planning & zoning commission meeting revised the...
TRANSCRIPT
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PLANNING & ZONING COMMISSION MEETING
TUESDAY, May 19, 2020, 6:30 P.M.
REVISED
JUSTIN CITY HALL 415 NORTH COLLEGE STREET
In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020, the Justin Planning & Zoning Commission will conduct the meeting scheduled at 6:30 p.m. on Tuesday, May 19, 2020 by telephone conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There will be no public access to the location described above. A recording of the telephonic meeting will be made, and will be available to the public. The public dial in number to participate in the telephonic meeting is: 1 (253)-215-8782 Join Zoom Meeting by clicking the following link: https://us02web.zoom.us/j/85637415693?pwd=cGYvbXdiL2NXUlVhR3N4NkJ0UHE1dz09
Meeting ID: 856 3741 5693 Password: 113077 I. CALL TO ORDER: Invocation and Pledge of Allegiance. II. PUBLIC COMMENT:
In an effort to allow the public the ability to participate in the public comment portion and not attend the meeting in person, the City will allow the following: The public may email their comment to the Director of Development Services by 5:00 pm on Tuesday, May 19 at [email protected]. The Director will read the email to the Commissioners during the public comment portion of the meeting. Please make sure to include your name and address, along with your comment pertaining to an item on the agenda, in the body of the email. The Director will read the email to Commission during the discussion of this item. Please include your full name and address. Please identify the agenda item that you wish to discuss in the submitted email, so it can be provided to the Commission.
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III. DISCUSSION:1. Discuss and consider a Final Plat (FPLT 20-02), 79 residential lots and 2 open
space lots for Timberbrook Phase 3A.
2. Discuss and consider a recommendation to amend Section 12-313, Mobile Food Truck regulation; amending Chapter 52, Section 52-41 mobile food truck schedule of uses and Master Fee Schedule.
IV. WORKSHOP:3. Discuss and hear a presentation/study session regarding the City Sign Ordinance.
V. CONSENT:4. Approve minutes from April 21, 2020 Planning & Zoning Meeting.
VI. FUTURE AGENDA ITEMS5. Amending City Sign Ordinance; Amending City Parking Ordinance and
Adopting a Unified Development Code.
VII. ADJOURNMENT:Prepared and posted, this 15th day of May 2020 by 5:00 P.M., in accordance with the Texas Local Government Code statute.
__Darrell W. Gentry __________________Darrell W. Gentry, Director of Planning & Development Services
NOTE: THE CITY OF JUSTIN COUNCIL CHAMBERS ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY DEVELOPMENT SERVICES DEPARTMENT OFFICE AT 940-648-2541 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED BY CITY OFFICES.
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PLANNING & ZONING COMMISSION MEETING Staff Report
May 19, 2020
CASE NO: FPLT 20-2 Final Plat Timberbrook Phase 3A
STAFF CONTACT: Darrell W. Gentry, Director of Planning and Development Services
PROJECT: Final Plat for Timberbrook, Phase 3A, Timber Ridge Drive and Hackberry Drive
EXECUTIVE SUMMARY: Timberbrook Phase 3A, Bloomfield Homes, owner and developer, Douglas
Properties, Inc is requesting approval of Final Plat, pursuant to Planned Development zoning and a Preliminary Plat map creating 79 residential lots and 2 open space lots.
DETAILS: This site is generally located on the northwest portion of the master planned development community, Timberbrook, generally located at Timber Ridge Drive and Hackberry Drive. The applicant is seeking approval of Final Plat to allow development of this phase of residential subdivision. Current zoning: SF-1, PD Single Family-Planned Development.
This request is subject to the platting requirements of the City’s Subdivision Ordinance adopted January 14, 2019 and the terms of the approved Planned Development Ordinance approved by City 2017.
Planning & Zoning Commission and City Council may approve or reject the Final Plat, if and only if the Plat does not conform to City Subdivision Ordinance or to the approved Planned Development Rezoning. The presented Final Plat conforms to the approved PD development and lot size standards. The number and minimum lot size conforms to the City’s Subdivision Ordinance as it was adopted January 14, 2019.
ACTION NEEDED: 1) Conduct a review of the Final Plat as presented for conformance to approved Planned
Development agreement and the City’s adopted Subdivision Ordinance.2) Approve or deny the requested Final Plat.
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STAFF RECOMMENDATION: Staff recommends approval of the Final Plat based on:
1) It is consistent with the City’s adopted 2017 Comprehensive Land Use Plan designation ofSingle Family Residential.
2) Zoning for the property is SF-1, PD 598, Single Family Residential, Planned Development.3) Complies with the City’s Subdivision requirements for Final Plat.
ATTACHMENTS: (A) Final Plat 20-02 (Timberbrook Phase 3)(B) City Engineer’s Review Letter May 15, 2020
© 2019 Microsoft Corporation © 2019 HERE
97.3
3'N
11°
44'2
8" E
TIMBER RIDGE DRIVE
25'
WRENWOOD DRIVE
25'
50'25
'25
'
25'
25' 50
'
R=50'
R=50'
N 88°07'09" W 327.91'
N 88°13'32" W 912.19'
20' B.L.
PARK VIST A DR.
TIMBER RIDGE DR.20' B.L.
20' B.L.
N 88°13'32" W 767.82'
L18
SEWER EASEMENTDOC. NO. 2020-16202
D.R.D.C.T.
SEWER EASEMENTDOC. NO. 2020-16202
D.R.D.C.T.
A-546A-1477
A-1
650
REMAINDER OFCALLED 165.08 ACRES
HENRY A. PENNINGTON J.R. ET ALVOL. 1474, PG. 811
D.R.D.C.T.
A-8
79
A-1
444
A-5
46
CALLED 149.934 ACRESSUSAN H. MICHAUD J.R. ET AL
VOL. 4345, PG. 516D.R.D.C.T.W.W
. YOUNG SURVEY
A-1444
H. McDONALD SURVEY
A-879
A-879
JUSTIN CITY LIMIT
JUST
IN C
ITY L
IMIT
OLIVER CREEK
OLIVER CREEK
A-1444
OLIVER C
REEK
25' 25'
50'
N.S
. HAZELTO
N S
URVEY
A-546
20X
586,066
SQ. FT.
3
14,298
SQ. FT.
2
11,203
SQ. FT.
1
13,196
SQ. FT.
18
10,249
SQ. FT.
32
8,750
SQ. FT.
35
8,678
SQ. FT.
20
10,400
SQ. FT.
28
14,364
SQ. FT.
21
10,400
SQ. FT.
22
10,400
SQ. FT.
23
10,400
SQ. FT.
24
10,400
SQ. FT.
25
10,400
SQ. FT.
26
10,400
SQ. FT.
19
10,400
SQ. FT.
27
10,429
SQ. FT.
30
14,341
SQ. FT.
1
8
10,400
SQ. FT.
32
12,304
SQ. FT.
31
13,438
SQ. FT.
5
10,400
SQ. FT.
29
23,204
SQ. FT.
6
10,400
SQ. FT.
7
10,400
SQ. FT.
10
10,400
SQ. FT.
9
10,400
SQ. FT.
11
10,467
SQ. FT.
38
10,717
SQ. FT.
L=67.76'
2.37'
80.00'80.00'80.00'80.00'80.00'80.00'80.00'80.00'80.45'L=67.12'
L=56
.13'
L=19.62'
L=62
.36 '
L=10.82'
L=70
.38 '
L =8 0
.92'
80.00'80.00'80.00'80.00'80.00'80.00'80.00'73.23'
52.0
2'92
.52'
80.0
0'80
.00'
82.5
5'12
4.00
'
106.23'70.04'
N 89°53'56" W 611.21'
N 0
0°06
'04"
E
534.
46'
95.92'S 82°58'49" E
94.24'
N 61°17'34" E
105.
84'
N 20
°00'
00" E
66.1
4'N
29°0
9'43"
E
65.89'
N 72°48'46" E
N 84°08'17" E60.16'
103.62'S 60°01'59" E
S 40°07'11" E 256.88'
S 51°54'24" E 138.91'S 82°48'45" E 122.06' N 70°21'18" E 136.98'
N 57°07'49" E 128.52' S 88°18'11" E 215.05' N 87°33'36" E 110.32'
N 67°52'06" E 207.51'
N 08°48'05" E5.83' 65.10'
N 62°35'14" E
S 01
°46'
28" W
22
4.07
'C
1S
01°4
6'28
" W
224.
78'
111.
05'
L1L2
L3
118.
66'
=8 2
.92'
L=21.47'
L=70
. 45 '
L=75
.57 '
5.55'L1
2161.94' 80.00' 80.00' 80.00' 80.00' 80.00' 80.00' 80.00'
10.88'
L=69.20'
L=1.55'
L660.00'70.00'40.70'
L=31.30'
L=221.13'
C350.83' 70.00' 70.00' 70.00' L=70.46'
63.94'L=85.61' 289.82'
70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 62.37' L=60.09'
N 7°13'57" E
114.
56'
80.00'70.00'70.00'70.00'
N 1°52'51" E
110.
70'
N 01°52'51" E 168.02'
70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00' 70.00'
N 1°46'28" E
125.
00'
L=60.11'L=7.63'
62.37'70.00'70.00'70.00'70.00'70.00'70.00'70.00'70.00'70.00'70.00'70.00'79.82'L=35.11'L=34.93'
34.43'
29.51'
L=40.65'L=45.47'
L7
N 1°46'28" E
125.
00'
80.00'70.00'70.00'
80.00'
70.00'80.00'
70.00'N 88°13'32" W
80.00'
70.00'N 88°13'32" W
80.00'
70.00'70.00'80.00'
70.00'80.00'70.00'70.00'
80.00'
70.00'N 88°13'32" W70.00'
N 88°13'32" W80.00'
110.00'
N 68°38'3
5" E
106.33'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
N 23°51'15" W157.68'
N 10°53'24" W169.43'
N 10°53'24" W152.51'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
04'
N 1°46'28" E
125.
00'
N 1°52'51" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
N 1°52'51" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
124.
96'
N 1°46'28" E
125.
00'
N 1°52'51" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
N 38°16'02" W
146.06'
N 1°58'19" E
130.
00'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
S 89°17'44" E171.35'
N 89°51'04" E174.21'
N 88°13'32" W196.32'
N 88°13'32" W175.40'
L13
N 1°46'28" E
91.0
2'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
N 89°51'04" E160.45'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
N 1°46'28" E
130.
00'
70.00'
N 88°07'09" W 360.00'
106.33'
S 68°38'3
5" W
S 01
°46'
28" W
23
4.76
'L4
S 01
°46'
28" W
13
2.90
'
N 88°13'32" W 633.23'
N 88°13'32" W 700.00'
20' B.L.
10' U.E.20' B.L.
70.00'
C2
10' U.E.
1
1 17.21'
138.
29'
138.
29'
1
10' U
.E. &
B.L
.
1
1
1
L8
L10
L9
C4
C5
C6
C7
C8
C9
L11
143.
8 3'
52.21'275.70'
10' U.E.
10' U
.E.
50'
25' 25'
50'
10' U.E.
1
50.66'50.66'
AP
PR
OX
IMA
TE
LO
CA
TIO
NO
F A
BS
TR
AC
T L
INE
CALLED 411.268 ACRESJUSTIN TIMBERBROOK, LLC.
DOC. NO. 2016-55837D.R.D.C.T.
REM
AIN
DER
OF
CA
LLED
207
.569
AC
RES
BLO
OM
FIEL
D H
OM
ES, L
PD
OC
. NO
. 201
6-64
678
D.R
.D.C
.T.
TIMBERBROOK, PHASE 2DOC. NO. _______
P.R.D.C.T.
L5
BIR
CH
GR
OV
E T
R.
116.
10'
132.
90'
70.03'70.03'70.03'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
N 1°46'28" E
125.
00'
HA
CK
BE
RR
Y L
AN
E
BLOCK 14
BLOCK 19
BLOCK 14
BLOCK 19
BLOCK 17
POINT OFBEGINNING
33
8,750
SQ. FT.
N 1°52'51" E
125.
00'
34
8,750
SQ. FT.
4
11,289
SQ. FT.
23
8,750
SQ. FT.
30
8,750
SQ. FT.
22
8,750
SQ. FT.
29
8,750
SQ. FT.
21
8,599
SQ. FT.
28
8,750
SQ. FT.
27
8,750
SQ. FT.
26
8,750
SQ. FT.
25
8,750
SQ. FT.
24
8,750
SQ. FT.
16
8,750
SQ. FT.
12
8,750
SQ. FT.
6
8,750
SQ. FT.
15
8,750
SQ. FT.
11
8,750
SQ. FT.
10
8,750
SQ. FT.
5
8,750
SQ. FT.
14
8,750
SQ. FT.
9
8,750
SQ. FT.
17
8,795
SQ. FT.
13
8,750
SQ. FT.
8
8,750
SQ. FT.
2
17,007
SQ. FT.
80.00'
7
8,750
SQ. FT.
L=7.63'
37
10,870
SQ. FT.
N 1°52'51" E
156.
37'
36
11,111
SQ. FT.
