HomeMy WebLinkAbout06042015 BSC Agenda Item 3 STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: June 4, 2015 DOCKET NO. : 2015-02
DATE SUBMITTED: June 1, 2015 DEPARTMENT OF ORIGIN: Development
Services
PREPARED BY: Clay Chew, CBO, CFM
Chief Building Official PRESENTER: Staff
SUBJECT: Variance request to install two
single faced LED electronic message STAFF PRESENTER:
boards to replace existing internally Clay Chew, CBO, CFM
illuminated sign cabinet. Chief Building Official
ATTACHMENTS: Co• of the Variance; Relevant Code Section
STAFF SUMMARY
Background:
St. Andrews Church at 5308 Buffalo Speedway is requesting a variance to replace
the existing internally illuminated sign cabinet with two single faced LED electronic
message boards. The LED sign is in a residential impact area and does not comply with
Section 6-27 requiring 200 feet from residential sites.
1
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• •
City of West University Place
m APPLICATION TO THE BUILDING AND STANDARDS COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
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Address of site: 530t6 Eu .� � --flo
Legal description of the site: L -1- -a s I `3k 4 L o f 13 c €59 OtAt■tacs►
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Applicant: 'MI r\oQ s ck..e,. 4 (AA-0 tz_c.,t-i-
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Contact: F3,tecv---
Phone: -i 13.2..{9=}-9zo o Fax: -1(3.349 co( z.
Email Address: berme,,7-11—to(z)wrx e,\ Ine(-Y\A.n`v►rn lle r. ri-w -
Decision or Action Requested(check one or more and provide requested data):
( ) Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the building official (or
other administrative official) of the City.
• Name and title of the administrative official:
• Is the official's action in writing? ( )Yes; ( ) copy is attached. ( ) No, but the action appealed is as follows:
• When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay
below:
• Exact code of ordinance section(s) involved:
• Grounds for appeal:
( ) Special Exception.
• Exact code of ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
()()Variance.
• Exact code of ordinance section from which a variance is requested:
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• Exact wording of variance requested: LEY3
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My commission expires: G 1 _ , Notary Public
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*****PROVID. ORIGINAL PLUS 15 COPIES (16 TOTAL) OF ALL SUBMITTALS*****
Signature of applicant: � ' Date: 5°IQjt Fj'
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For Staff Use only Date file • V) -) -1 Date heard:-L 01 Docket#:r -C1 r'
Form BSC-102
• •
St Andrew's Presbyterian Church Illuminated Sign
The scope of work is to remove existing 6' h x 8' wide internally
illuminated sign cabinet (leaving stone structure and two existing
square tube support pipes in place). Provide and install two single-faced
Led electronic message boards back to back, welded to support pipes.
Fabricate install internally illuminated aluminum ID header sign cabinet
with routed push-thru graphics, to read:
St. Andrew's Presbyterian Church
Message board will be Hyoco Model HPCB15T-R1G1B1-MS full color
with 72 x 144 matrix, 15 mm pitch, with display capabilities of 9 lines
with 24 characters per line. We will mount antenna near the doors to
the circle drive and cable will need to be run (by others) to nearby
computer that will allow program updates to be sent to sign.
To comply with local sign code, Sign will be programmed to not change
the message more often than every five minutes, and the message will
change within one second or less. Blinking, rotating, moving, chasing,
flashing, glaring, strobe, scintillating, or spot lights or other types of
movement are not allowed. Brightness limits shall be programmed for a
maximum of 6500 nits between sunrise and sunset, and 1250 nits
between sunset and sunrise.
Signs will fit in same space as existing, but to allow for structural
support, they will be a similar depth (24") as the stone monument.
The sides will be enclosed.
4208 Washington Ave,
Houston TX 77007 HOUSTONStGNMAKER.COM
281 990-7446 Custom Signs,We Love What We Do..
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APPENDIX A
Amend Section 6-27 as follows: Deletions shown by Strikeout:Additions shown by
Underline.
Sec. 6-27. Illuminated, Light Emitting Diode(LED), moving signs.
a. No illuminated part of any sign in a residential impact area may
face any site in the city used for SFR residential purposes unless the site is more
than 200 feet from the sign. Exception: this does not apply to signs Illuminated
only by reflected white lights which are shielded so that the source of the light
cannot be seen by a person standing in a street area or on other premises.
