Item 9DCITY OF
SOUTHLAKE
MEMORANDUM
Date: August 13, 2019
To: Southlake City Council
From: Ken Baker, Sr. Director of Planning and Development Services
Subject: Item 9D - Appeal of the Administrative Official's decision related to
the use of a sign for a property located at 2111 Kirkwood Boulevard
The purpose of this item is to hear an appeal of the Administrative Official's decision
related to the use of a sign for a property located at 2111 Kirkwood Boulevard, Suite
100.
Photographs of the sign type are shown below.
Photograph of the building front.
The sign type being utilized is a window covering that displays the names of the
business (Kirkwood Eye Center and Neuro -Vision Associates), the names of the doctors
(OD) practicing at the location, days and hours of operation and a contact phone
number. The photographs show two such signs being utilized for this particular
business.
The business owner believed that the signage should be permitted due to requirements
of the Section 351.362(b) of the Texas Occupation Code which provides the following:
An optometrist or therapeutic optometrist practicing in this state shall display the actual
name under which the optometrist or therapeutic optometrist is licensed by the board,
so that the name is visible to the public before entry into the optometrist's or therapeutic
optometrist's office reception area.
In a letter dated June 13, 2019, an administrative decision was rendered regarding the
use of the signage at a medical office building located at 2111 Kirkwood Blvd. The
administrative decision was that the window covering was determined to be a "flat panel
sign" or a "sign type not specifically permitted" by the ordinance and as such is a
prohibited sign type. The June 13, 2019, letter indicates that the City recognizes
Section 351.362 (b) of the Texas Occupational Code requirement that the medical
practice display the names of the optometrists but feels that this can be accomplished
on an approved sign type such as an existing office door, window, placard or an
address sign. The letter also states that the City will work with the property owner to
ensure no violation of Texas Occupation Code requirements occur (See Attachment A).
Section 9.6 of the City's Sign ordinance 704-J, as amended indicates the following:
Any decision rendered by the Administrative Official under this ordinance may be
appealed to the City Council by any person, agent, or representative affected by such
decision. Such appeal must be received within ten (10) days after the placement of a
letter in the U.S. mail addressed to the address on the permit or the address of the
current owner of record in the County tax records which states the written decision
which has been rendered by the Administrative Official. Such appeal shall be filed in
writing with the Administrative Official specifying the grounds on which the appeal is
based. The Administrative Official shall forthwith transmit to the City Council all
documents pertaining to the appealed action. The City Council shall hear the appeal at
a City Council meeting as soon as practicable thereafter to determine whether the
decision of the Administrative Official was in accordance with all ordinances and
regulations. The decision of the City Council shall be final.
On June 21, the City received a letter from Ms. Misty Ventura from Shupe Ventura,
PLLC (law firm representing Kirkwood Eye Center) appealing the Administrative
Official's June 13, 2019, decision. Ms. Ventura's letter indicates that the signage is
required by Section 351.362 (b) of the Texas Occupation Code. The letter states that
the "signage identified in your letter was erected for the purpose of complying with state
laws and regulations applicable to the Kirkwood Eye Center." The letter also states "as
such, the signage is exempt from the Southlake Sign ordinance pursuant to Section
5.3.9, which provides that the following signs are exempt from the requirements of the
ordinance: Any traffic sign, public notice or warning required by a valid and applicable
federal, state or local law, regulation or ordinance." Ms. Ventura's appeal letter is
attached (See Attachment B). The City Council will consider this appeal at its August
20th meeting.
Staff has provided an electronic copy of the City's Sign Ordinance (704-J).
Attachment A - Administrative Official's letter dated June 13, 2019
Attachment B - Letter appealing the Administrative Official's decision dated June 21,
2019
KMB/kmb
UI FY (_)F
( SOUTH LAKE
Department of Planning & Development Services
June 13, 2019
Dr. Peter Zanella, OD
Kirkwood Eye Center
2111 Kirkwood Blvd.
Suite #100
Southlake, TX, 76092
ATTACHMENT A
Re: Utilization of the panel signage to cover the window area to display the business names,
hours of operation, and names of the doctors for a building located at 2111 Kirkwood Blvd.
Dear Dr. Zanella:
I am writing per your request to provide an administrative decision regarding the use of a
covering over the window to display the business names, hours of operation and names of the
doctors for a building located at 2111 Kirkwood Blvd. The request for an administrative decision
was conveyed to me by Mr. Seantay Carpenter, the City's Landscape and Zoning Inspector.