BLOCK 14
10' U.E.
20' B.L.
71.31'
10' U
.E.
20' B
.L.
N 1°52'51" E
152.
02'
39
10,515
SQ. FT.
31
9,023
SQ. FT.
70.00'
10' U
.E.
20' B
.L.
10' U.E.
S 01
°46'
28" W
23
4.76
'
SEWER EASEMENTDOC. NO. _______
D.R.D.C.T.WRENWOOD DR.
10' U
.E. &
B.L
.
20' B.L.10' U.E.
20' B.L.10' U.E.
10' U
.E.
20' B
.L.
20' B
.L.
10' U
.E.20' B
.L.
10' U
.E.
10' U
.E. &
B.L
.
3/8" I.R.F.
M.E.P. & P.R.R. SURVEY
N.S
. HAZELTO
N S
URVEY
A-546
DED
ICA
TED
SA
NITA
RY C
ON
TRO
L
TIMBERBROOK, PHASE 2DOC. NO. _______
P.R.D.C.T.
SEWER EASEMENTDOC. NO. 2020-16202
D.R.D.C.T.
A-879
A-1444
A-5
46
27.70'
AT B.L.
70.00' AT B.L.
LOT 1 LOT 2 LOT 3LOT 4 LOT 6
LOT 12
LOT 26
LOT 1
LOT 28
LOT 1
BLOCK 17
LOT 13
LOT 27 LOT 26
LOT 2 LOT 3
LOT 2 LOT 3
RIDGEVIEW ESTATESCAB. N, PG. 398
P.R.D.C.T.
TIMBERBROOK, PHASE 2DOC. NO. _______
P.R.D.C.T.
BLOCK 16
BLOCK 16
LOT 25
LOT 14
36.24'
AT B.L.L=37.85'
AT B.L.
L=72.89' AT B.L.
L=80.01' A T B.L.
L=42.46'
AT B.L.
BLOCK 15
BLOCK 14LOT 19X
LOT 26 LOT 25
LOT 24
LOT 24
BLOCK 14
HA
CK
BE
RR
Y L
AN
E
N 1°52'51" E
154.
19'
L=21.06'L20
L19
15' U.E.
10' D.E.
10' D
.E.
10' D.E.
10' D.E.10' D.E. 10' D.E. 10' D.E.
10' D.E.10' D.E.
10' D.E.
10' D.E.
10' D.E.
10' D.E.
4
10,268
SQ. FT.
3
15,686
SQ. FT.
APPROXIMATE LOCATIONOF ABSTRACT LINE
100-YEAR EFFECTIVE FLOODPLAINPER FEMA LOMR CASE #18-06-1570P
DATED FEBRUARY 7, 2019
LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
BEARING
S44°04'10"W
S01°43'48"W
S45°45'05"E
S44°05'06"W
S00°06'57"W
N43°07'09"W
S46°52'51"W
N01°52'51"E
S73°56'17"W
S43°13'32"E
S01°46'28"W
N46°46'28"E
N08°04'01"W
N42°11'56"W
S45°34'58"W
S47°48'46"E
S42°02'54"W
N01°52'51"E
S88°07'09"E
S88°07'09"E
DISTANCE
14.86
50.18
13.51
14.79
50.08
14.14
14.14
25.00
63.94
21.21
40.55
14.14
39.57
13.89
13.84
16.76
17.76
173.29
4.99
11.42
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
RADIUS
50.00
800.00
20.00
250.00
250.00
800.00
800.00
800.00
800.00
800.00
1000.00
ARC LENGTH
63.88
0.78
25.62
78.29
77.83
67.73
68.48
141.60
342.43
398.73
183.26
DELTA ANGLE
73°12'01"
0°03'20"
73°23'54"
17°56'34"
17°50'12"
4°51'02"
4°54'16"
10°08'28"
24°31'30"
28°33'25"
10°29'59"
CHORD BEARING
S01°46'28"W
S01°51'11"W
S51°25'11"E
S82°54'34"W
S82°51'22"W
S89°20'57"W
S89°19'20"W
S06°50'42"W
S00°20'49"E
S01°40'09"W
S73°39'34"W
CHORD LENGTH
59.62
0.78
23.90
77.97
77.51
67.71
68.46
141.41
339.83
394.62
183.00
FINAL PLATOF
LOTS 21-39, 20X, BLOCK 14; LOTS 1-11, BLOCK 17;LOTS 1-9, 10X, BLOCK 18, LOTS 1-40, BLOCK 19
TIMBERBROOK, PHASE 3ABEING
39.522 ACRESSITUATED IN THE
HUGH McDONALD SURVEY, ABSTRACT No. 879NATHANIEL S. HAZELTON SURVEY, ABSTRACT No. 546
R.W. TERRILL SURVEY, ABSTRACT No. 1650WILLIAM W. YOUNG SURVEY, ABSTRACT No. 1444
CITY OF JUSTIN, DENTON COUNTY, TEXAS79 RESIDENTIAL LOTS, 2 NON-RESIDENTIAL LOTS
Date: April 2020
PREPARED BY:
GM
OODWINARSHALL
CIVIL ENGINEERS ~ PLANNERS ~ SURVEYORS
AN
D
INC
.
2405 Mustang Drive, Grapevine, Texas 76051(817) 329 - 4373
TBPE REGISTRATION # F-2944TBPLS # 10021700
E:\1
0666
- Tim
berb
rook
\CO
GO
\PHA
SE 3
A\P
H3A
FPL
AT.
dw
g
SHEET 1 of 2
GRAPHIC SCALE 1"=60'
0 60 120 180
PRELIMINARY, this document shall not be recorded forany purpose and shall not be used or viewed or reliedupon as a final survey document.Issued for review 4/2/2020 3:41 PM
OWNER/DEVELOPER:
1050 E. HWY 114, SUITE 210SOUTHLAKE, TX 76092
(817) 416-1572
BLOOMFIELDHOMES
DEVELOPER:
DOUGLAS PROPERTIES, INC.2309 AVE. KSUITE 100PLANO, TX 75074(972) 422-1658VICINITY MAP
N.T.S.
SITE
MATCH SHEET 2
MA
TC
H S
HE
ET
2
TYPICAL STREET INTERSECTIONN.T.S.
LOC
AL
STRE
ET C
ENTE
RLIN
E
NOTE:DETAIL PERTAINS TO ALL LOCAL INTERSECTIONS.
25'
25'
25'
25'
1
25x25 PUBLIC OPEN SPACE EASEMENT
LEGENDBOUNDARY CORNER UNLESSOTHERWISE NOTED
SQ. FT. SQUARE FEET
U.E. UTILITY EASEMENT
B.L. BUILDING LINE
R/W RIGHT-OF-WAY
DOC. NO. DOCUMENT NUMBER
CAB. CABINET
SL. SLIDE
VOL. VOLUME
PG. PAGE
D.R.D.C.T. DEED RECORDS, DENTONCOUNTY, TEXAS
P.R.D.C.T. PLAT RECORDS, DENTONCOUNTY, TEXAS
I.R.F. IRON ROD FOUND
C.I.R.F. CAPPED IRON ROD FOUND
C.I.R.S.CAPPED IRON ROD SET(GOODWIN & MARSHALL)
BOUNDARY LINE
ADJOINER LINE
ABSTRACT LINE
EASEMENT LINE
CENTERLINE OF CREEK
25'X25' (P . O . S . E.)PUBLIC OPEN
SPACE EASEMENT
May 15, 2020
PK No.: 3340-13.294
TX Reg. Engineering Firm F-14439
Mr. Darrell Gentry
Development Services Director
City of Justin
P.O. Box 129
Justin, Texas 76247
Re: CITY OF JUSTIN
Timberbrook Final Plat Phase 3A
Justin, Texas
Dear Mr. Gentry:
In accordance with your request of May 7, 2020, we have reviewed the Final Plat and Construction
Plans for the referenced subdivision and offer the following comments. For your convenience, we
have shown the applicable section of the City’s Subdivision Regulations that apply to the
comments.
Section A – Final Plat
Section B - Construction Plans
B.1 Sheet 19 – There is no drainage easement nor drainage easement shown where outfall
(downstream) of detention pond is located. Either provide drainage easement on plat,
separate document and show outfall easement. [3.10] The detention facility has capacity
increased along with energy dissipation installed at outlet to not increase flow and help
decreased channelization of flow onto adjacent property. This appears to be a good
alternative.
Should you have any questions about the information contained herein, please do not hesitate
to call.
Sincerely,
/S
Christopher J. Cha, P.E.
Page 1 of 4
PLANNING & ZONING COMMISSION MEETING May 19, 2020
Staff Report
CASE NO: Discuss and consider a recommendation to amend Section 12-313, Mobile Food Truck regulations; amending Chapter 52, Section 52-41 Schedule of Uses and Master Fee Schedule. STAFF CONTACT: Darrell W. Gentry, Director of Planning and Development Services
RECOMMENDATION: Discuss and consider making a recommendation to City Council to amend Section 12-313 Mobile Food Truck regulations, and to amend Schedule of Uses and Master Fee Schedule.
SUMMARY: The City Council initiated this review last year after hearing from the
public that the City process and fee costs were excessive. Planning & Zoning Commission, at its April 21st meeting, asked for
additional information regarding how to allow seasonal and/or special event mobile food trucks to serve hot, prepared meals instead of restricting Class I Seasonal and Class I Special Events food truck operations. Staff was directed to do more research for industry comments and remarks about the proposed regulations.
Additional changes to Class descriptions has been made to address
questions and issues discussed by Commission at its last meeting on this proposed ordinance...
In summary, staff clarified the classes to include 4 classes of mobile
food units. This was to keep clarity between the classes without complicating the regulations.
New language was added to address Commission questions about
existing restaurants that should have a food truck operation in addition to their sit-down restaurant operations. This inclusion lead to a Class IV mobile food truck.
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DETAILS: The draft regulations would amend, once adopted by the City Council, existing City requirements and re-structure the fee schedule to accommodate a 3 Classes of mobile food truck operations.
All classes of mobile food truck businesses must comply with State
Health Code requirements and these defined classes are: Class I—Seasonal:
• no more than 6 months consecutive and selling prepackaged and hot, ready-to-eat prepared foods and beverages.
• is subject to an administrative Use Permit review, a non-public hearing process with authority to deny, approve or conditionally approve the permit application. Denials must be provided in writing to the applicant.
• are allowable in GB, LR and LI zoning districts. • are subject to fees for: Food Establishment—Mobile Food Permit
for Seasonal-6 months or less and an administrative Specific Use Permit fee of $400.00. A modification of the Schedule of Fees is required to include this administrative Use Permit fee.
Typical applicants might include but not be limited to: fundraising
events, church or youth organizations, such as youth baseball, soccer or football or other sport activity organizations.
Class II (Change to Class II, to reduce confusion)—Special
Events: • no more than 4 days consecutive and selling prepackaged and
hot, ready-to-eat prepared foods and/or beverages. • permit expires at end of 4th day. • allowable in GB, LR, GB-OT and SF zoning districts. • requires an administrative approval or conditional approval
of a Special Events, Vendor Permit application, a current Health Certificate issued by Denton or Tarrant Counties or by the City of Justin Health Inspector as provided by the permit applicant. Health Inspector approval of mobile food truck owned by an operating restaurant is required, prior to administrative approval or conditional approval of SUP, required for serving hot, ready-to-eat prepared foods
• fees shall be Vendor Permit--$25.00 plus $10.00 for each person working as a vendor plus a Food Establishment Temporary Permit--$35.00 per vendor space. No change in Fee Schedule is needed.
Typical applicants might include but not be limited to: fundraising
events, church or youth organizations, non-profit organizations or agencies and public safety agencies or organizations.
Page 3 of 4
Class III (Change to Class III, to reduce confusion)—Long Term:
• mobile food truck operation offering/selling ready-to-eat meals or foods prepared as cooked, wrapped, or portioned for service, sale or distribution by the specific mobile food truck.
• are allowable in GB, LR, LI zoning districts only. • requires a Specific Use Permit application, subject to a public
hearing review process and a review by the Planning & Zoning Commission and the City Council. City Council is authorized to make the final decision on the Use Permit. Planning & Zoning Commission shall review and provide an advisory recommendation to the City Council to approve, conditionally approve or deny a Specific Use Permit application.
• application must provide application information, plans and location as required by the adopted ordinance requirements. Permits required include a current Health Certificate issued by Denton or Tarrant Counties or by the City.
• a current food establishment permit fee of $200.00 is required for open foods.
• a Specific Use Permit, a public hearing review process is required. Fees shall be based on existing Schedule of Fees for Specific Use Permits, a public hearing review--$1,085.00.
Class IV —Existing Restaurants with Mobile Food Trucks:
• mobile food truck operation offering/selling ready-to-eat meals or foods prepared as cooked, wrapped, or portioned for service, sale or distribution by the specific mobile food truck featuring foods prepared in an existing restaurant located and operating in the City of Justin.