Illumination, if used, may not flash, blink or move. All parts of all signs must be
stationary when in use. It shall be an affirmative defense that a non-fixed sign
was caused to move only by the wind.
b. LED signs are prohibited on sites used for residerrtiel Purouses and
o r dential im act sites. LED i son all other sites e t to current
regulations.
c All LED signs must pomo/y with the following:
1, No more than one LED sign per business shell b9 gliowed.
2. Messages shall not change more then once per 30 seconds and
shall not fiastt, blink or move.
3. Brightness shall not exceed 6500 nits between sunrise and
sunset, and 1250 nits between sunset and sunrise. Each sign
shall have a light sensing device to autornaliselly adjust the
brightness. LED signs shall be certified as to cgmni(ance upon
installation and continually m?intained by the sign owner.
Note: Other restrictions on lighting may also apply; see, e.g., Article 2,Sectio n 6,
and in the zoning ordinance, Article 6, Section 8-907.
0101091i 1)cx t
! •
A Helpful Guide for Variance Consideration
Please note any notes placed on this document must be turned into the commission secretary for compliance with the
records retention law. Please Sign, Date and include the docket number.
Mandatory factors.
1. Did the applicant make an earnest, good faith effort to comply with the requirement in the ordinance?
2. Did the applicant bring the matter to the attention of the city on his own motion,without intervention or enforcement
action by any city official?
3. Are there any alternative methods or procedures that will achieve the same,or substantially the same, result as literal
compliance with the requirement in the ordinance?
Required findings.
[Answers in brackets are required to support granting a variance]
1. Does the requirement in the ordinance impose an exceptional hardship upon the applicant? (Financial cost,alone,
does not ordinarily constitute an exceptional hardship.) [Yes]
2. Is there any reasonable and feasible method or procedure available to comply with the requirement of the ordinance?
[No]
3. Has the applicant demonstrated to the BSC that the imposition of the requirement of the ordinance is unjustified
because of good and sufficient cause? [Yes]
4. Will the variance introduce or increase any threat to public health or safety? [No]
5. Is the variance consistent with the purpose and intent of the ordinance in question? [Yes]
6. Will the variance cause a nuisance and will it unreasonably interfere with the use of nearby property? [No]
7. Will the variance cause a fraud to be worked upon the public or any individual? [No]
8. Will the variance cause an increase in public expenditures or budgets? [No]
9. Will the variance create an irreconcilable conflict with any other ordinance, law, rule or regulation? [No]
Permissive factors.
1.Will the variance assist in the protection or preservation of historic structure or in the protection or preservation of old stock
housing (as such housing then exists or as it may be proposed to be remodeled or expanded)?
2.Does the application involve remedial work necessary to bring a structure into compliance with applicable ordinances?
3.Are there other similar circumstances in existence?
a.
0.
• •
Sec. 6-19. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Abandoned means a sign that had a permit but the permit has been expired for 30 or more
consecutive days and/or does not identify or advertise a bona fide business, lessor, service, owner,
product, event or activity, or pertains to a time, event or purpose which no longer applies.
Balloon and other floating device means a visible airtight or air flow-through apparatus commonly
made of latex, Mylar or other similar material that extends by a cord, rope, string, wire or other similar
material.
Banner means a non-fixed sign made of cloth or similar pliable material that is not a flag.
Billboard means a sign erected in the outdoor environment for the purpose of the display of
commercial or noncommercial messages not pertinent to the use of products sold on, or the sale or lease
of, the property on which it is displayed.
Canopy means an open-air structure (either free-standing or attached to a building) that affords
shade or shelter for persons standing or walking beneath it.
Display area (or "DA") means the whole surface area of a sign. All faces of a sign are counted,
except that only one side of an ordinary cloth flag is counted. The area of uprights, bracings and other
structures supporting a sign are only counted to the extent:
(1) They are used or designed to display a message;
(2) They form a sign border; or
(3) They are otherwise designed or used to attract the attention of the public to the supported sign.
If there is a border, all the area within the border (including any cutout area) is counted, plus any facings
extending beyond the border. If sign symbols are painted onto (or affixed) directly to the surface of a wall,
awning, window or other structure not otherwise erected or altered for sign purposes, and if there is no
sign border, only the area of the symbols themselves is counted. Example: Letters and numbers are
painted onto a load-bearing wall not otherwise altered for sign purposes. There is no sign border. In this
example, only the area of the brush strokes forming the letters and numbers is counted as display area.