Mr. Carpenter also provided me a photograph of the sign and regulations from the State of
Texas Occupation Code Chapter 351 (Optometrists and Therapeutic Optometrist).
Per the inspection of the sign by Mr. Carpenter and a review of the photograph, the covering
over the window has been determined to be a panel sign. A panel sign as defined by sign
ordinance 704 — J is as follows: Any separate, single panel or piece of material containing a
word or symbol legend or individual message that is affixed to the face of the sign. In section
5.2.29 of the sign ordinance under the section "Prohibited Signs" reads the following: Flat panel
signs located in non -industrial sections as defined.
As a result of the window covering being deemed a flat panel or any sign type specifically
permitted by sign ordinance, the City had deemed the referenced sign located over the window
as a prohibited sign type. As such this sign must be removed.
I have also reviewed the Occupation Code Chapter 351.362(b) which reads an optometrist of
therapeutic optometrist practicing in the State shall display the actual name under which the
optometrist or therapeutic optometrist is licensed by the board, so that the name is visible to the
public before entry into the optometrist or therapeutic optometrist's office reception area.
The City recognizes that the state requires the medical practice to display the actual name of
the optometrist in a manner that is visible to the public before entry into the office reception but
believes this can be achieved through an approved sign type such as an existing office or door
window, placard or part of an address sign. The City will work with you to allow a reasonable
time to relocate the required signage to an approved sign type such that you are not in violation
of the Texas Occupation Code or the Sign Ordinance. Mr. Carpenter can work with you on
possible options and the establishment of a reasonable time schedule.
Any decision rendered by the Administrative Official under the sign ordinance may be appealed
to the City Council by any person, agent, or representative affected by such decision. Such
appeal must be received within ten (10) days after the placement of a letter in the U.S. mail
addressed to the address on the permit or the address of the current owner of record in the
County tax records which states the written decision which has been rendered by the
Administrative Official.
Should you have any questions, please feel free to contact Mr. Carpenter or myself at (817)
748-8621.
Sincerely,
Ken Baker, AICP
Sr. Director, Planning & Development Services
Attachments: Photo of the signage
Sign Ordinance 704 — J, pages 8, 11 and 12
Occupation Code Chapter 351.362 — Provided by Dr. Zanella
cc: Allen Taylor, City Attorney
Mike White, Building Supervisor
Seantay Carpenter, Landscaping and Zoning Inspector
Signs
Example of drive through sign
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Private Equity Group
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SENJU
SPRINKLER
Example of a Flat Panel 8 Sian
SIGN. EXISTING COMMERCIAL BUILDING FOR LEASE
OR SALE GROUND: A temporary ground sign pertaining
to the sale or lease of the building on the lot or tract of land
on which the sign is located, or to the sale or lease of one
or more structures, or a portion thereof located thereon.
SIGN, CORPORATE FLAG: A sign made of cloth or similar
material, attached to a pole used to identify a place of
business or organization. This definition does not
include the flag of any country, state, city, county or
govemmental entity.
SIGN. NON-RESIDENTIAL DEVELOPMENT/
CONSTRUCTION: A temporary on-site ground sign
identifying the developing new nonresidential tracts or lots
and which can also contain the names of the architects,
engineers, contractors and similar artisans in the design or
construction of the structure or project. This sign pertains to
a new non-residential development that has been approved
by the City and is under construction.
SIGN. RESIDENTIAL DEVELOPMENT/CONSTRUCTION:
A temporary on-site ground sign identifying the developing
new residential tracts or lots and which can also contain the
names of the builders and similar artisans in the design or
construction of the project. This sign pertains to a new
residential development of four or more lots that is have
been approved by the City and is under construction.
SIGN. DIRECTIONAL: A permanent on-site attached sign
intended to aid in vehicular movement on the site.
SIGN. DIRECTORY: A permanent on-site attached or
monument sign providing direction to or identifying the
buildings in the development.
SIGN, DRIVE THROUGH: A permanent on-site attached or
monument sign located immediately adjacent to, within, or
over a drive through lane that is associated with sales
conducted from an automobile.
SIGN. DRIVE THROUGH — NON-FOOD SERVICE: A drive
through sign associated with sales from an automobile that
are not related to food service sales.
SIGN. ESTATE SALE: A temporary ground sign intended to
advertise an estate sale, conducted primarily indoors, on
residential property.
SIGN. EXISTING BUILDING FOR SALE/LEASING: An on-
site sign intended to advertise a building or buildings for
sale or lease after the building(s) have been occupied for a
year or more.
SIGN FACE: The surface of one side of a sign.