• are allowable in GB, LR, LI zoning districts only. • requires a Specific Use Permit application, subject to a public
hearing review process and a review by the Planning & Zoning Commission and the City Council. City Council is authorized to make the final decision on the Use Permit. Planning & Zoning Commission shall review and provide an advisory recommendation to the City Council to approve, conditionally approve or deny a Specific Use Permit application.
• application must provide application information, plans and location as required by the adopted ordinance requirements. Permits required include a current Health Certificate issued by Denton or Tarrant Counties or by the City.
• a current food establishment permit fee of $200.00 is required for open and ready-to-eat meals and foods.
• An administrative Specific Use Permit review process to operate annually is required. Fees shall be based on existing Schedule of Fees for administrative Specific Use Permits. A fee of $800.00
Page 4 of 4
should be charged for administrative Use Permit with annual renewals only charged a $200.00 food establishment permit fee of $200.00 separate from any fees assessed for the sit-down restaurant dining establishment.
Staff reviewed City processing costs, which are inclusive of a minimum 2 hour cost (minimum of $250.00 per hour) for outside Planning and Engineering consultants reviews, newspaper notice and property owner notifications plus Development Services staff review and analysis time in assessing the application, site location, permit application information and preparation of reports, public notices, and zoning information. Newspaper notice costs can be approximately $50-80. Property owner notice costs are variable and dependent on how many notices must be mailed. Costs of materials, time and postage are also incurred. Thus, we recommend no change in this fee.
ACTION NEEDED: 1) Review of the proposed amendment to mobile food truck regulations, fees
and land use/zoning for such uses. 2) Hear any public testimony for or against the proposed new regulations,
fees and land use/zoning designation. 3) Make a recommendation to City Council to hold a public hearing to
consider amending existing regulations to mobile food truck regulations, types of permits required, allowable zoning districts and proposed fees.
STAFF RECOMMENDATION: Staff recommends approval of the proposed mobile food truck regulations as presented in the attached document. Said amendments are consistent with State Health Code requirements for mobile food establishments; addresses the City Council’s questions and concerns about costs and process and provides a greater degree of clarity of how to administer mobile food truck operations within the City. Staff also recommends applying the land use/zoning designations for allowable locations of mobile food trucks as described herein and call for a modification of the Schedule of Uses to reflect the changes. We also recommend that the Commission make a recommendation that the City Council accept the fees identified in this report to be applied to mobile food truck permit applications. ATTACHMENTS: (A) Proposed Mobile Food Truck Regulations
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Section 12.313 is amended as follows:
TO BE DELETED
Sec. 12-313. - Mobile food units.
(a) Display of permit. The mobile food unit permit sticker for a mobile food unit shall be displayed on the upper left rear area of the vehicle in a conspicuous location. If such location is not practicable, the permit shall be located in a location approved by the director.
(b) Mobile barbecue trailers. Mobile barbecue trailer cooking surfaces shall be tightly enclosed and constructed in such a way as to protect all food contact surfaces from possible contamination both in transit and during use. Mobile barbecue trailers shall be used in conjunction with an approved and permitted commissary and mobile food unit.
(c) Commissary. All mobile food units handling open potentially hazardous foods, catering units and pushcarts shall operate from a commissary, or other fixed food service establishment that is regularly inspected by a regulatory health agency.
(d) Servicing area. All mobile food units handling open foods, catering units, and pushcarts shall have a servicing area, which shall have overhead protection, a location(s) for draining and flushing liquid wastes and a location(s) for the loading and unloading of food and related supplies.
(e) Servicing area operation.
(1) All liquid waste containers shall be thoroughly flushed and drained daily during servicing operations.
(2) Flushing and draining activities shall be conducted in the servicing area. No flushing or draining of liquid waste shall be permitted on public streets or in any other area other than the servicing area.
(f) Waste retention.
(1) All liquid waste shall be stored in a retention tank that shall have a minimum capacity of 7.5 gallons or that is at least 15 percent larger in capacity than the fresh water supply tank, whichever is greater.
(2) Solid waste shall be contained in an easily cleanable, self-closing, lidded trash receptacle, which shall be kept on or near the mobile unit at all times.
(g) Water system. All mobile food units handling open potentially hazardous foods shall provide not less than 15 gallons of water under pressure (including gravity flow) at all times for use in utensil cleaning, sanitizing and hand washing. A single water inlet shall be located so as not to be contaminated by waste discharge. Such inlet shall be capped at all times except when being filled, and shall contain only potable water. Connection or direct hook-up to water sources other than those on the mobile unit are prohibited unless approved by the director.
(h) Temporary events. Mobile food units and caterers may operate at temporary events by possessing a valid mobile food unit permit or by obtaining a temporary food establishment permit and meeting the requirements of a temporary food service establishment as described in this article.
(i) Violation. The owner or operator of a mobile food unit commits an offense if the mobile food unit is operated in violation of any provision of this section.
Sec. 12-313. – Mobile Food Units PROPOSED AMENDMENT
1. Definitions
The following words, terms and phrases, when used in section 12-313, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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Approved source. Any facility where food is prepared, handled or stored which complies with all laws relating to food and food labeling.
Certified food manager means any person who has attended a certified food manager's class approved by the state department of health and who possesses a current food manager's certificate.
Commissary also known as a central preparation facility; base of operations; or premises from which a mobile unit operates. A commissary shall be used as a base of operations for all classes of mobile food Units. A commissary is a site approved by the City Health Department at which food preparation, storage and cleaning or servicing of the vehicle occurs. State law prohibits the use of a private residence as a central preparation facility or warehouse.
Employee means the permit holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.
Food means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
Food establishment a food establishment means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption as follows:
(A) a restaurant, retail food store, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending location, (machine), self-service food market, conveyance used to transport people, institution, or food bank;
(B) an establishment that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers; and
(C) includes an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority and an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.
(D) food establishment does not include an establishment that offers only prepackaged foods that are not time / temperature controlled for safety food, a produce stand that only offers whole, uncut fresh fruits and vegetables, a food processing plant, a cottage food industry, an area where cottage food is prepared, sold or offered for human consumption, a Bed and Breakfast Limited facility as defined in this chapter, or a private home that receives catered or home-delivered food.
Food handler means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.
Health department means the health department or individual designated by contract with the city to provide permitting and inspection services for food service establishments.
Mobile food unit vehicle mounted, self or otherwise propelled, self-contained food service operation, designed to be readily movable (including, but not limited to catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food. Mobile units must completely retain their mobility at all times. A roadside food vendor is classified as a MFU.
Packaged. Bottled, canned, cartoned, bagged, or wrapped, whether in a food establishment or in a food processing plant. Does not include wrapped or placed in a carry-out container to protect the food during service or delivery to the consumer by a food employee upon consumer request.
Permit holder. The entity that is legally responsible for the operation of the food establishment such as the owner, the owner’s agent, or other person who possesses a valid permit to operate a food establishment. Can also be referred to as a license holder as per paragraph (77) of this section.
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Person. Any individual, partnership, association, corporation, corporation, firm, club, trustee, receiver, and body politic and corporate.
Regulatory authority. Any municipal officer or department of the city appointed by the city manager to administer this article.
Sanitizer means any chlorine, iodine, quaternary ammonium compound or other chemical sanitizing agent used at temperatures, pHs and concentrations in accordance with the EPA-approved manufacturer's use label and approved by the state board of health.
Sanitary facilities. Toilet or restroom facilities, which discharge the sewage effluent and wastewater into an approved holding tank, on-site sewage disposal system, or municipal sanitary system.
Servicing area means a designated area provided for the supplying, cleaning or serving of mobile units.
Single-service articles means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one-time, one-person use and then discarded.
Special event. A temporary gathering including but not limited to a party, a festival, a sporting event, a fundraiser, a musical performance, an amusement exhibition or any other exhibition of artistry, goods, services, sales or a combination of events.
Stationary food unit. A self-contained cart, or trailer mounted on wheels designed to be readily movable. The unit remains in a fixed position during food preparation and its hours of operation at the same location throughout the year. Also known as Class II.
Temporary food service establishment means a food establishment that operates at a fixed location for not more than 14 consecutive days in conjunction with a single event or celebration.
Trash Receptacle means a self-closing lidded container and waste handling unit for refuse, recyclable and returnable used with materials containing food residue and used outside the food establishment shall be designed and constructed to have a tight-fitting lids, doors or covers. Used to minimize insect and rodent attraction.
Utensil means any implement used in the storage, preparation, transportation, or service of food.
2. Mobile Food Units are subject to the following regulations: a) Compliance Required
It shall be unlawful for any mobile food unit to sell, offer or exhibit, for the purpose of taking orders for sale thereof, any food, food product or food additive at any location within the city without first having complied with the provisions of this section.
b) Types of Mobile Food Unit Permits Allowed and Specific Use Permit Requirements 1. Class I Seasonal – Defined as a commercially manufactured, motorized or stationary
mobile food unit in which ready-to-eat-food is cooked, wrapped, packaged, processed, or portioned for service, sale, or distribution. Permit lasts six (6) months.
2. Class II Yearly– Defined as a commercially manufactured, motorized or stationary mobile food unit in which ready-to-eat-food is cooked, wrapped, packaged, processed, or portioned for service, sale, or distribution. Permit lasts one (1) year.
3. Class III Special Event – Defined as a commercially manufactured, motorized or stationary mobile food unit in which ready-to-eat-food is cooked, wrapped, packaged, processed, or portioned for service, sale, or distribution. Temporary Mobile Food Unit Permit that is in conjunction with a special event not lasting more than four (4) days.
4. Class IV In-Town Restaurant- Defined as a commercially manufactured, motorized or stationary mobile food unit of a current food establishment with a valid City of Justin Health Permit in which ready-to-eat-food is cooked, wrapped, packaged, processed, or
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portioned for service, sale, or distribution. This permit allows food establishments within the city to expand their current operations to a mobile unit. Class IV must be registered under the food establishment’s name and must use the food establishment as the commissary.
c) Location 1. All Class II mobile food units must be located on a parcel within the following zoning
districts when applying for a Specific Use Permit: i. Light Retail ii. General Business iii. Light Industrial
2. All Mobile Food Units shall comply with applicable regulations of 25 TFER Section 228 et al.
3. Mobile food units shall be located on an individual private parcel, where an existing permanent business operates in a building with a certificate of occupancy.
4. Mobile food units shall provide the city with a copy of written permission from the property owner on an annual basis to allow the operation of a mobile food unit and to allow the mobile food unit and their customers’ access to sanitary facilities on-site.
5. A mobile food unit shall submit a site plan depicting the location of the mobile food unit on the property; shall secure or provide a current mobile food unit permit; and supply food handler cards from Denton or Tarrant County, with copies given to the city.
6. Mobile food units shall be located within 500 feet of an entrance of a primary building that holds the certificate of occupancy.
7. No mobile food units shall be located on a vacant lot. 8. No mobile food units, their merchandise, advertising, or seating shall obscure traffic sight
visibility. 9. No mobile food units operating under this regulation shall be allowed to sell or service
food on any public street, sidewalk, or other public right-of-way unless approved in writing by the city.
10. Mobile food units shall not operate in driveways or fire lanes. 11. Mobile food units, including any applicable seating, may operate in parking spaces in a
non-residential zoned individual property, parcel, tract or platted lot, if the required parking for the center remains in compliance with the parking code located in the city Ordinance Section 52-233, subject to obtaining a specific use permit prior to commencement. A site plan indicating the specific location is required.
12. Mobile food units shall be removed from the parcel on a daily basis and may only operate during the business hours of the primary business and may not be parked longer than 12 hours.
d) Use of Streets 1. No vendor shall have any exclusive right to any location in the public streets nor shall any
be permitted a stationary location. 2. No vendor shall be permitted to operate in any congested areas where their operations
might impede or inconvenience the public. For the purpose of this section, the judgment of an enforcement officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
3. As an exception, Class I and Class II Mobile Food units shall be allowed to establish a stationary location on private property upon compliance with the following:
i. Written permission is obtained from the private property owner for the establishment of the stationary location and this permission authorizes utilization of the on-site restroom facilities for the employees of the mobile food unit. This
Commented [MB1]: How is this enforced? Revocation of permit?
Commented [DG2R1]: Added language requiring a SUP for a location.
