HomeMy WebLinkAboutRes 09-56 Approving a Sign Variance for Fossil Creek SpiritsTOWN OF WESTLAKE
RESOLUTION 09-56
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, APPROVING A SPECIAL EXEMPTION TO
THE ALLOWABLE SIGN AREA AND APPROVING SPECIAL
EXCEPTIONS TO SECTION 70-12 OF THE CODE OF
ORDINANCES TO ALLOW THE SIGN TO BE ILLUMINATED
AND ALLOWING A TEMPORARY SIGN TO REMAIN IN PLACE
UNTIL THE PERMANENT SIGN IS INSTALLED. THE
PROPOSED SIGN WILL BE LOCATED AND USED TO
ADVERTISE THE BUSINESS LOCATED AT 3 VILLAGE CIRCLE,
SUITE 100.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Town Council of the Town of Westlake, Texas, does
hereby approve the special exception and special exemptions as requested by the
applicant. See application attached. Exhibit "A".
SECTION 3: If any portion of this Resolution shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the
remaining provisions hereof and the Council hereby determines that it would have
adopted this Resolution without the invalid provision.
SECTION 4: That this resolution shall become effective from and after its date
of passage.
PASSED AND APPROVED ON THIS 14 DAY OF DECEMBER 2009.
ATTEST:
Kell Ed ds, Town Secretary
U9 9 \ s,
L. Stanton L%y, Io "ttorney
Laura Wheat, Mayor
2omas E. Br er, Town Manager
TOWN OF WESTLAKE TX
STAFF REPORT TO TOWN COUNCIL
I. CASE INFORMATION
Case No. Resolution 09-56
Date: 12-03-09
Request: Consider a Resolution authorizing the issuance of a permit for an
illuminated building sign that exceeds the size limits allowed by Town ordinances.
Location: 3 Village Circle Suite # 100. PD -1, Solana mixed use campus.
Owner: Maguire Partners- Solana Limited Partnership.
Zoning: PD -1, Solana mixed use campus.
II. STAFF REVIEW COMMENTS
1. General
Fossil Creek Spirits is leasing space at 3 Village Circle suite #100. They are
requesting a permit for a sign that will be 41.7 sq. ft. and will have LED
illumination on the letters. Signs over 24 sq. ft. are prohibited and so are
illuminated signs. However, provisions within the code of ordinances allow the
Town Council to grant special exemptions and exceptions by resolution if it is
found that unusual building design or circumstances warrant special
consideration.
2. Special exceptions and exemptions requested.
a. Increase of allowed square footage of the sign, from 24 square feet to
approximately 42 square feet..
b. Allowing the illumination of the lettering by Light Emitting Diodes (LED).
c. Allowing a temporary sign to remain in place until the permanent sign is
installed.
Resolution 09-56
Attachment A
3. Code Sections applicable to the request.
Sec. 70-12. Signs and display cases within commercial districts.
(a) Generally. All signs or display cases in the commercial districts require a sign permit. The
building official may, subject to the standards set forth in this chapter, temporarily approve an
application for a sign or display case. Such approval shall expire at the next meeting of the board of
aldermen. All permits shall be for a specific location and the moving of such signs or display cases
shall require a new permit. The regulations in this section shall apply within the commercial districts.
(b) Prohibited signs and display cases. No sign or display case shall be permitted that:
(1) Does not pertain to a commercial use on the site.
(2) Is incompatible in design with the building and space allotted.
(3) Is flashing, illuminated, phosphorescent, moving or primarily glossy.
(4) Contains lettering exceeding 12 inches in height.
(5) Projects or extends above the eave or parapet line, if attached to any structure.
(6) Is for a business which does not have an active business license on file with the town.
(7) Exceeds 24 square feet in area.
(8) Could create confusion to the public or to police and fire response calls in emergencies, or tends
to degrade the character of the town, affect the peace, health and welfare of the community or result
in a degradation of property values and/or an increase in the cost of municipal services.
c) Maximum allowable sign area.
(5) The board of aldermen may make special exemptions to the allowable areas in this subsection
where hardship is incurred or where unusual design of a building requires special consideration.
(d) Signs exempt from formal review.
(e) Sign area.
(f) Standards for display cases.
(g) Special exceptions. The board of aldermen may consider resolutions which grant special
exceptions to this subsection where hardship is incurred or where unusual circumstances warrant
special consideration.
III. PLANNING AND ZONING COMMISSION RECOMMENDATIONS
This type of request does not require a recommendation from the Planning and
Zoning commission.
IV. STAFF RECOMMENDATIONS
Staff recommends approval of this Resolution to allow the permitting of the sign as
submitted. The temporary sign should be allowed only until the permanent sign is
installed or 90 days maximum.
Resolution 09-56
Attachment A
Resolution 09-56
Attachment A
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Resolution 09-56
Attachment A