06-22-15 BOA Agenda with associated documents.•.
SCHERTZ BOARD OF ADJUSTMENT
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a team
2. RECOGNITIONIOATH OF APPOINTED COMMISSIONERS
3. ELECTION OF CHAIRMAN AND VICE CHAIRMAN
4. SEAT ALTERNATE TO ACT IF REQUIRED
5. CONSENT AGENDA:
A. Minutes for January 26, 2015 Regular Meeting.
6. PUBLIC HEARING:
The Board of Adjustment will hold a public hearing related to variance requests within this agenda. The public hearing will be opened to
receive a report from staff, the applicant, and the adjoining property owners affected by the applicants request, and any other interested
persons. Upon completion, the public hearing will be closed. The Board will discuss and consider the application, and may request
additional information from staff or the applicant, if required. After deliberation, the Board will act on the applicant's request.
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 parking lots and vehicular use areas for a depth of at least ten (10') at 711 FM 3009.
B. BOA 2015 -002
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 of the front fagade on the ground level .
floor, in order to permit a twenty six percent (26 %) coverage of windows and doors on the entire
fagade on the ground level floor at 71.1 FM 3009.
Board of Adjustment June 22, 2015 Page 1 of 2
V► Rikl 1►r111Lce flu 101 ►Y r►`�
A. Announcements by Members
• City and community events attended and to be attended
• Continuing education events attended and to be attended
B. Announcements by City Staff
• City and community events attended and to be attended
• Continuing education events attended and to be attended
8. ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATION
I, Lesa Wood, Senior Planner of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin
boards on this the 12th day of June, 2015 at 10:15 a.m., which is a place readily accessible to the public at all times and that said
notice was posted in accordance with chapter 551, Texas Government Code.
Lesci Wood
Lesa Wood, Senior Planner
I certify that the attached notice and agenda of items to be considered by the Schertz Board of Adjustment was removed from
the official bulletin board on day of , 2015.
title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special
assistance or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in advance (?f meeting
The Board of Adjustment for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to
discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any
Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the
governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the
meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has
been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is
conducted by all participants in reliance on this opinion.
Board of Adjustment Page 2 of 2
June 22, 2015
BOARD OF ADJUSTMENT MINUTES
January 26, 2015
The Schertz Board of Adjustment convened on January 26, 2015 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
Mark Tew, Alternate
BOARD MEMBERS ABSENT
Frank McElroy, Chairman
i l�Nl\ 9 W 111XII.� 7 g NA ZO 1 WOE] 1111
CITY STAFF
Michelle Sanchez, Director Development Services
Lesa Wood, Senior Planner
Bryce Cox, Planner I
Patti White, Executive Asst. of Development
Mr. Dziewit called the regular meeting to order at 6.08 P.M. and recognized members present.
2. SEAT ALTERNATE TO ACT IF REQUIRED
Mr. Dziewit seated Mr. Tew as a
3. CONSENT A
U 1101111111 DRI a] tMIXONNIFIMTIM,
Mr. Hartzog moved to approve the minutes as presented. Ms. Agee seconded the motion. Vote was
5 -0. Motion carried.
4. PUBLIC HEARIN
A. BOA 2014 -009 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 parking lots and vehicular use areas for a depth of at least ten (10') at
711 FM 3009.
B. BOA 2014 -010 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 favade 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 stated that he would like to consider both 4A and 4B together unless there is any
objection as they have had these same items before. There being no objections, Mr. Cox presented
Minutes
Board of Adjustment
January 26, 2015
Page 1 of 3
item 4A 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.l.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'.
Mr. Cox presented item 4B by stating that the pro
Development Code (UDC), Section 21.9.5 (C) (1
regard to the percentage of windows and doors r
states that at least thirty percent (30 %) of the .fron
windows and doors that allow for visibility into
variance, if granted will allow for a total of t w
( "glazing "). The requested variance, if approve
extended to all four sides of the building instead of
Both items were published in "T,
"Herald" on January 14, 2015. T
on January 9, 2015. At the time of
for both items.