5
permission shall be submitted to the regulatory authority prior to initiation of such activity.
ii. The mobile food unit shall only be allowed on the premises from 7:00 a.m. until 7:00 p.m. or, if the private property is a business, during the business's regular hours of operation.
iii. The mobile food unit shall be required to return to a commissary for daily cleaning and maintenance as required by this section and 25 TFER Section 228 et al.
iv. This exception shall apply to property zoned as light retail, general business, and light industrial, as designated by the city's zoning ordinance. This exception may also apply to private property located in any other zoning district if authorized by planning and zoning commission and city council on a case-by-case basis
e) Motorized or Stationary Application Class I, Class II, and Class III Under this section the applicant must submit an application with the regulatory authority at least seventy-two (72) hours before vending activities begin. An application shall contain the following information: 1. Name, date of birth, and driver's license number of the applicant; 2. Applicant's permanent address (both physical and mailing addresses) and telephone
number; 3. If the applicant is an employee or agent of the company, the name, address and
telephone number of this company; 4. The number of the limited sales tax permit issued to the business by the state
comptroller's office; 5. Name, address, telephone number, driver’s license, and date of birth of all persons
having use of the vending vehicle; 6. A description of the vending vehicle which will be used under this permit. This
information shall include the manufacturer, model year, color and vehicle identification number; License plate number
7. Any other information required by the regulatory authority.
In addition to the application form, the applicant must provide a letter signed by the operator of the commissary stating that the applicant has access to commissary facilities for all food and utensil storage, cleaning and maintenance activities.
f) Motorized or Stationary Application – Class II 1. Any person operating a Motorized or stationary food unit must comply with the following
i. The application shall include a signed commissary agreement. ii. A written permission from the property owner to use property and restrooms must
be obtained and submitted with the application. iii. The unit must be made of stainless steel, anodized aluminum, or fiberglass
reinforced plastic. No wood or any other absorbent materials are allowed. iv. The unit must be mounted on wheels, non-motorized, and easily movable. v. The bottom of the unit must be at least six (6) inches from the ground vi. The unit must have the following accessories:
1. Internal tank with potable water; 2. Internal tank for wastewater; 3. A handwashing sink; 4. Liquid soap and paper towels; 5. Hot holding compartment to maintain hot foods hot; 6. Cooling compartment to maintain cold foods cold.
vii. Mobile unit must be removed at the end of each day and washed, sanitized, and stored at the commissary
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viii. Unit must operate within fifty (50) feet of an entrance of a primary building that holds a certificate of occupancy.
ix. Mobile vendors may operate only during the normal business hours of the primary business on the property.
x. Mobile food vendor may not operate from parking spaces, driveways, fire lanes, or public roads.
xi. A drive-through is not permitted. xii. Mobile vendors shall be set back a minimum of one hundred (100) feet from main
roads or streets. xiii. No bare-hands contact is permitted. Gloves and hair restraint must be worn at all
times. xiv. Only single service articles are to be used. xv. Stem-type food thermometers must be available to check for internal food
temperatures. xvi. Cutting, slicing, chopping, etc., of fruits or vegetables is not permitted. xvii. If used, ice must be drained into a retention tank to be properly disposed of at the
commissary. xviii. Unit must display the business name and permit on both sides in at least three-
inch letters g) Vehicle
All mobile food units shall have a valid vehicle registration, motor vehicle operator's license, proof of vehicle liability insurance, and a Texas Sales Tax Permit.
h) Mobile Unit Operations 1. The owner or operator of a mobile food unit which handles open food shall make certain
that at least one certified food manager is on duty during all hours of operation. 2. A drive-through is not permitted in conjunction with the mobile food unit and shall not
provide a drive-through service of any kind. 3. All mobile food units shall be equipped with a self-closing lidded, trash receptacle. The
trash receptacle must be placed outside next to the mobile food units for use by the patrons of the unit. The area around the mobile food units shall be kept clean and free from litter, garbage, debris, and food waste
4. Temporary connections to potable water are prohibited. Water shall be from an internal tank, and electricity shall be from a generator or an electrical outlet via a portable cord that is in conformance with the Electrical Code as adopted by the City of Justin.
5. Except as otherwise limited by the City of Justin Code of Ordinances, or other city codes, a mobile food unit may utilize outside seating consisting of a portable table and a seating capacity of not to exceed four.
6. Except as otherwise limited by city codes, a mobile food unit shall be allowed amplified music as long as such music shall not violate the nuisance definitions of noise established by section 28-29 of the Justin Code of Ordinances.
7. All foods shall be from an approved source 8. Cooking shall not be conducted while the vehicle is in motion. 9. If wanting to serve alcoholic beverages, a mobile food vendor shall follow all necessary
Texas Alcoholic Beverage Commission and the City of Justin requirements. 10. A hold-harmless agreement is required to be completed with the City of Justin if the mobile
food unit is to be located on City of Justin property. 11. Owners of any Class II mobile food unit must sign a notarized statement that they
acknowledge and accept a minimum amount of $1,000,000.00 liability insurance, that covers the mobile food unit, must be maintained at all times and that proof of such insurance coverage can be demanded to be provided to the city upon three (3) working days’ notice to the owner.
i) Issuance of all Class I and Class II mobile food permit holders 1. Upon completion and presentation of the application, the regulatory authority shall issue a
permit in the form of a sticker, which shall be affixed to the vending vehicle in a location to
Commented [MB3]: Is this for class one only?
Commented [DG4R3]: Added clarification of which MFT unit
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be determined by the regulatory authority. Permits shall be valid for one (1) year from the date of issue. Permits are nontransferable and shall not be prorated.
2. Each person who works under this permit shall be issued an identification badge which must be worn by the vendor in a place where it is visible by the general public at all times while vending. The identification badge will be issued unless grounds for denial exist under section 12-313(n) of this article. Such identification badge shall contain the signature of the issuing officer and shall show the vendor's name, address, and vending vehicle(s) to which the vendor is authorized to use thereunder. The regulatory authority shall keep a permanent record of all identification badges issued.
j) Expiration of Mobile Food Unit Permits 1. Class I: Unless otherwise specified, Mobile Food Unit Permits and Identification badges
issued under the provisions of this section shall expire six (6) months from the date of issuance.
2. Class II: Unless otherwise specified, Mobile Food Unit Permits and Identification badges issued under the provisions of this section shall expire one (1) year from the date of issuance.
3. Class III: Permit shall expire four (4) days from date of issuance 4. Class IV: Unless otherwise specified, Mobile Food Unit Permits and Identification badges
issued under the provisions of this section shall expire at the end of the year, December 31, or when the parent food establishment location has their health inspection revoked.
k) Transfer 1. No permit issued under the provisions of this article shall be transferred or assigned.
i. A person commits an offense if he/she alters or uses the identification badge of any other person.
ii. A person commits an offense if he/she allows another person to use such identification badge.
l) Exhibiting identification Mobile vendors are required to exhibit their identification badge and/or permit at the request of an authorized officer of the city or any citizen. Identification badges shall be worn on their person in public view at all times while vending.
m) Fees The Mobile Food Unit permit fee shall be located on the City of Justin’s Fee Schedule as established and as approved by resolution of the city council.
n) Records 1. The regulatory authority shall maintain a record for each vehicle's vending permit and all
badge permit issued and record of reports of violation therein. o) Denial of permit
1. The regulatory authority may deny or suspend a Mobile Food Unit permit for failure to comply with any provisions of this section.
2. The regulatory authority shall make a notification of denial within forty-eight (48) hours from receipt of the application via email, phone call or written letter.
p) Suspension of permit. 1. Refer to Section 12-217
q) Revocation of permit 1. Refer to Section 12-219
r) Appeal Any applicant aggrieved by the action of the regulatory authority with reference to the revocation of a permit shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city secretary, within fourteen (14) days after notice of the action complained of has been mailed to such person's address given in the application, a written statement setting forth fully the grounds for the appeal. The time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant. The decision of the city council on such appeal shall be final and conclusive.
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s) Exemptions The provisions of this section shall not be held applicable to vendors of farm produce, poultry, stock or agricultural products in their natural state if raised on land owned or leased by the vendor, and if such products are sold at the site where the items are grown or raised by any member of such owner's or lessee's household.
t) Fines for violations; remedies 1. Refer to Section 12-220
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PLANNING & ZONING COMMISSION MEETING
May 19, 2020
Staff Report
CASE NO: Discuss and conduct a study session regarding the City Sign Ordinance. STAFF CONTACT: Darrell W. Gentry, Director of Planning and Development Services RECOMMENDATION: Discuss and conduct a study session concerning the existing City Sign Ordinance and discuss holding a public hearing for purpose of amending the ordinance.
SUMMARY: The 2019 Sign Ordinance was amended to address the impacts of
the FM 156 construction. The City Council had initiated that particular amendment process. Simultaneously, we were able to address some critical concerns, such as limiting billboard signage and providing temporary signs for businesses directly affected by FM 156 construction project.
This study session is for the purpose of examining the City’s Sign
Ordinance to determine how and what amendments could be useful and beneficial to the local businesses and for the general public interest in not creating “signage blight”. This study session is also to determine how usable and clear our existing sign ordinance is in its present form, and what laws or case law decisions have been made to warrant an update to the City’s existing Sign Ordinance.
Staff has done an examination of signage changes done in recent
times, as well as where sign ordinance is unclear in their application. We also used a Model Sign Code framework to evaluate and prepare materials for this study session.
Like Model Codes for building and construction, this Model Sign
Code framework provides guidance and specifics on how local sign ordinance can be established to address very local conditions and goals. The Model Sign Code framework stresses the following criteria in establishing or amending an existing ordinance:
There are common interests for both community and business interests. The Model Sign Code framework purposes are:
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� To serve a legitimate business advertising function. � To use signs to identify and advertise a facility as a means of “way-finding” assuring that the signs efficiently direct the motorists from the highway/roadway to the adjacent facilities. � To assure that signs are sized and arranged to minimize clutter and prevent unsafe conditions. � To assure that signs and their message are of sufficient size to be legible and comprehendible by the intended audience which is typically a passing motorist. This Model framework is most applicable to smaller communities – say those with populations up to several hundred thousand. These communities “typically” possess the variety of character areas that are the basis for this Model Code framework. While larger cities may have many similar character areas they may also have a wider variety of unique areas that warrant special considerations that are not addressed. Specifically, the additional purposes of this study session and framework are: � To achieve a reduced level of administrative and design review, and time periods for review, prior to a sign application being approved. � To assure that a reasonable time is provided for non-conforming signs to remain before they must be brought into compliance. � To convey to communities that to be effective, the bottom of the freestanding sign (pole signs) must be above parked or moving vehicles. Conversely, ground type signs are often blocked by vehicles and landscaping. � To have communities realistically evaluate their existing codes – particularly enforcement – rather than reaching a “knee jerk” conclusion that poor enforcement of the existing regulations should trigger a new code with more restrictive regulations. There are a number of interrelated factors for signage: Readability, Sign Design and Sign Location. With respect to sign design, readability and comprehension are influenced by: � The size of the lettering or logos – minimum size of the letters has been established based on the distance that the viewer is from the sign. � The relationship of the lettering/logos – which is the message area - to the background area – often referred to as the “white space” or “negative space” - of the sign. � The thickness and spacing of the letters. � The number of elements – words, syllables, symbols, logos, etc. - that can be seen and read in the short period of time that the viewer (typically the motorist) likely has available. This is particularly relevant to wall signs that need to be seen and comprehended instantaneously. � Color contrasts between the message and the background.
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� Letter style. � Lighting. The number of elements that can be comprehended is also influenced by the familiarity of the message – the words, fonts, and logos. When a sign is familiar it is “taken in” as a whole and, therefore, more information can be comprehended in the viewing time available. Since the motorist has a limited time to view the sign, particularly if multiple signs need to be visually scanned sorted in the same time-frame, the signs must: � Be within the viewer’s “cone of vision” –both to the side of the highway and vertically so the eyes and head of the motorist won’t waiver too far from the roadway. � Be at a height that will not be easily blocked by obstructions – mainly other cars and trucks on the roadway or parked nearby. � Have increased letter sizes when the signs are located father from the viewer who is typically on the adjacent street. All of these variables are important considerations in order to permit signs that “work” – i.e., achieve their intended purpose of being able to be read by their intended audience. Some of these factors influence the size of the sign. Other factors influence the quality of the sign’s design, as in, for example, the relationship between the lettering and background area of the sign. Even reasonable and thoughtful consideration of all of these factors does not dictate or suggest a single minimum size and height standard that should be incorporated in a community’s sign ordinance. Therefore, this study session should also examine the existing City Sign Ordinance standards and criteria to determine appropriate standards. A copy of the existing City Sign Ordinance is attached for this session and will be used frequently. However, the size and height ranges that satisfy the criteria referred to above, for those signs that incorporate the “normal range” of words and elements that are needed and expected, and balance public and private interests. The community must be cognizant of all of these factors, when formulating new or amended sign regulations. Principles of a Sign Code Based on the preceding fundamental considerations, the following are the important principles that should guide the development of all sign codes. The sign code should:
1. Include regulations for all types of on premise signs, including: commercial (office, retail, etc.), industrial, multi-family developments, institutional and public uses (including those public and institutional uses that are typically in residential districts), and entry signs for large subdivisions.
