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08-25-2014 BOA MinutesBOARD OF ADJUSTMENT MINUTES August 25, 2014 The Schertz Board of Adjustment convened on August 25, 2014 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Richard Dziewit, Vice Chairman David Reynolds Earl Hartzog Reginna Agee Marls Tew, Alternate BOARD MEMBERS ABSENT Frank McElroy, Chairman 1. 2. 3. 4. CALL TO ORDER/ROLL CALL CITY STAFF Michelle Sanchez, Director Development Services Lesa Wood, Senior Planner Bryce Cox, Planner I Patti White, Executive Asst. of Development OTHERS PRESENT Michelle Haussmann, Land Use Solution James Griffin, Brown & Ortiz Mr. Dziewit called the regular meeting to order at 6:08 P.M. and recognized members present. SEAT ALTERNATE TO ACT IF REQUIRED Mr. Dziewit seated Mr. Tew as a voting member. CONSENT AGRENDA A. MINUTES FOR MARCH 31, 2014 REGULAR MEETING Mr. Hartzog moved to approve the minutes as presented. Mr. Reynolds seconded the motion. Vote was 5 -0. Motion carried. PUBLIC HEARING: A. BOA 2014 -006 Enterprise Industrial Park Lot 3, Block 1— Glazing Hold a public hearing, consider and act upon a request for a variance to Article 9, Section 21.9.5(C), Multifamily and Nonresidential Exterior Material Requirements, on approximately 19 acres located in the Enterprise Industrial Park Subdivision generally located at Lookout Road and Schertz Parkway. Mr. Dziewit opened the Public Hearing at 6:09 P.M. Mr. Cox presented this item by stating that the property owner is requesting a variance to the Unified Development Code (UDC), Section 21.9.5 (C) (1) Exterior Construction and Design Standards with regard to the percentage of windows and doors required to install on the front fagade of the building which requires at least fifteen percent (15 %) of the front fagade, on the ground floor level, to consist of windows and doors that allow for visibility into the commercial building or store. The requested variance, if granted will allow for coverage of windows and doors, equal to twenty eight percent (28 %) of the front fagade, distributed around the entire building fagade on the ground level floor. Minutes Board of Adjustment August 25, 2014 Page 1 of 4 The public hearing notice was published in "The Daily Commercial Recorder" on August 8, 2014 and in the "Herald" on August 13, 2014. There were three (3) notices mailed to surrounding property owners on August 14, 2014. At the time of this staff report no responses have been received for the proposed request. The property owner is proposing to construct an approximately 325,000 square foot office/ warehouse on the 18.6+ acre tract of land located north of the intersection of Schertz Parkway and Lookout Road. Through discussions with the applicant and architect it was determined that the installation of the windows and doors over the entire building fagade instead of the front fagade does not violate the spirit and intent of the UDC because it does provide for visibility into the building as well as an aesthetic appeal to the entire building instead of the font fagade only. If the variance is granted the result would be the construction of an approximately 325,000 square foot building with windows and doors totaling twenty eight percent (28 %) of the front fagade, installed over the entire building fagade. Staff recommends approval of BOA 2014 -006. Ms. Haussmann, representing the Applicant, gave a presentation with the following points: • Project Team: • Weeks Robinson Properties: Applicant • Beaty Palmer Architects: Architect • Land Use Solutions: Planning Process • Project Details: 0 18.68 acres 0 325,000 sf office /warehouse o Estimated nine month construction • Variance Request: o Request: • Increase percentage of windows and doors of font fagade; • Distributed on all exterior facades o Support: • Meets spirit and intent of criteria: Aesthetically pleasing appearance on all four sides • Increased aesthetic value for adjacent properties: Windows provided rather than solid masonry walls • Impact on functionality of building: Building security and natural lighting Mr. Dziewit closed the Public Hearing at 6:22 P. M. Mr. Hartzog moved to approve the request for a variance. Ms. Agee seconded the motion. Vote was 5 -0. Motion carried. B. BOA 2014 -007 Schertz 3009 Market — Landscaping Hold a public hearing, consider and act upon a request for a variance to Article 9, Section 21.9.7 — Landscaping from the requirement that a twenty foot (20') landscape buffer with trees and shrubs be provided adjacent to a residential use or residentially zoned property; and adjacent to all perimeter parldng lots and vehicular use areas for a depth of at least ten (10') at 711 FM 3009. Minutes Board of Adjustment August 25, 2014 Page 2 of 4 Mr. Dziewit opened the Public Hearing at 6:22 P.M. Mr. Cox presented this item by stating that the property owner is requesting three (3) variances to the Unified Development Code (UDC), Article 9, Landscaping. All requests are specifically related to the south side of the property which is adjacent to a residential use. 1. A variance to Sec. 21.9.7.G with regard to required number of trees and shrubs planted within the twenty foot (20') landscape buffer for the entire length of the south property line. 2. A variance to Sec. 