SIGN. FLAT PANEL A: An attached non -internally
illuminated sign that contains routed or embossed text
and/or logo affixed on a single metal plate or sandblasted
All signs that are lawfully in existence on the date of adoption of this ordinance may exist in their
present form, but no such signs shall be altered or moved unless a permit is issued pursuant to the
provisions of this ordinance. Permits granted prior to the passage of this ordinance shall be renewed
only if the applicant complies with all provisions of this ordinance.
Any legal, non -conforming sign which has been substantially destroyed or dismantled for any purpose
other than maintenance shall be deemed as completely destroyed if the cost of repairing the sign is
more than 60% of the cost of erecting a new sign of the same type at the same location. Under this
provision, the sign shall be removed and a permit shall be required to erect a new sign.
5.2 PROHIBITED SIGNS
All of the following signs are prohibited unless approved by City Council.
5.2.1 Signs attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public
buildings, fences, railings, public telephone poles, or trees, excluding political signs on private
property.
5.2.2 Signs which prevent free ingress to or egress from any door, window, or fire escape.
5.2.3 Signs erected or displayed in such a manner as to obstruct free and clear vision at any location,
street, intersection, or driveway. All signs placed at any intersection shall prevent such problem
by observing a sight triangle as provided for in Section 4 "Definitions."
5.2.4 Any sign which interferes with vehicular or pedestrian traffic as a result of the position, size,
shape, movement, color, fashion, manner, or intensity of illumination or any other
characteristics causing such interference. No person shall erect or allow to be displayed any
sign in such a manner as to interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal, or device, including, without limitation, signs making use of the
words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or
character, or employ any red, yellow, green, or other colored lamp or light in such a manner as
to cause confusion or otherwise interfere with vehicular or pedestrian traffic.
5.2.5 Signs erected or displayed on or over public right-of-way (R.O.W) or other public property,
excluding wayfinding signs and signs erected by the City, County, State or other authorized
governmental agency, or with the permission of the City, for public purposes.
5.2.6 Signs directly painted on buildings, except for signs less than a five (5) square foot area used
for building identification.
5.2.7 Obscene signs in which the dominant theme of material taken as a whole appeals to a prurient
interest in sex, or is patently offensive because it affronts community standards relating to the
description or representation of sexual matters, and is utterly without redeeming social value.
5.2.8 Portable signs, with the exception of sandwich board signs which comply with the regulations
set forth in Section 6.
5.2.9 Signs with exposed neon tube, except for openlclosed window signs.
5.2.10 Signs illuminated to such intensity or in such a manner as to cause a glare or brightness to a
degree that it constitutes a hazard or nuisance to traffic.
5.2.11 No exposed LED lights or other similar lighting in or framing windows, including attached to the
window frames.
5.2.12 Signs that move or flash or have moving or flashing components; signs that are intermittently
lighted or have changing colors; signs that revolve; or any other similarly constructed signs.
5.2.13 Readerboard signs, with the exception of bulletin board signs, drive through signs, and gasoline
pricing signs which comply with the regulations set forth in Section 7.2.
5.2.14 Illuminated signs erected or displayed within one -hundred fifty (150) feet of a single-family
residentially zoned property unless the lighting is shielded from view of the residentially zoned
property and indirect light does not exceed the intensity as specified in Lighting Ordinance No.
693-13, as amended.
5.2.15 Roof signs.
5.2.16 Any sign attached to a trailer, skid, or similar mobile structure, or vehicle sign where the primary
use of such structure is to provide a base for such sign or to constitute the sign itself. This
provision shall not be interpreted to prohibit identification signs on vehicles used for normal
11
business purposes, nor shall it be interpreted to prohibit bumper stickers. Vehicles with signage
are only in violation if the vehicle is parked in a manner for an extended period or off-site from
the business location such as overnight in a manner where it is visible from the street.
5.2.17 Sign walkers.
5.2.18 Structural, non-structural additions or attachments to monument signs, excluding structural
modifications for which a valid permit has been issued.
5.2.19 Boxed cabinet signs, capsule, or pill box signs attached to buildings.
5.2.20 Awning signs.
5.2.21 Commercial signage on grocery cart corals ("Return cart here" signs under 6 square feet are
permitted).
5.2.22 Signs illuminated with anything other than white light or a similar type light unless approved by
the Administrative Official.
5.2.23Any lighting projected onto a building, excluding customary exterior building and site
illumination (as determined by the Administrative Official) and permitted sign illumination.
5.2.24 Upper story signs, unless approved as part of a Master Sign Plan or variance.
5.2.25 Sign attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in
such a way that the sign attracts the attention of or informs persons using the public right-of-
way.