2. Include regulations for other “attention getting devices” such as balloons, banners, etc. 3. Also include all of the following:
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� A statement of the purposes to be achieved � Definitions � Standards for measuring sign areas � Regulations governing sign placement, height, and area � Enforcement � Regulations for temporary signs � Prohibited signs � Regulations for non-conforming signs � Administrative provisions, variances and appeals 4. Be content-neutral to the greatest degree practicable so as to avoid favoring some types of signs – or sign users – over others. This means that sign regulations will not be based upon a sign’s message. Instead, the regulations will be based upon the sign’s function and its placement on the building or site. The meaning and implications of “content neutrality” are further explained in this document. 5. Include standards that address the variety of uses/character areas that are typically found in communities. 6. Have separate requirements for different types of signs (e.g. wall signs, free standing signs, projecting signs, and window signs) because each type of sign has different needs and impacts from the others. This is in contrast to a single maximum allowance for signage on each site that can be divided or shifted between wall and freestanding signs. This approach insures that both wall and freestanding signs are in proportion to the building and/or the site. Otherwise, for example, if a code allows most of the total permitted sign area for a site to be on the freestanding sign, the freestanding sign(s) could be too large for the site. In addition, the “single allocation” approach to sign regulation is difficult to administer because each time a new sign is requested, zoning has the responsibility to monitor how the site’s, or each tenant’s, sign allotment has been distributed among the various sign type and location possibilities. This can be cumbersome for multiple tenant properties when tenant signs routinely change and the historical records may not clearly document the available sign area allocations for new proposals. 7. Establish the area and height requirements for wall and freestanding signs based on the “nature and character” of a Character Area. In all cases, however, the signs shall be in such location and of such size so the sign message is easily discerned and the intended audience, generally the passing motorist, can react and make necessary traffic maneuvers safely. 8. Have procedures that permit bonuses to sign areas, sign height, and number of signs based on unique design considerations when such additional signage will not compromise the public interest or not set a precedent that could then be requested and applied routinely in other more conventional locations in the community. 9. Consider the need to establish a reasonable program for the elimination of legal non-conforming signs (e.g. amortization) provided: � The time for removal is 10 years or longer; and
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� The Code incorporates provisions that � The Code incorporates provisions that permit the extension of the time limits for compliance based on considerations such as the value of the sign and the length of time the sign has been in place; the amount of depreciation claimed; the length of the current lease or expected occupancy; the degree of non- compliance; and � The owner or tenant is permitted to replace the panels/inserts on nonconforming signs when uses or ownership is changed and there is no other change, such as structural change to the existing non-conforming sign; and � The provision is made for signs that have landmark status. The amortization of non-conforming signs is far less an issue for both the business and the community when the sign regulations comport with the principles and suggested standards in this framework. PART II. LEGAL CONSIDERATIONS Local Government Regulation of Business Signs 1. Overview Local government authority to regulate signs is based on the “police power.” “Police power” is a shorthand term for government’s authority to enact laws and regulations to preserve public order and harmony and to promote the public health, safety and welfare. Zoning and other local regulatory powers are derived from the “police power.” Local governments routinely regulate signs through either a “sign code” ordinance or provisions for sign regulation in a zoning ordinance. While sign regulations apply to several different types of signs, including “on-premise” residential, institutional and business signs and “off-premise” outdoor advertising signs (commonly called billboards), This discussion is limited to the regulation of “on-premise” business signs. Sign regulations normally place limits on the location, number, size (both in area and height), and illumination of business signs. They also specify standards for the construction, erection, and maintenance of sign structures. The basic enforcement tool for local business sign regulation is to require a business to obtain a permit prior to erecting a new sign or modifying the structure of an existing sign. Obviously, a permit is issued only when the proposed sign or modification complies with the provisions in the code. In some communities, the sign regulations also require periodic examination of existing signs to insure they are properly maintained. 2. Regulation of Size, Number and Location of Business Signs As previously noted, a sign code will normally regulate the location, number, size, etc. of business signs. It is common for sign regulations to vary depending on the zoning district in which a business is located. For example, businesses located in a “Highway Business” District might be allowed larger or higher signs than businesses located in a “Local Business” District. Such differences in regulatory treatment between districts may be justified by differences in such factors
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as the size and speed of the districts’ roadways or the typical setbacks from the right-of-way in the district. In some instances, variations in regulatory treatment depend on the nature of the business itself; i.e. one type of business (e.g., an auto dealership) may be allowed more or bigger signs than another type of business (e.g., an appliance store); in some cases, the signs should reflect the site’s acreage and not merely based on road frontage. Regulatory distinctions based on the type of business can raise significant legal issues. 3. Permit Application Requirements Almost all sign codes require that a business apply for and obtain a permit before erecting or modifying a “permanent” business sign. It is not unusual, however, for sign codes to exempt from permit requirements certain “temporary” business signs that will be displayed for a relatively brief period. For example, many sign codes allow a business to display a vinyl or cloth banner advertising a special event (e.g., “Annual Sale” or “Model-year Closeout”) for periods ranging from a few days to several months. Most sign codes also totally exempt signs displayed inside store windows from the permit requirement (at least up to some maximum percentage of the window area, e.g., 25% or 35%) and such signs may remain in place indefinitely. The permit process usually begins with the applicant obtaining a permit application from a zoning or building or zoning official in the local government office. Permit applications normally require the applicant to submit various information related both to the construction and installation of the sign and the site where it will be installed or erected. Submission requirements will vary from community to community. For example, while some codes will require only a sketch or photograph of the property where a sign will be installed, others require the submission of a formal site plan. The application must be filled out completely and accurately and the application fee paid in full, before being reviewed. 4. Permit Review Procedures There are two basic procedures for local government review of a sign permit: administrative approval, which stresses quantitative criteria, and design review, which goes beyond quantitative criteria to consider qualitative guidelines. Administrative approval involves a straightforward objectively based decision. An administrator reviews a permit application to determine if it complies with the numerical standards stated in the sign code and approves or rejects the application based on whether the proposed sign will be in compliance. Design review, in contrast, supplements numerical standards with qualitative guidelines that attempt to “fine tune” sign approval decisions by evaluating the relationship between any given sign and its proposed site based on specified criteria. For example, a design review process might try to achieve greater “compatibility” between structures and signs by adding design standards related to sign materials, lighting and design. Proponents of design review claim that the addition of this discretionary process promotes creativity by applicants and permits greater flexibility in sign approval.
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Critics of design review argue that the process creates uncertainty about permit approvals and significantly increases both the cost and time required to obtain a permit approval. It is possible, however, to have an optional design review process, one that is voluntarily entered into by applicants, rather than a mandatory one. This option allows the applicant to choose between designing a sign strictly according to numerical standards (which sometimes are very restrictive) or going through a design review process that allows for larger signs, more flexibility, or both. For example, the numerical standard for a projecting sign might consist of a maximum allowable area of “x” square feet. This would probably produce a simple, rectangular sign, maximizing the copy area. Such a sign might say “Elder Day Club.” Under an optional design review process, the sign area could be increased by a certain percentage, but the sign would need to include a unique, eye-catching logo that would add liveliness to the streetscape. Such a method rewards both businesses and sign producers for creative efforts. 5. Sign Variances A variance is a legal device allowing local government to provide a property owner with relief from the normal application of some zoning code restriction, such as minimum lot or building size, height limits, or setback requirements. Variances are granted when government determines that there are special circumstances, unique to the property in question, that would create practical difficulties if the zoning code were enforced as written. A commonly occurring situation is where adherence to the sign code would seriously compromise the visibility of a sign and thus potentially harm the economic viability of the business. This situation can occur, for example, where a significant grade difference exists between the property and an adjacent or nearby street or highway from which the business is expected to draw significant vehicular traffic, and a business sign limited to the height, type, or location permitted by the ordinance would not be fully visible from that street or highway. In such cases, there is little reason why a variance increasing the allowable height of the sign should not be granted. In California, the problem posed to businesses by the situation described above was addressed by the state legislature in a statute that provides: Regardless of any other provision of this chapter or other law, no city or county shall require the removal of any on-premises advertising display on the bases of its height or size by requiring conformance with any ordinance or regulation introduced or adopted after March 12, 1983, if special topographic circumstances would result in a material impairment of visibility of the display or the owner’s or user’s ability to adequately and effectively communicate with the public through use of the display. Under these circumstances, the owner or user may maintain the advertising display at the business premises and at a location necessary for continued public visibility at the height or size at which the display was previously erected and, in doing so, the owner or user is in conformance.
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Legal Issues in Regulation of Business Signs 1. Overview While there can be no doubt that, as a general matter, “police power” authorizes local government regulation of business signs, specific regulations may be unlawful because they violate rights guaranteed by the federal, or a state’s, constitution or those granted by federal or state statutes. The most common legal concerns about local government’s regulation of business signs are based on one or more of the following constitutional provisions and statutes which are discussed below:
a. The First Amendment’s guarantee of “freedom of expression.” b. The Fifth Amendment’s (or a state law’s) protection of property rights. c. The Fourteenth Amendment’s separate guarantees of due process of law and equal protection under the law. d. The Lanham Act’s protection of federally registered trademarks. 2. First Amendment Issues: Content-Based vs. Content-Neutral Sign Regulations The single most important concern in sign regulation is whether the regulation is “content-based” versus being “content-neutral.” A content-neutral regulation will apply to a sign regardless of the content of the message displayed. The most common form of content-neutral regulation is so-called “time, place or manner” regulation which, as the name suggests, does no more than place limits on when, where, and how a message may be displayed on a sign. In contrast, a sign regulation that bases the regulatory treatment of the sign on the content of the message displayed – or the identity of the entity displaying the sign is “content-based.” Provisions in sign ordinances that are content based are not invalid per se. Rather, courts apply a more stringent level of judicial review to provisions in sign ordinances that are content-based (strict scrutiny) vs. provisions that are content-neutral (intermediate scrutiny). When local governments enact sign regulations that are entirely – or even predominantly – content-neutral, courts have little difficulty upholding the regulations against a legal challenge. Conversely, content-based regulations that are found to regulate on the basis of content in a manner that allows for any degree of “censorship” (i.e., preferring some kinds of sign content over other kinds), have been ruled invalid. Recent rulings where courts have struck-down content-based sign codes include cases from Ohio, 2 Michigan, and Washington. One case, from the Cleveland, Ohio suburb of North Olmsted, was a particularly egregious example of content-based provisions. The district court’s decision provided several examples of the way the use classifications categorize, define, and/or limit signs by their content. One example noted that a “directional sign” in front of a business could contain words such as “Enter Here” or “Entrance,” but could not display the McDonald’s “golden arches” logo or the words “Honda Service.” A second described how an “identification sign” could include only the “principal types of goods sold or services rendered” but “the listing of numerous goods and services, prices, sale items, and telephone numbers” was prohibited; thus, a Dodge dealership’s sign could display its name - Great Northern
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Dodge, but was prohibited from displaying the “Five Star Dealer” designation it had been awarded by the Daimler-Chrysler Corporation. Directional sign with logo. North Olmsted’s content-based sign code would not allow this sign because it includes McDonald’s “golden arches”, even though that feature could enhance traffic safety without significantly affecting aesthetics. But where a sign code’s “content” provisions were far less egregious, and intended to make the sign code more “workable,” rather than to censor, courts have rejected challenges based on the claim that a sign code contained content-based provisions. Recent examples of these decisions include cases from Maine, Oregon, and Pennsylvania. The position of the courts in these cases has been that local government needs some leeway in navigating the dangerous passages of First Amendment law. Thus, when there are a limited number of content based provisions that are not intended to censor or restrict speech, courts are tending to uphold the code against a challenge that it is unconstitutionally content-based. There are also other case law decisions involving First and Fourth Amendment rights dealing with signage, but the Commission can be made aware of those as we study and evaluate the Justin Sign Ordinance for possible amendments. ACTION NEEDED:
1) Discuss and assess the existing Justin Sign Ordinance for possible amendment.
2) Hear any public testimony about amending the existing Sign Ordinance to more closely align with a Model Sign Code framework or keep in place the existing regulations.
STAFF RECOMMENDATION: Staff recommends the Commission discuss and assess the need for amending the existing Sign Ordinance and standards. Staff believes that the sufficient need to amend the existing Sign Ordinance based on the framework and Model Sign Code specifications. There are certain ordinance provisions that are not content neutral. Sign standards for placement and size are not sufficient to provide for clear wayfinding by the public. Additionally, the existing ordinance is not comprehensive for future commercial and institutional needs that will become a part of Justin’s growth. The Commission should consider an additional study session on this topic including suggested changes to the existing sign ordinance using the Model Code approach and structure. ATTACHMENTS: (A) City 2019 Sign Ordinance as amended
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EXHIBIT “A” Chapter 36 – SIGN REGULATIONS Revision Date– 3-21-2019Sec. 36-01. - Purpose and intent.
(a) The purpose and intent of this article is to regulate, control and administer, without reference to content, the use of signs within the boundaries of the city and within the city's extraterritorial jurisdiction to the extent allowed by law, and to provide for the safety and well-being of the city's citizens by providing safe and aesthetically pleasing signage without causing undue hardship or burden on businesses.
(b) All ordinances adopted by the city regulating the erection, structure, size location, and placement of all signs and advertisements shall be and are hereby made applicable to all properties and land within the extraterritorial jurisdiction of the city in addition to the corporate and territorial limits of the city to the extent that such regulations are applicable to outdoor signs, and the city does hereby extend the provisions of said outdoor sign regulatory ordinances to the city's area of extraterritorial jurisdiction.
(c) Any sign which was not lawfully existing at the time of adoption of the ordinance from which this article is derived shall not become or be made legal solely by adoption of this article. Any sign or use not specifically permitted is prohibited.
