Hearing:
Conduct a Public hearing to Consider/Discuss/Act on the request by Applicant Keith Lewis, 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 a monument sign of unconventional materials and size, being composed of a car with a bicycle mounted to the top sitting on recycled concrete blocks, and allowing that sign to be 10 feet in height (exceeding the allowed 6 feet), and allowing that sign to be approximately 120 square feet in area (exceeding the allowed 40 square feet) at the site of the TUPPS Brewery complex, on the property owned by the McKinney Community Development Corporation (MCDC) located at 402 E. Louisiana Street, Lot 1 of Block A of the TUPPS Brewery Addition to the City of McKinney, Texas.
Summary:
BOARD OF ADJUSTMENT CASE NUMBER: BOA 23-04
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 / Transit Village Edge Character District
EXISTING CONDITIONS: This lot is the site of the new TUPPS Brewery complex, currently under construction. The complex is a mix of new and old buildings, with predominantly metal exteriors. The 3.9-acre property is owned by the McKinney Community Development Corporation (MCDC) and leased by the applicant, Keith Lewis, the owner of the brewery. MCDC approves of this proposal. The proposed location of the sign is in the northwest corner of the property. There are no existing ground signs/monument signs. This area is zoned as the MTC/Transit Village Edge District, which is a “Character District” of the McKinney Town Center Master Plan. By design, this district is characterized by an “eclectic mix of building types and uses” ranging from residential to light industrial acting as a transition from higher intensity uses to the existing residential areas adjacent to it.
ITEM SUMMARY: The applicant is seeking to construct a new monument sign consisting of a vintage 1950s Pontiac Chieftain automobile with “TUPPS” on the door, sitting atop a layer of large reclaimed concrete blocks, with a bicycle permanently mounted on top of the car. The vehicle is already associated with the company at its prior location. The proposed composition meets the UDC definition of “sign,” but does not comply with the corresponding regulations. The blocks are approximately 2 feet high, and the car and bicycle are approximately 8 feet high, bringing the total height to 10 feet. In accordance UDC Table 5-4, the maximum allowed height is 6 feet. The concrete blocks forming the base would be 12 feet wide and the car measures around 17 feet in length. Looking at this as a monument sign, the area of each of the larger sign faces (the sides of the car) to its outermost boundaries would be approximately 120 square feet total, though irregularly shaped. UDC Table 5-4 sets a maximum sign area of 40 square feet. The proposed sign would meet the minimum setback to property lines of 15 feet. UDC 504 (C)(6)(b) states that monument signs must be framed in finished materials that match or complement the primary structures on the lot. The composition of this sign makes such a border inviable. 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 and pedestrian-oriented design of the district. The applicant submitted plans for a sign permit (SIGN2023-11-00730) on November 9, 2023, which was reviewed and denied on November 9, 2023, because of the noncompliant design, materials, and dimensions. The City received this application for a Meritorious Exception on November 21, 2023.
VARIANCE REQUESTED:
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SIGN ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
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|
|
|
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Sign Height - 6 ft. |
10 ft. |
4 ft. |
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Sign Area - 40 sq. ft. |
120 sq. ft. |
80 sq. ft. |
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 23-04 - 402 E. Louisiana St. - Packet to include:
• Zoning Exhibit
• GIS map of subject property and surrounding houses and businesses
• Board of Adjustment (BOA) Application
• Letter of Approval from MCDC
• Survey and Survey Site Plan
• Proposed Plans and Elevations
• Site photos
• Power Point presentation to be delivered at hearing
• Newspaper notice and 200’ notice with Locator Map
ACTION: Approved Denied Tabled