21.9.7.H.1.c with regard to the number of trees required to be planted in the planter islands with in the parking lot. 3. A variance to Sec. 21.9.7.H.2 with regard to the number of trees required to be planted on the entire length perimeter area of the south property line and for the shrubs required to be planted where off - street parking abuts a residential property line for approximately 170'. The Board of Adjustment previously considered and approved this request by unanimous decision on April 22, 2013, September 26, 2013, and February 24, 2014. In accordance with the UDC a variance is effective for a period of 180 days after the date of approval. During the 180 day period the owner has not filed for a building permit as required by UDC Section 21.4.12(C)(3)(c) and the variance will expire on August 23, 2014. The property owner is proposing to construct an approximately 41,000 square foot retail development on the 6.36+ acre tract of land located at the corner of Elbel and FM 3009. GVEC has indicated that planting trees is prohibited within their easement but the planting of shrubbery is permitted within their easement. These existing easements and restrictions limit the property owner's ability to comply with the Unified Development Code (UDC) landscaping requirements. Staff recommends approval of BOA 2014 -007. Mr. Griffin, representing the Applicant, stated that they are submitting construction plans as quickly as they can and in asking for the variances again, it will give them another 180 days. Mr. Dziewit asked if there is a limit to the number of times to request a variance. Mr. Cox stated that there is no limit. Mr. Tew asked if they are planning on submitting construction plans in the next 180 days. Mr. Griffin stated that they are planning on getting the plans in within 180 days and to start construction in the summer of 2015. Mr. Dziewit closed the Public Hearing at 6:24 P.M. Mr. Hartzog moved to approve the request for a variance. Mr. Reynolds seconded the motion. Vote was 5 -0. Motion carried. C. BOA 2014 -008 Schertz 3009 Market — Glazing Hold a public hearing, consider and act upon a request for a variance to Article 9, Section 21.9.5(C), Multifamily and Nonresidential Exterior Material Requirements, to allow a variance from the required thirty percent (30 %) windows and doors on the front facade on the ground level floor, in order to permit a twenty six percent (26 %) coverage of windows and doors on the entire facade on the ground level floor at 711 FM 3009. Mr. Dziewit opened the Public Hearing at 6:25 P.M. Minutes Board of Adjustment August 25, 2014 Page 3 of 4 5. 6. Mr. Cox presented this item by stating that the property owner is requesting a variance to the Unified Development Code (UDC), Section 21.9.5 (C) (1) Exterior Construction and Design Standards with regard to the percentage of windows and doors required on the front fagade of the building which states that at least thirty percent (30 %) of the front fagade, on the ground floor level, must consist of windows and doors that allow for visibility into the commercial building or store. The requested variance, if granted will allow for a total of twenty six percent (26 %) of windows and doors ( "glazing "). The requested variance, if approved, will allow for the glazing requirement to be extended to all four sides of the building instead of front fagade only. The Board of Adjustment previously considered and approved this request by unanimous decision on April 22, 2013, September 26, 2013, and February 24, 2014. In accordance with the UDC a variance is effective for a period of 180 days after the date of approval. During the 180 day period the owner has not filed for a building permit as required by UDC Section 21.4.12(C)(3)(c) and the variance will expire on August 23, 2014. In theory the installation of windows and doors on a front fagade (building storefront) is to provide an inviting aesthetic appearance which allows for innovative window display in a walls- able environment. The applicant is requesting to install 26% windows and doors distributed around the exterior building facades instead of the front fayade only. In this case, the requirement for the window and door installation on the front fayade has a direct impact on the functionality of the building. The grocery store has a pharmacy and refrigerated units that are located on the perimeter walls, as well as perishable foods such as produce that are impacted by the sunlight and visibility into the store. Staff recommends approval of BOA 2014 -008. Mr. Dziewit closed the Public Hearing at 6:26 P.M. Mr. Reynolds moved to approve the request for a variance. Ms. Agree seconded the motion. Vote was 5 -0. Motion carried. REQUESTS AND ANNOUNCEMENTS A. Announcements by Members • Mr. Dziewit stated that he would like more involvement with other groups to get some of the items closer with P &Z, Parks, etc. Mr. Cox stated that Staff is working on UDC changes and will be sending out a draft of the ordinance to the Board, and the focus group soon. B. Announcements by City Staff • None. ADJOURNMENT The meeting adjourned at 6:30 P.M. it man, Board of Ad'a tment Minutes Board of Adjustment August 25, 2014 Page 4 of 4 ga,-4� a� I �"I- Recording Secretary, City of Schertz