Sec. 36-02. – Applicability (a) All ordinances adopted by the City regulating the erection, structure, size location, and
placement of all signs and advertisements shall be and are hereby made applicable to all properties and land within the extraterritorial jurisdiction of the City in addition to the corporate and territorial limits of the City to the extent that such regulations are applicable to outdoor signs, and the City does hereby extend the provisions of said outdoor sign regulatory ordinances to the City’s area of extraterritorial jurisdiction.
(b) Any sign which was not lawfully existing at the time of adoption of this ordinance shall not become or be made legal solely by adoption of this ordinance. Any sign or use not specifically permitted is prohibited.
Sec. 36-03. - Definitions.
For purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Advertising sign or structure. See Sign. A-frame sign means a temporary sign which has two sides, the frame or support structure of
which is hinged or connected at the top of the sign in such a manner that the sign is easily moved and erected. This type of sign is also known as a sandwich sign.
Alter means to change the size, shape, outlines, configuration, intent, location or type of sign. Animation means the presentation of pictorials or graphics in a progression of frames which
give the illusion of motion, including moving objects, moving patterns or bands of light, or expanding or contracting shapes.
Area of a sign means the area within a series of straight lines around the outermost extremities of all text, symbols, graphics, advertising surfaces, framing, background and ornamentation, but not including sign poles or other supporting structures. If dimensions and a means of calculating
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the area of circular, oval-shaped or triangular signs are readily available, they may be used for such signs.
Awning means an architectural projection designed to provide weather protection, identification or decoration, and supported by the structure to which it is attached. An awning is comprised of a frame over which is placed a cover of fabric or other materials.
Back-lighting means the light source is behind the sign to illuminate the letters with a glowing effect.
Banner means a temporary sign composed of lightweight flexible material on which letters, symbols or pictures are painted or printed.
Billboard means an off-premises sign on which the message or copy can be changed periodically through manual means. A billboard sign is also known as an off-site advertising, non-digital messaging sign. Billboard, electronic or digital, means an off-premise sign, display or device, internally illuminated, which changes the static message or copy by electronic means, remote or automatic, for outdoor advertising of a use, product or service. The sign must be operated by an entity possessing an outdoor advertising license issued by Texas Department of Transportation (TXDOT).
Bulletin board means a sign containing information where a portion of such information may be periodically changed, providing such change shall be effected by the replacement or interchange of letters, numbers or other graphic symbols by insertion, attachment, or similar means. Also known as a community bulletin board.
Building identification sign means a building identification sign which identifies the name of the building, but displays no goods or services for sale or advertising.
Building official means the Development Services Department of the City or the building official of the city or the building official's authorized representative.
Canopy means a roof-like structure that shelters a use such as, but not restricted to, a gasoline pump island, and which is supported by either one or more columns or by the building to which it is an accessory and open on two or more sides. An example of canopy includes those structures erected above a drive-thru facility.
Canopy sign means a sign that is permanently affixed to a canopy by paint, glue, sewing, or any other type of non-structural type of attachment.
Changeable advertisements means a permanent on-site sign comprised of a fixed frame or pole sign holding a removable promotional placard or insert that advertises goods for sale or announcements of service.
City means the City of Justin, Texas, together with all its governing and operating bodies. City Council means the lawfully elected governing body of the city.
City Manager means the person holding the position of city manager, as appointed by the city council.
Construction sign means an on-premises sign which may be erected identifying any or all of the property owners, engineers, architects, mortgagees, or other participants in the construction or
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improvement of the premises; but which displays no goods or services for sale or other advertising. Also known as a contractor sign.
Dilapidated or deteriorated condition means: That condition as determined by the Development Services Department or any appointed
representative that the structural support is visibly bent, broken, dented or torn, or in the case of wood or similar products, splintered in such a way as to constitute an unsightly or harmful condition; or where the message or wording is faded or can no longer be clearly read; or where any part of the sign is not in compliance with the requirements of the building, electrical or other model codes currently adopted by the city; or where any part of the sign is not in compliance with the requirements of the building, electrical or other model codes currently adopted by the City; or where a sign or its elements are twisted or leaning or are at another angle other than those at which it was originally constructed (such as may result from being blown by the wind or from the failure of a structural support) as determined by the Development Services Department or building official or any officially appointed representative.
Directional sign means a sign which contains only information designed to direct pedestrian or vehicular traffic to the location of a facility on the property on which the sign is located. Such signs may include, but are not limited to, arrows, words, or logos. No goods or services for sale may be listed on a directional sign. Electronic message center (EMC) sign means an on-premises sign on which the message or copy can be changed by remote or automatic means, including EMC signs that display gas pricing. Erect means to build, construct, attach, hang, place, suspend or affix a sign, including the
painting of signs on the exterior surface of a building or structure or on the exterior or interior surface of a window.
Flag means a permanent sign made of fabric, bunting, or flexible material, containing distinctive colors, patterns, logos, wording or symbols used to signify or identify civic organizations, logos, schools, colleges or universities, or the government of the United States, the state, county or the city, and generally designed to be mounted on one end so as to move in the wind.
Freestanding sign means a sign which is attached to or part of a completely self-supporting structure such as a frame of one or more poles which is not attached to any building or any other structure and which is permanently affixed to the ground.
Front means one side of a structure through which the majority of customers, patrons or visitors enter the structure.
Glare means an effect created when an illumination source shines with sufficient brightness to cause discomfort, distract attention, or lead to the reduction or loss of visibility or visual function of the public. Grand Opening signs means advertising or announcing a business’ Grand Opening shall be considered a temporary sign, subject to the regulations for temporary signage specified in this ordinance.
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Illuminated sign means a sign which has characters, letters, figures, or designs internally
illuminated by electric lights, luminous tubes or other means that are specifically placed to draw attention to, or to provide nighttime viewing of, the subject matter on the sign face.
Inflatable sign means a balloon or other device expanded or enlarged by the use of air or gas used as a sign or to support or display any sign.
Kiosk sign means a multi-sided, freestanding monument-type sign for the display of advertising for economic development purposes. Light pole banner sign means a temporary sign which is painted or printed on a strip of all-weather cloth, canvas, or other flexible material that is designed or manufactured for outdoor use mounted on a light pole on private property and secured to render sign stationary.
Logo means an identifying symbol used for advertising purposes, which may or may not be a registered trademark or service mark of the entity identified.
Lot means an individual parcel or tract of land recorded by a plat or deed in the office of the county clerk's office.
Lumen means the luminous flux emitted per unit solid angle from a uniform point source whose luminous intensity is one candela.
Marquee sign means a projecting sign attached to or hung from a marquee or canopy or covered structure projecting from and supported by a primary building, when such marquee, canopy or covered structure extends beyond the building, building line, or property line.
Menu board means a sign displaying the menu for drive-thru window service. Monument sign means a permanent sign with a display surface that is an integral part of the
support structure. Any ground sign exceeding four feet in height or any pole sign with less than nine feet of ground clearance or with a sign structure that is greater than two feet in width shall be considered a monument sign.
Municipality-owned sign means a sign which identifies a park, an entrance to the city, a place of interest within the city, a city sponsored event, or any city owned facility.
Nonconforming sign means a sign, structure lawfully used as of the effective date of the ordinance from which this article is derived or amendments thereto, but which does not conform to the use regulations currently in effect.
Off-premises sign means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.
On-premises sign means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person or activity.
Parcel means a measured portion of a tract of land, which is described and fixed in a recorded plat. Also known as a lot.
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Pennant means a temporary sign made of lightweight plastic, fabric or other material, which may or may not contain a message of any kind, suspended from a rope, wires or string, usually in a series and designed to move in the wind.
Permanent sign means a sign constructed of any ridged material, with or without frames, permanently attached to the ground or to a wall, building or other structure, and displayed for an indefinite period of time. The following signs are considered permanent signs: changeable signs, freestanding signs, monument signs, pole signs, and wall signs.
Pole sign means a permanent sign with a display surface that is attached to a self-supporting structure by one or two poles which has at least nine feet of ground clearance.
Political sign means a sign that contains primarily a political message as specified by State of Texas law and regulation governing political campaigns and causes signage.
Portable sign means a temporary sign which is designed to permit removal and reuse, and which includes, but is not limited to, A-frame and other such signs, and signs mounted on a trailer, wheeled carrier, vehicle, or other portable structure.
Property line means the line denoting the limits of legal ownership of property. Public property means any real property open or dedicated to a public use or owned by the
City. Real estate sign means a temporary sign pertaining to the sale or lease of the premises, on
which the sign is located. Roof means those parts of a structure other than vertical walls that provide protection from the
elements. Roof sign means a sign that is painted on or erected upon or above the roof of the building. Scoreboard means a permanent sign that displays scores, results, identification of donors, or
other information pertinent to athletic activities. Searchlight means an apparatus on a swivel base that projects a strong, far reaching, beam of
light. Sign means an outdoor structure, sign, display, light device, figure, painting, drawing,
message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform.
Sign area means the entire area within a single continuous perimeter enclosing the actual message or display area of a sign, and shall include the border and trim, but excluding the sign structure, provided that no goods or services for sale or other advertising is displayed on the structure.
Sign face means that portion of the sign that is or can be used to identify, display, advertise or communicate information or for a visual representation which attracts or intends to attract the attention of the public for any purpose.
Sign height means the vertical distances between the highest point of the sign or its supporting structure and the natural grade directly below the sign.
Sign structure means any structure which is designed specifically for the purpose of supporting a sign, has supported or is capable of supporting a sign. The term "sign structure"
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includes any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure. Where any goods or services for sale or other advertisement is displayed on the structure, then said structure shall be counted as part of the sign area.
Snipe sign means a sign that is tacked, nailed, posted, glued, or otherwise attached to trees, stakes, fences, ground or other like objects, the advertising matter of which is not applicable to the present use of the premises on which the sign is posted. Also known as bandit signs.
Spectacular sign means any sign that physically rotates, oscillates, contains any moving parts, or contains flashing lights in sequence.
Street frontage means the length of the property line of a lot or tract immediately adjacent to a public or private street, measured in feet.
Temporary sign means a sign not permanently affixed to the ground or to a building or other structure and shall include, but not limited to these types of temporary signage: Coming Soon, Grand Opening, Going Out of Business, portable, inflatable, for sale and for lease signs. Transition means a visual effect used on an electronic sign to change from one message to another.
Visibility Triangles means areas that are located at the intersection of streets and alley right-of-way and the intersection of streets and driveways and conforms to public open space easement regulations and standards (POSE) of the City.
Wall sign means a permanent sign placed on, or attached directly to a fence or building surface, including window areas (translucent areas which are visible from a street or alley, that extends not more than 15 inches from the face or wall of a building. Wind device sign means a banner, pennant, streamer, inflatable balloon or similar device made of cloth, canvas, plastic, or other similar flexible material, with or without a frame or other supporting structure, and used as a sign.
Window sign means a temporary sign placed on, affixed to, painted on or located within the frame of a transparent opening in the wall of a building that may not be larger 20 percent of the opening.
(a) Sec. 36-04. – Sign Permits A sign permit is not included with a building permit. (b) No person shall erect, install, repair, remodel, expand, or display a sign without first
obtaining a sign permit as required by this Chapter. (c) No signage other than the main permitted sign shall be painted on or attached to a pole or
support members of any sign;
Sec. 36-05 - Signs exempt from permit. The following signs do not require a permit:
(a) Copy change and sign face replacement, when no increase in sign area or height is made, for signs otherwise allowed under this section, not including changes proposed on a nonconforming sign or to modify any sign to an electronic message center, are exempt from the permit requirements of this article.
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(b) Construction signs when placed upon the construction site following the issuance of a building permit.
(c) Flags of the United States, state, or any other political subdivision, any flag of a bona fide region, fraternal or charitable organizations, and flags of corporations, subdivisions, or community associations or organizations.
(d) City kiosks signs or a city industrial zone monument business sign that is located in the city street right-of-way in a light industrial zone district, with a revocable license agreement approved by the city council, provided it is a multi-sided, freestanding monument-type sign for the display of advertising for economic development purposes and for businesses in the industrial areas of the city. Such signs may have the city identification panel at the top of the sign. The total sign shall not exceed 14 feet in height or ten feet in width; it may be illuminated.
(e) Memorial plaques, building identification signs, and building cornerstones when cut or carved into the masonry surface or when made of noncombustible material and is made an integral part of the building or structure. These signs shall not exceed four square feet in area.
(f) On-site directional signs not exceeding four square feet, provided such sign does not contain advertising and is not used as such. Directional signs are only permitted behind the property line.
(g) Political signs. (h) Traffic or other municipally-owned signs, legal notices, danger and such emergency,
temporary or non-advertising signs as may be approved by the city council or its authorized agent.
(i) Signs on fences or other structures within public parks or signs that are positioned internally within public sport fields. No sign shall be larger than 32 square feet in area.
(j) Signs prepared by or for the local, state or federal government, including sites or buildings of historical significance.
(k) Temporary signs advertising garage sales, provided that such signs shall be removed within one day after the temporary event. No sign shall be affixed to utility poles or street signs.
(l) Window signs of a temporary nature only. They may be no larger than 20 percent of the total opening.
(m) Wall decorations and works of art that do not include a commercial message or logos. Sec. 36-06. - Prohibited signs.
