious Exception request based on the applicant statement on the Board of Adjustment (acting as the Sign Board) application.
ZONING: MTC - McKinney Town Center / Cotton Mill Core Character District
EXISTING CONDITIONS: This lot is the site of the historic Cotton Mill building, which now houses multiple small businesses, including offices and an event venue. The area is zoned MTC/Cotton Mill Core District, which is a “Character District” within the McKinney Town Center Master Plan. The eventual intent is for the Cotton Mill building to be fully redeveloped and the areas surrounding it to become a master planned office campus for up-and-coming tech companies, as well as some small retail and transitional residential uses. “Cotton Mill” doesn’t just identify a building or a business, but rather serves as an identity for the development. Being that the old mill is set back off of SH 5, the applicant is seeking to install this sign high up on the existing smokestack so that it is visible from a distance.
ITEM SUMMARY: The applicant is seeking to construct a new sign, approximately 67 feet tall by 6 feet wide, attached to the existing masonry smokestack at the property known as the Cotton Mill. The sign will consist of illuminated letters spelling out “Cotton Mill,” plus a round logo at the top and additional neon-effect lighting. The applicant submitted an engineer’s letter certifying that the historic smokestack will support the sign as proposed. The Unified Development Code Section 504(B)(2)(b)(iii) states that no sign shall extend above the roofline of the building. UDC 504(F) does allow for greater design flexibility in the McKinney Town Center zoning district but stipulates that signs shall be designed and constructed in keeping with the historic character of the district. The applicant submitted plans for a sign permit (SIGN2023-09-00591) on September 21, 2023, which was reviewed and denied on September 21 and November 9, 2023, because of the noncompliant placement on the building. The City received this application for a Meritorious Exception on November 17, 2023. A similar Meritorious Exception was granted by Council in 2018 for the Cinemark Theater on West Hardin Blvd.
VARIANCE REQUESTED:
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SIGN ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
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No sign allowed above roof |
Sign above roof |
Sign location |
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APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: To date, no letters of support and no letters of opposition have been submitted.
BOARD AUTHORITY:
Unified Development Code 503(A): Meritorious Exceptions
1. Generally: Primary objectives of this section include ensuring the prohibition of signage that has low visual quality, while guarding against the over-regulation of signage.
2. Approval Criteria: It is not the intent of these regulations to discourage innovation. It is possible that signage proposals could be made that, while clearly nonconforming to the requirements of this Article, and thus not allowable under these regulations, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution to the visual environment. In such cases, the Chief Building Official may approve a meritorious exception, if the proposal meets any of the following:
a. The signage is creative, innovative, or otherwise visually appealing so as to result in a positive contribution to the built environment;
b. The signage contains an architectural element that positively supplements the visual environment;
c. The regulations of this section do not adequately describe or regulate the proposed signage;
d. The signage will promote a strong public interest, including but not limited to wayfinding and the positive identification of essential services; or
e. The relocation of allowed signage is necessary based on difficulties resulting from building design, orientation, or location.
3. Sign Board Consideration
a. The Chief Building Official, at their sole discretion, may refer the meritorious exception application to the Sign Board, for consideration and action.
b. The Chief Building Official may deny a meritorious exception if the proposed sign does not meet the criteria included in subsection 2 above. The applicant whose request was denied may appeal the decision of the Chief Building Official to the Sign Board, in accordance with the procedures outlined in §203F.1, Administrative Appeals
BUILDING OFFICIAL STATEMENT:
The request has been field validated and I agree that the Board has the implied authority to consider this Meritorious Exception by the Applicant/Owner.
SUPPORTING MATERIALS:
BOA 23-03 - 610 Elm St. - Packet to include:
• Ordinance Exhibit
• GIS map of subject property and surrounding houses and businesses
• Board of Adjustment (BOA) Application
• Proposed Plans and Elevations
• Site photos
• Newspaper notice and 200’ notice with Locator Map
• Power Point presentation to be delivered at hearing
ACTION: Approved Denied Tabled