Facade area is measured using a simple elevation view of the building. Exception: For a building
with separate retail units, the total facade area of each unit is the facade area bordering the unit's space.
Fixed means a sign designed and affixed to be a permanent, nonmoveable sign. Exception: Neither
a flagpole nor a flag is considered a "fixed" sign.
Flag means a non-fixed sign:
(1) Made of cloth or similar pliable material;
(2) Designed to be (and actually) attached along one side only and not otherwise braced or
supported;
(3) Having a longest dimension not greater than twice its shortest dimension; and
(4) Otherwise allowed to move freely.
Ground sign means a sign affixed to the ground directly and independently of other structures.
High clearance banner means a banner meeting all of the following criteria:
(1) It is displayed above a street area, but no part of it is lower than 15 feet; and
(2) It is not attached to any pavement or facility owned by the city.
Moving sign means any sign, sign appendages or apparatus designed or made to move freely in the
wind or designed or made to move by an electrical or mechanical device.
Page 1
• •
Non-fixed means that a sign is:
(1) Made of nonrigid material (e.g., cloth, cardboard, paper, pliable plastic), in whole or in part;
(2) Designed and attached so that it can be immediately picked-up and moved by a single person
of ordinary strength, without using any tools.
Off-location or off-premises sign means a sign that advertises, promotes or pertains to a business,
person, organization, activity, event, place, service, product, etc., at a location other than where the
business, person, organization, activity, event, place, service, product, etc., is located.
Portable sign means any sign designed or intended to be relocated from time to time, whether or not
it is permanently attached to a building or structure or is located on the ground.
Relevant facade area means the area of a building's facade where the principal entrance is located.
Residential impact site means any given site, neither used for SFR purposes nor located on a major
thoroughfare, but having a front street line along a street where 51 percent or more of the sites in the
"impact area" are used for SFR purposes. The "impact area" includes all sites with front street lines along
the same street (counting on both sides of the street) and located (in whole or in part) within 200 feet of a
side property line of the given site.
Retail unit means a whole building or part of building which:
(1) Is separately owned or leased;
(2) Has a principal entrance visible from a street area with direct access from the street area (or
through a common use area open to the public); and
(3) Is primarily used to sell goods or services, in person, to members of the general public.
In a typical shopping center, for example, each ordinary store would probably be a separate "retail unit,"
but an ordinary business office would not be a separate "retail unit".
Rigid materials includes:
(1) Materials which are always rigid; and
(2) Other materials which appear to be taut or rigid when on display, even though they may be
designed to bend, stretch or break under wind loads or other unusual stresses.
Roof sign means a sign mounted on and supported by the roof portion of a building or above the
uppermost edge of a parapet wall of a building or structure.
Searchlight (or skylight) means any apparatus capable of projecting a beam or beams of light.
Semi-fixed means that a sign is:
(1) Made entirely of rigid materials;
(2) Designed and affixed so that it does not move while on display;
(3) Capable of being immediately picked-up and moved by a single person of ordinary strength,
without using any tools.
SFR means single-family residential.
Sign has the same meaning as in V.T.C.A., Transportation Code ch. 393 "In this chapter, 'sign'
means an outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, or other
thing that is designed, intended, or used to advertise or inform." The term includes any structure, vehicle
or other object which has the principle purpose of supporting or displaying a sign. Each physically
separate display is considered a separate sign unless:
(1) It is solidly joined connected with another display (or a structure) to form a compact and
contiguous sign unbroken by internal borders,frames or other divisions; or
(2) It is enclosed within a frame or border designed to form a unified sign.
Page 2
Signs on the outside surface of any wall, window or other structure are considered to be "outdoor."
Symbols includes letters, numerals, pictures and other symbols used to communicate a message.
Temporary. A sign is temporary if, on the same premises, neither it nor any other non-fixed or semi-
fixed sign is displayed more than:
(1) Two times during any 365-day period;
(2) One time during any 30-day period; or
(3) 72 hours each time.
For this purpose, "premises" includes the entire building site, unless there are two or more retail units on
the site, in which case each unit is considered separate "premises".
Wind device means any pennant, streamer, spinner, balloon, cloud-buster balloon, inflatable object
or similar device made of cloth, canvas, plastic or any flexible material designed to float or designed to
move, or move freely in the wind, with or without a frame or other supporting structure.