All signs not expressly permitted or exempt from this article are prohibited. The following signs are prohibited in the city and the city's extraterritorial jurisdiction (ETJ):
(1) Any sign erected in a manner that would confuse or obstruct the view or interpretation of any official traffic sign, signal or device;
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(2) Portable signs, inflatable signs, free-standing light poles, streamers, pennants, ribbons, spinners, search lights, and other such temporary signs, except that are allowed in this article;
(3) Snipe signs or any advertising sign placed on a utility pole, rock, tree or other natural features;
(4) Off-premises signs or billboards; (5) Roof signs or any advertising sign painted, erected or affixed on the roof of a building; (6) Wind devices; (7) A parked motor vehicle and/or trailer used as an advertisement, except signage on
delivery vehicles; (8) Spectacular signs and signs which emit audible sound, odor, or visible matter; and (9) Signs on the right-of-way of a road or highway maintained by the city.
(10) Electronic message center or digital message Boards: Electronic message boards are prohibited and shall not be allowed within the City of Justin or its ETJ area. Electronic message board signs that are in place as of the effective date of this ordinance shall be classified as non-conforming and subject to the provisions and requirements of Section 36-07 of this Ordinance. Sec. 36-07. - Nonconforming signs; removal.
(a) Nonconforming signs are signs which were lawfully approved prior to the effective date of the ordinance from which this article is derived; but which are no longer in compliance with the sign regulations currently in effect.
(b) It is the declared the purpose of this ordinance that nonconforming signs be eventually discontinued and the use of the premises be required to conform to the regulations prescribed by this Chapter.
(c) A nonconforming sign may be used and maintained in good repair, but it shall not be altered, remodeled, or enlarged.(d) The right to use or maintain a nonconforming sign shall cease and such use shall be terminated if:
(1) The sign is altered, remodeled, removed, or enlarged, regardless of whether such alteration, remodel, removal or enlargement was necessitated by right-of-way acquisition by a governmental agency;
(2) The sign or structure is replaced; (3) The sign is relocated; (4) The sign identifies a business, person or activity that has ceased to operate on
the premises on which the sign is located for a period of one (1) year or; (5) The premises on which the sign is located is leased and two years have passed
since the most recent tenant has ceased to operate on the premises; or (6) The sign or a substantial part of it is blown down or otherwise destroyed or
dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign. The term "substantial part" shall mean the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location.
Commented [DG1]: Section renumbered
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Sec. 36-08 – Billboard Signs. (a) Digital Billboard Requirements:
Digital billboard signs shall be reviewed and approved, at a duly noticed public hearing in accordance with Section 52-427 and notification to surrounding property owner, by the Planning & Zoning Commission prior to the issuance of a building permit.
A building permit and permit fee are required for all digital billboards. Building permit shall include but not be limited to: plans for electrical, structural, soils reports, erosion controls pre-construction, construction and post-construction conditions, wind shear conditions, or drainage as may be specified by the City.
(b) Digital billboards: With approval by the Planning & Zoning Commission, an existing legal nonconforming off-premise billboard signs located on lots having frontage on a state highway, farm-to-market roadway or a tollway may be converted to digital billboards under the following conditions:
1. Each message shall be displayed for at least eight seconds and a change of message shall be accomplished within two seconds or less.
2. Transitions between the display of a message, content, and/or image shall be immediate only and shall occur simultaneously on the entire sign face.
3. No display shall include animation, full motion video, blinking, flashing, dissolving or fading images, moving light, scrolling images or text, nor shall it project a static image upon a stationary object.
4. The display of message, content, and/or image shall be visible only from one direction of traffic travel per sign face on the primary roadway to which the sign is designed to be read.
5. No portion of a digital billboard shall project into a dedicated utility easement or be closer than five feet to a federal, state, or local right-of-way at the time of initial construction.
6. The main support structure shall have a decorative finish consisting of brick, stone, or other approved masonry finish materials. The use of EIFS shall not constitute an approved finish material.
7. A minimum spacing of 1,500 feet distance shall be required between one digital billboard and any other digital or conventional billboard on the same roadway. The Planning & Zoning Commission is authorized to grant variances to the minimum spacing requirements provided that no variance violates the Highway Beautification Act of 1965.
8. A digital billboard shall have a default mechanism built in to either turn the display off or show "full black" on the display in the event of a malfunction.
9. The display may not display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver, or results in a nuisance to the driver.
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10. A digital billboard shall be equipped with both a dimmer control and a photocell, which automatically adjusts the display's intensity according to natural ambient light conditions. The brightness of the display shall not exceed 0.3 foot-candles over ambient light measurement at a distance of 250 feet from the sign.
(c) Upon notification, the sign operators shall coordinate with city staff to display emergency information critical to the traveling public, such as but not limited to AMBER ALERTS from a National Center for Missing and Exploited Children (NCMEC) authorized source, Homeland Security, and other alerts involving terrorist attacks, and natural disasters. Emergency messages are to remain in the display's rotation according to the designated issuing agency's protocols until further notified.
(d) The owner of a digital billboard shall provide contact information for a person who is available to be contacted at any time and is able to turn off the sign promptly after malfunction occurs or reduce the intensity of the sign within 12 hours of a request by the City of Justin City Manager or his/her designee or the Texas Department of Transportation to a level acceptable to the City.
(e) A digital billboard or its message, content and/or image shall not be configured to resemble a warning or danger signal or cause a driver to mistake it for a warning or danger signal.
(g) A digital billboard or its message, content and/or image shall not resemble or simulate any lights of official signage used to control traffic in accordance with the currently adopted edition of the TXDOT manual on Uniform Traffic Control Devices.
(h) Prohibitions: A digital billboard shall not: 1. Be allowed within 250 feet of single-family residential, single-family planned or
multi-family residential developments.
2. Exceed 672 feet in total display area.
3. Electronic message board and billboard signs that are in place as of the effective date of this ordinance shall be classified as non-conforming and subject to the provisions and requirements of Section 36-23 of this Ordinance.
(i) Conversion of an Existing Billboard:
In cases where a conventional billboard is converted to a digital billboard of larger size, the net area increase of the proposed digital billboard display must be physically removed from other conventional billboards located within the city and under the same ownership or control as the owner proposing the conversion. Once an inventory of all billboards within the city is submitted, the owner may choose which specific conventional billboard face(s) are to be removed in exchange for the net area increase caused by the digital sign conversion. The square footage can be accumulated by the
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surrendering of smaller conventional billboard face(s) as long as the aggregate amount removed equals or exceeds the area increase caused by the conversion.
(j) Removal of an Existing Billboard: A demolition permit application and permit fee shall be required in order to remove an existing billboard.
(k) Appeals:
The decision of the Planning & Zoning Commission is final, unless an appeal is filed in writing within ten (10) days after the Commission’s decision. An applicant may appeal a Commission decision to the City Council. An appeal shall be filed with City Development Services Department and a fee paid for processing an appeal for City Council consideration.
Sec. 36-09. - Application for sign permit. (a) An application for a sign permit shall be made in writing upon forms furnished by the
building department. Such application shall contain the location by street and number of the proposed sign structure as well as the name and address of the owner and the sign contractor or erector. The city manager or authorized representative may require the filing of plans drawn to scale, building materials or other pertinent information where such information is necessary to ensure compliance with the sign regulations. Four copies of colored plans at one-quarter-inch scale must be submitted along with the application for all permanent signs.
(b) Permit fees will be set by an appropriate fee resolution by the city council, and such permit are nonrefundable and nontransferable.
(c) The permit is valid for 60 days. If work authorized by a permit issued under this article has not been commenced within 60 days after the date of issuance, nor completed within 120 days after commencement of construction, the permit shall become null and void. If a permit expires by lapse of time, a new permit and fee shall be required before beginning, recommencing or completing the work.
Sec. 36-10. – Permit Revocation. (a) The City Manager or appointed official may suspend or revoke any permit issued under the
provisions of this article whenever: (1) It is determined by the City Manager or appointed official that the permit is issued on
the basis of incorrect or false information supplied; or (2) A sign for which such permit is issued violates any of the provisions of this article or
any other ordinance of the city or laws of the state or the United States. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign or the owner of the premises upon which the sign is located.
(b) The City Manager or appointed official is hereby authorized to withhold issuance of a sign permit to any person who has previously failed or refused to pay any fees or costs assessed
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under provisions of this article, or who is currently in violation of any provision of a city ordinance, until such fees are paid or ordinance violations are abated.
(c) Whenever any work for which a permit is required by this article has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. This associated investigation shall have a fee that is provided for in the City's fee schedule and will be assessed in addition to any permit fee.
Sec. 36-11. - Maintenance and removal of signs; nuisances; violations. (a) All signs shall be kept in a proper state of repair and preservation. It is a violation of this
article to keep or allow to be kept any sign in a dilapidated or deteriorated condition. (b) All signs and sign structures shall comply with the minimum standards established by the
building codes of the city, as amended, unless standards described in this article are more restrictive, then in such an event the provisions of this article shall apply.
(c) If the City Manager or appointed official shall determine that any sign is unsafe, unsecure or is a public nuisance, the city manager or appointed official shall give written notice to the permittee, owner and person or persons responsible for such sign. If the permittee, owner, or person responsible for such sign or the owner, manager, occupant, agent or person having beneficial use of the property or structure upon which such sign is mounted or located fails to remove or repair the sign within ten days after such notice, such sign shall constitute a public nuisance and any and all of such persons shall be in violation of this article and subject to prosecution. The city manager or appointed official may cause any sign which is an immediate safety hazard to persons to be removed summarily and without notice.
(d) Any sign found on public property or within the public right-of-way and not authorized by this article may be immediately removed by any city employee or designee.
Sec. 36-12. - Permitted signs. The following signs are permitted in the following City's zoning districts: local retail, general
business, general business old town, and light industrial with a sign permit issued: (1) Monument signs (single-tenant).
a. Maximum height: Ten feet measured from the ground level of the sign base. b. Size: One square foot of signage per 50 square feet of total building space. c. Maximum size: 120 square feet. d. Base of sign: 20 percent of the entire sign area is required for the sign base. e. Main sign support structure: May not be visible from any direction. f. Material of sign: The base must be made of natural stone, brick, poured-in-place
decorative concrete, or stucco covered concrete. g. Placement of sign:
1. Front: Five feet back from established right-of-way. 2. Side: 25 feet from established property line. 3. Proximity to other signs: Not less than 50 feet from any other sign. 4. Outside of any required POSE (public open space easement) visibility triangle.
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5. When a monument sign is situated within an island or a driveway location at the entryway of a development where vehicular driving land is located on one or more frontages.
h. Maximum number of signs: One sign per parcel or street frontage. i. Illumination: All monument signs may be either internally illuminated or externally
illuminated. If illuminated internally, only the sign face may be illuminated. If illuminated externally, the light shall only illuminate the sign face. No glare or over wash shall be permitted from this type of lighting.
j. Special requirements: All proposed monument signs must have an approved site plan before building permit will be issued.
(2) Monument signs (multi-tenant). a. Maximum height: 18 feet measured from the ground level of the sign base. b. Size: One square foot of signage per 40 square feet of total building space. c. Maximum size: 180 square feet. d. Base of sign: 20 percent of the entire sign area is required for the sign base. e. Main sign support structure: May not be visible from any direction. f. All monument signs shall be framed by a masonry, stone, wood or combination of
these framing materials g. Material of sign: The base must be made of natural stone, brick, poured-in-place
decorative concrete, or stucco covered concrete. h. Placement of sign:
1. Front: Five feet back from established right-of-way. 2. Side: 25 feet from established property line. 3. Proximity to other signs: Not less than 50 feet from any other sign.
i. Maximum number of signs: One sign per parcel. j. Illumination: All monument signs may be either internally illuminated or externally
illuminated. If illuminated internally, only the sign face may be illuminated. If illuminated externally, the light shall only illuminate the sign face. No glare or over wash shall be permitted from this type of lighting.
k. Special requirements: Proposed monument signs must have an approved sight plan before building permit will be issued.
(3) Wall signs. a. Maximum height: Six feet from base of sign to top of the sign. The wall sign may
not project above the top of the wall or be placed on roof. b. Size: One square foot per one linear foot of building width. c. Maximum size: 200 square feet.
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d. Projection: No wall sign may project more than one foot from the wall from which it is affixed. No wall sign may project into, over or otherwise encroach upon a public right-of-way. No sign shall cover, wholly or partially, any wall opening.
e. Illumination: Wall signage shall consist of only internally illuminated face lit channel letters, reverse channel lit letters. Internally illuminated signs shall have an opaque background with only letters and logo illuminated. 1. Awning signs . Awning signs may project from the wall of the building to
protect the main entrance. (a) Minimum height: The bottom of the awning shall be a minimum of eight
feet above the ground surface when projecting over a private or public sidewalk.
(b) Projection: Shall not project more than five feet into the public right-of-way and shall project no closer than two feet from the face of the curbline.
(c) Signs on awnings shall count towards the total of the maximum size of the total wall size limit.