5.2.26 Vertically oriented signs unless specifically permitted by the ordinance.
5.2.27 Channel cut letters (internally or externally illuminated) mounted to a sign backer.
5.2.28 Graffiti is specifically prohibited within the city. The owner of property on which graffiti is located
shall remove all graffiti with 72 hours of notice.
5.2.29 Flat panel signs located in non -industrial areas as defined.
5.2.30 Any sign not specifically permitted by this ordinance.
5.3 EXEMPTIONS
The following signs are exempt from the requirements of this ordinance:
5.3.1 Warning and security signs, including signs placed by a public utility for the safety, welfare, or
convenience of the public, including, but not limited to signs identifying high voltage, public
telephone, or underground cables.
5.3.2 Government signs and signs for non-profit organizations sponsored by government including
flags, insignia, legal notices, informational, directional, and traffic signs which are legally
required or necessary to the essential functions of government agencies.
5.3.3 "No Dumping" and "No Trespassing" signs, less than two (2) square feet in area per sign face.
5.3.4 Signs in public parks placed inside ball field fencing by the City, which are intended for
advertising to raise funds for recreation programs which have copy on only one face with the
copy facing toward the interior of the feld.
5.3.5 Signs attached to a temporary structure utilized specifically for outdoor sales or services or any
other signs which are approved in a specific use permit authorizing the outdoor sales or
services.
5.3.6 Signs attached to a donation bin.
5.3.7 Signs associated with fund raisers/sales, provided that the activity is an authorized accessory
use as defined in Zoning Ordinance 480 as amended.
5.3.8 Non -illuminated names of buildings, dates of erection, monument statues, commemorative
tablets and the like when carved into stone, concrete, metal, or any other permanent type of
construction and made an integral part of an allowed structure or made flush to the ground.
Monumental commemorative sculpture and/or graphic art in any medium and including images
depicting real or allegorical persons, non-commercial themes or symbols, historical scenes and
events or idealized scenes, and inscribed dedications or quotations, permanently attached to
and Incorporated into the overall design of all or part of one or more facades of a community
center, religious institution, school, library, museum, hospital, or similar public or private, non-
profit, institutional or civic structures.
12
M
The signs does not match the definitions of a
window sign.
They match the the definitions of a Flat Panel
sign.
If the sign was directly attached to the window
then I could considered this window signage.
They have clips
supporting the sign
on the window.
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ATTACHMENT B
SHUPE VENTURA, PLLC
Attorneys and Counselors
9406 Biscayne Boulevard I Dallas, TX 75218
June 21. 2019
Ken Baker, AICP
Sr. Director, Planning & Development Services
City of Southlake
ilii!' ti[a:a
�.i.sc 31;•
TX 7n0�
Misty Ventura
214.328.1101
misty.ventura@svlandlaw.com
Re: Appeal of Administrative Official re: Signage at 2111 Kirkwood Blvd.
Dear Mr. Baker.
This law firm represents Kirkwood Eye Center in connection with the signage issue identified in
your June 13, 2019 letter to Dr. Peter Zanella setting forth your administrative decision regarding
the signage at 2111 Kirkwood Boulevard. The signage in question is required by Section
351.362(b) of the Texas Occupations Code, which provides that an optometrist or therapeutic
optometrist practicing in this state shall display the actual name under which the optometrist or
therapeutic optometrist is licensed by the board, so that the name is visible to the public before
entry into the optometrist's or therapeutic optometrist's office reception area. In addition, the
state's board certification regulations require that an optometrist using his or her name in a
professional setting must inform the public of the type of professional license held, which
includes printing the doctor's name on the door of the practice.
The signage identified in your letter was erected for the purpose of complying with state laws
and regulations applicable to the Kirkwood Eye Center. As such, the signage is exempt from the
Southlake Sign Ordinance pursuant to Section 5.3.9, which provides that the following signs are
exempt from the requirements of the ordinance: "Any traffic sign, public notice or warning
required by a valid and applicable federal, state, or local law, regulation, or ordinance." On
behalf of Kirkwood Eye Center and Dr. Peter Zanella, I am filing this appeal of your
administrative decision regarding the signage described in your June 13, 2019 letter and
requesting that this appeal be placed on the August 20. 2019 City Council meeting agenda for
consideration.
Sincerely.
Misty Ventura
cc: Seantay Carpenter, Landscaping and Zoning Inspector
Dr. Peter Zanella
\\SV-DC\Profiles$\melissa.lindelow\Desktop\Appeal letter to Southlake.doc