(Code 2003, § 3.201; Ord. No. 1990, § 1(app. A), 5-19-2014)
Page 3
•
The City of West University Place
A Neighborhood City
NOTICE OF BUILDING AND STANDARDS COMMISSION HEARING
The Building and Standards Commission("BSC") of the City of West University Place, Texas
("City")will hold a public hearing in the Bill Watson Conference Room of the municipal
building, 3800 University Boulevard, City of West University Place, Texas 77005, during a
meeting set to begin at 6:00 p.m. on June 4, 2015. The purpose of the hearing is to provide an
opportunity for all persons to be heard in relation to the following matter:
Address of the site: 5308 Buffalo Speedway
Legal Description of the Site: LT 2 & TRS 1B & 1C BLK 89 SEC2
Docket No.: 201 -02 Applicant: St. Andrews Presbyterian Church
Action Requested: Variance to Chapter 6, Article II, Section 6-27(a) requesting approval
to install two single faced LED electronic message boards to replace existing internally
illuminated sign cabinet.
Applicable regulations include the City's Development Regulations (Chapter 18 and Chapter 70
of the Code of Ordinances, Texas Local Government Code and the rules of the BSC. Additional
details on such matters, as well as the applicable regulations are available for public inspection in
the Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested
in such matters should attend the hearing.
If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting,please contact the
Development Services Office at 713-662-5834 in advance of the meeting. Reasonable accommodations will be made to assist your
participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking
spaces are available in the southwest parking area.
TOP
WORK
PLACES
3800 University Boulevard ( West University Place, TX 77005 I www.westutx.gov
•
A Helpful Guide for Variance Consideration
Please note any notes placed on this document must be turned into the commission secretary for compliance with the
records retention law. Please Sign, Date and include the docket number.
Mandatory factors.
1. Did the applicant make an earnest,good faith effort to comply with the requirement in the ordinance?
2. Did the applicant bring the matter to the attention of the city on his own motion,without intervention or enforcement
action by any city official?
3. Are there any alternative methods or procedures that will achieve the same,or substantially the same, result as literal
compliance with the requirement in the ordinance?
Required findings.
[Answers in brackets are required to support granting a variance]
1. Does the requirement in the ordinance impose an exceptional hardship upon the applicant? (Financial cost,alone,
does not ordinarily constitute an exceptional hardship.) [Yes]
2. Is there any reasonable and feasible method or procedure available to comply with the requirement of the ordinance?
[No]
3. Has the applicant demonstrated to the BSC that the imposition of the requirement of the ordinance is unjustified
because of good and sufficient cause? [Yes]
4. Will the variance introduce or increase any threat to public health or safety? [No]
5. Is the variance consistent with the purpose and intent of the ordinance in question? [Yes]
6. Will the variance cause a nuisance and will it unreasonably interfere with the use of nearby property? [No]
7. Will the variance cause a fraud to be worked upon the public or any individual? [No]
8. Will the variance cause an increase in public expenditures or budgets? [No]
9. Will the variance create an irreconcilable conflict with any other ordinance, law, rule or regulation? [No]
Permissive factors.
1.Will the variance assist in the protection or preservation of historic structure or in the protection or preservation of old stock
housing (as such housing then exists or as it may be proposed to be remodeled or expanded)?
2.Does the application involve remedial work necessary to bring a structure into compliance with applicable ordinances?
3.Are there other similar circumstances in existence?
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May 31, 2015
Dear Neighbors,
St. Andrew's is working toward upgrading our sign on Buffalo Speedway. We
would like to include you in the process. Below is the specification for the change.
To comply with local sign code, sign will be programmed to not change the
message more often than every five minutes, and the message will change within
one second or less. Blinking, rotating, moving, chasing, flashing, glaring, strobe,
scintillating, or spot lights or other types of movement are not allowed. Brightness
limits shall be programmed for a maximum of 6500 nits between sunrise and
sunset, and 1250 nits between sunset and sunrise.
Signs will fit in same space as existing, but to allow for structural support, they will
be a similar depth (24") as the stone monument.
I support the new sign for St. Andrew's Presbyterian Church:
Name Address Signature
2
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ao , , 7 La, 'MEM
Computer monitors,for example, are in the 300 nit range.A typical LED billboard is in the 5,000 to 6,000 nit ballpark. If
an electronic billboard isn't brighter than 6,500 nits, it's in trouble.