(d) Projection of sign on awning: Shall be no larger than three feet from the front or side of the awning. No projection of the awning shall be closer than two feet from the curb and may be no lower than the minimum height of the awing.
(e) Illumination: The projected sign will be internally illuminated if illuminated. (f) Special requirements: All proposed awnings and associated signage must
have an approved site plan before building permit will be issued. 2. Canopy. Canopies may be freestanding or supported independently by columns
and subject to the following: (a) Maximum height: 18 feet from ground level to top of highest point of
canopy. (b) Minimum height: 14 feet from ground level to lowest point of canopy. (c) Projection: No sign shall project more than two feet from end of canopy.
There shall be no overlap of signage from the bottom or top of the canopy. (d) Signs on canopy: There may be three company logos placed on the two
sides of the canopy and one logo sign on the front. Direction of the canopy is determined by the front property line. The signs may each be a total of 16 square feet. One fuel price sign shall be permitted on the two end sides of canopy. One fuel price sign shall be permitted on the front side determined by the lot frontage. The three fuel signs may be 16 square feet each and be an electronic message center (EMC) type sign.
(e) Monument sign: There shall be one single-tenant monument sign permitted per property. It shall comply with all standards set forth in this article.
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(f) Illumination: All attached canopy signs shall be either backlit or canister illuminated. Except that the fuel price signs may be EMC signs.
(g) Special requirements: All proposed canopies and associated signage must have an approved site plan before building permit will be issued.
(4) Banners. a. Maximum size: 15 square feet in area. b. Time limit: Banners shall be limited to 30 consecutive days. c. Single use occupancy: One banner limit. d. Multi-use occupancy: One banner per occupied store frontage. e. Illumination: None. f. Special regulations:
1. No banners shall be hung over public roads or encroach into public right-of-way.
2. Banners promoting a business must be attached to and parallel with wall on the primary front entrance.
(5) Temporary real estate and homebuilder signs. a. One temporary, unlit sign announcing the sale, rental, or lease of an individually
platted residential lot may be placed on such lot provided the following conditions are met: 1. The sign shall not exceed eight square feet in area; 2. The sign shall be removed within one week following the close of sale or lease
of the lot; 3. The lot must be part of a subdivision for which a final plat shall have been filed
and recorded with the county; and 4. The subdivision and its public improvements and infrastructure shall have been
accepted by the city. b. For any residential subdivisions under construction, only four temporary unlit signs
shall be permitted announcing the builder, sale price, and other pertinent information within the city provided the following conditions are met: 1. One sign is permitted onsite in the subdivision during the construction phase
and three additional signs are permitted to in other legal locations throughout the city;
2. Only one sign is permitted per major existing street frontage; 3. Only one sign is permitted on any one lot or tract of land. There does not have
to be a main structure on the lot or tract of land; 4. Such sign shall be placed within the property lines of the lot or tract;
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5. Such sign shall be located behind a 25-foot visibility triangle only after a final plat of the development shall have been filed and recorded with the county;
6. Such sign shall not exceed 15 feet in height or 100 square feet in area; and 7. All signs shall be removed when construction on all phases in the subdivision
are complete.
c. On any undeveloped property or tract of land, only one temporary unlit sign announcing the sale, rental, or lease (all or portion), name and/or contact information, and any other pertinent information for said property shall be allowed, provided the following conditions are met: 1. Only one sign is permitted for any one lot and tract of land. There does not have
to be a main structure on the lot or tract of land; 2. Such sign shall be placed within the property lines of the lot or tract; 3. Such sign shall be located behind a 25-foot visibility triangle; 4. Such sign shall not exceed 15 feet in height and 100 square feet in area; and 5. Such sign shall be removed within one week following the close of sale or lease
of land. Sec. 36-13. - Political signs on private real property. (a) A political sign consistent with this article may be placed on private real property with the
consent of the owner, provided such sign is placed so as to not obstruct the line of sight for either a vehicle or pedestrian.
(b) No political sign may be placed on public property, public easement or public right-of-way. (c) A political sign may not be illuminated or have any moving parts. (d) A permit or approval of a political sign is not required. (e) A political sign may not exceed eight feet in height. (f) A political sign may not have an effective area greater than 36 square feet. (g) May not be placed in a visibility triangle area as defined herein. Sec. 36-14. - Application for variance to board of adjustment.
Any property owner may apply to the board of adjustment of the city to request the board to vary any or all terms of these sign regulations. The board may grant a variance to the terms of this article upon a specific finding from evidence presented to it that strict compliance with the provisions of this article will result in substantial hardship or inequity to the applicant without corresponding benefit to the city and its citizens in accomplishing the objectives of this article. In no event shall the granting of such a variance permit a sign to be placed in public right-of-way, an unsafe sign, a waiver of the permit requirements of this article, reconstruction of a nonconforming sign, or the placement of a commercial sign in a residential zone. Notice of a public hearing on such application shall be given in the same manner as for a zoning application. Sec. 36-15. - Special and additional regulations: temporary signs during roadway construction
Commented [DG2]: renumbered
Commented [DG3]: Renumbered
Commented [DG4]: New language added
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Businesses adjacent to a major public roadway construction project scheduled for six months or more duration may be eligible for temporary signage when roadway construction activities are commencing immediately adjacent to the business or when the construction activity is taking place within 300 feet downstream of the business’ customer access point located on the same side of the street. The following conditions shall apply:
1) Approval of construction as a public roadway project by the City Manager or his/her designee shall be required.
2) Only commercial properties whose access is impacted for a period of two weeks or more are eligible to apply for a temporary sign permit to be issued by the City.
3) Signs may contain the name of the business and a directional message/graphic only.
Signs promoting products and services are prohibited.
4) Signs may be located at the property line, but shall not be placed within the street or public right-of-way.
5) Only one on premise sign is allowed per parcel. One off-premise sign may be installed
provided written permission is obtained from the property owner and the sign is located within 300 feet of the business it is advertising.
6) Signs shall be constructed of lightweight materials, such as a yard sign or an A-frame
sign, and shall not exceed six square feet in area or 30 inches in height.
7) The City manager or his/her designee is authorized to approve alternate sign combinations on a case-by-case basis depending on site conditions and construction activities.
Approval Pending Action
PLANNING & ZONING COMMISSION
REGULAR MEETING MINUTES
TUESDAY, APRIL 21, 2020, 6:30 P.M.
JUSTIN CITY HALL 415 NORTH COLLEGE STREET
JUSTIN, TEXAS 76247 Members Present: (A telephonic meeting per Texas public health code restrictions) Mike Loya, Kyle Suits, Jeff Taylor, Lisa Dyer and Davis Parsons Members Absent: 2 vacant seats Staff Present: Darrell W. Gentry and Pedro Zambrano with Eric Wilhite, AICP, Planning Consultant to City. CALL TO ORDER Chair Loya announced on the 21st day of April 2020 at 6:30 pm that the Planning and Zoning Commission meeting was called to order. A quorum was determined to be present to conduct Commission business.
Invocation lead by Commissioner Taylor and Pledge of Allegiance led by Commissioner Loya. PUBLIC COMMENT No Public Comments Received. 6:33 pm Chair Loya announced the Public Hearing item of the Agenda. I. PUBLIC HEARING: To consider a Replat application (RPLT 20-01) to consolidate
12 lots into 5 lots located at 6th Street and Colorado Street in the Light Industrial (LI) zoning district and to consider a right-of-way vacation request.
Chair Loya opened the public hearing at 6:34 pm. Chair Loya asked Director Gentry to provide a short presentation concerning this request. Director Gentry introduced Development Specialist Pedro Zambrano and asked him to describe the proposed Replat and the findings of City staff for this proposed lot consolidation replat.
Mr. Zambrano discussed the history of the original platting of this location being done in the 1880’s and created 12 lots that do not presently conform to city standard lot sizes. He also pointed out the street right-of-way, an eighty foot (80) right-of-way for 6th Street as being also established in 1880’s. He also pointed that city staff was requesting a Commission recommendation regarding waiver of sidewalk improvement for this subject location and provided reasons for the waiver request. Director Gentry gave additional background regarding the requested sidewalk improvement waiver and why it was necessary. Chair Loya asked if there were any Commission questions. Commissioner Dyer asked staff to elaborate on its reasons for the sidewalk improvement waiver. She stated her reasons for questioning the waiver and wanted further explanation. Director Gentry explained that the Light Industrial neighborhood where this project is located has no existing sidewalk improvements anywhere that could conceivably connect to any sidewalk improvement made along 6th Street frontage. Texas accessibility laws do not specifically, in this location, apply as long as there is off-street parking and other accessibility improvements and requirements are met. Chair Loya asked about the bar ditch drainage. Mr. Zambrano replied in response. The bar ditch is adequate, based on hydrology analysis provided to the City for review, and no further improvements are required. A 10 foot public utility easement shall be required for the Replat that is to be recorded with the County. Director Gentry also pointed that this replat will enable the 5 new lots to be developed as an industrial complex of 5 office/warehouse buildings. Building and construction plans have been submitted and reviewed for future permit issuance once the replat is recorded. Chair Loya asked if there was anyone to speak on this item. The applicant, Mr. Brooks White, B&M Development, requested a few minutes to speak to Commission. Mr. White spoke to the need for the right-of-way vacation that reduces the row. width to 60 feet overall but only 10 feet on his side of 6th Street. He also spoke about supporting the staff’s recommendation to grant a waiver for the sidewalk improvement. Mr. White responded to Commission questions regarding the buildings planned for these properties and asked if he had any objections to the recommended conditions. Mr. White replied that he had read the recommended conditions and had no objections. He stated that if the Commission does discuss any additional conditions that he be given an opportunity to respond prior to the Commission making a decision on added conditions. He indicated that his building company, Brookson Builders, will be moving its headquarters to Justin as a result of this replat and the pending building plans are ready for issuance. There were no further questions by the Commission. Chair Loya asked if there was a motion by the Commission. Commissioner Taylor made a motion to recommend the approval of
Replat 20-01 with the conditions of approval as presented. Commissioner Dyer seconded the motion. Vote of the Commission was unanimous Ayes. II. DISCUSSION: Item 2. Discuss and consider a recommendation to City Council regarding the adoption of the 2018 IBC model building code.
Chair Loya introduced the item and asked staff to make a brief presentation. Director Gentry introduced Senior Building Inspector Chuck Sellers and stated that he would be making this presentation and recommendation. Mr. Sellers stated the reasons the City is seeking a change in the Building Codes at this time. He gave a brief overview of what the 2018 Model Codes will do in terms of affecting building and construction of new homes in Justin. He also pointed that the City will be using the 2017 National Energy Code in lieu of the IEC. Mr. Sellers also pointed out that many of the city builders have been aware of this pending Model Code change but many have been constructing in other parts of the Metro region using the 2018 Model Code requirements already. After discussion about various changes in the code, Commissioner Parsons asked questions about fire protection requirements for a steel building. Mr. Sellers replied that he would find out the fire code requirements for such construction.
Commissioner Parsons made a motion to recommend that the City Council consider a public hearing for the recommended ordinance and adopt. Commissioner Dyer seconded the motion. Motion was approved by unanimous AYE vote of Commission.
Item 3. Discuss and consider a recommendation to amend Section 12-313, Mobile Food Truck regulation; amending Chapter 52, Section 52-41 mobile food truck schedule of uses and Master Fee Schedule. Chair Loya introduced the item and asked staff to make a brief presentation. Director Gentry gave a brief overview of how and why this proposed ordinance has come about. He reminded the Commission of the prior workshop that was done by them in pursuit of this ordinance draft. He explained how previous discussions had been or not included in this draft. There was discussion by Commission about having ready-to-eat meals for all Classes of food trucks. Questions by Commission about whether or not the proposed regulations were anti-food truck, especially for existing restaurants that might have or would have a food truck operation in the future. Other food truck vendors, such as ice cream or sno-cone vendors were discussed. Commission asked to table this item for further discussion and asked staff to bring back additional information and to contact any existing food truck operations for information. Staff
asked if the next regularly scheduled meeting could be set. Commission agreed, if staff were ready with the additional information and any feedback from vendors. III. CONSENT: Chair Loya announced that now is the time to consider the Consent Agenda. He asked if there was any reason to discuss the items separately or did Commission to consider one motion to approve or disapprove the Consent item.
Item 4. Approve minutes from February 25, 2020 Planning & Zoning Meeting. (Note: March 17, 2020 meeting was cancelled due to Coronavirus pandemic)
Chair Loya asked if there was any questions or changes to the presented minutes of February 25, 2020 meeting. There were no changes or questions. Chair asked for a unanimous AYE voice vote. AYE vote confirmed by voice vote. IV. FUTURE AGENDA ITEMS Chair reviewed the Future Agenda Items list and asked if the Commissioners had any changes or additions. There were no additions or changes.
VII. ADJOURNMENT: Chair Loya called for a motion to adjourn. Motion to adjourn was made by Commissioner Suits. Motion was seconded by Commissioner Taylor. Motion was approved unanimously. Chair Loya adjourned meeting at 7:43pm. Passed and Approved on the 19th day of May 2020 by unanimous Commission vote. ________________________________________ Darrell W. Gentry, Director of Planning & Development Services