The Board of Adjustment previously con
on April 22, 2013, September 26, 2013,
with the UDC both variances are effectiv
the 180 day period the owner has not
2 L4.12(C)(3)(c) and the variance will exl
perty owner is requesting a variance to the Unified
Exterior Construction and Design Standards with
equired on the front fagade of the building which
t fagade, on the ground floor level, must consist of
the commercial building or store. The requested
enty six percent (26 %) of windows and doors
will allow for the glazing requirement to be
,nt facade only.
ercial Recorder" on January 9, 2015 and in the
0) notices mailed to surrounding property owners
e (1) response was received in favor of the request
dered and approved both requests by unanimous decision
ebruary 24, 2014, and August 25, 2014. In accordance
for a period of 180 days after the date of approval. During
fled for a, building permit as required by UDC Section
re on February 21, 2015.
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 Elbe] and FM 3009. The south
side of the property is located adjacent to a multi - family dwelling district and is encumbered by
approximately seventy -nine feet (79') of easements; within that easement is a thirty foot (30')
Schertz Seguin Local Government Corporation (SSLGC) waterline easement and a sixty foot (60')
GVEC Electric easement which overlap each other by approximately 10 feet. SSLGC has indicated
that the planting of trees and shrubbery is prohibited within the waterline easement. 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.
Pursuant to the Unified Development Code (UDC) Article, 9, Section 21.9.5 Exterior Construction.
and Design. Standards the design criteria is to provide guidelines for new construction in order to
promote an aesthetically pleasing appearance. UDC, Section 21.9.5 (C) (1) requires that 30% of the
front fagade shall provide windows and doors to provide for visibility into the building. 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 walk -able environment. The
Minutes
Board of Adjustment
January 26, 2015
Page 2 of 3
ki
6.
applicant is requesting to install 26% windows and doors distributed around the exterior building
facades instead of the front facade only. In this case, the requirement for the window and door
installation on the front facade 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.
The hardship is in no way the result of the Applicant's own action, and Staff recommends approval
of both BOA 2014 -009 and BOA 2014 -010.
Mr. Dziewit opened the Public Hearing at 6:13 P.M.
There being no one who spoke, Mr. Dziewit closed the
Mr. Reynolds moved to approve the request for a
Mr. Tew seconded the motion. Vote was 5 -0. Mc
A. Announcements by Members
• Mr. Dziewit asked about the possibility of mi
check with Mr. James re�ardin2 ioint sessions
B. Announcements by City Staff
Minutes
Board of Adjustment
January 26, 2015
Page 3 of 3
ed.
at 6:13 P.M.
2014 -009 and BOA 2014 -010.
Ms. Sanchez stated that Staff will
and get a time line.
Recording Secretary, City of Schertz
TO: Board of Adjustment
rlti�i!� .FTTiTo�"i
CASE: BOA 2015 -001 Schertz 3009 Market — Landscaping
REQUEST: 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'.
PUBLIC NOTICE: The public hearing notice was published in "The Daily Commercial Recorder" on June 3,
2015 and in the "Herald" on June 10, 2015. There were ten (10) notices mailed to surrounding property owners
on June 2, 2015. At the time of this staff report two (2) responses were received in favor of the request.
BACKGROUND: The Board of Adjustment previously considered and approved this request by unanimous
decision on April 22, 2013, September 26, 2013, February 24, 2014, August 25, 2014, and January 26, 2015.
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 July 25, 2015.
ITEM SUMMARY: 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. The south side of the
property is located adjacent to a multi - family dwelling district and is encumbered by approximately seventy -nine
feet (79') of easements; within that easement is a thirty foot (30) Schertz Seguin Local Government
Corporation (SSLGC) waterline easement and a sixty foot (60) GVEC Electric easement which overlap each
other by approximately 10 feet. SSLGC has indicated that the planting of trees and shrubbery is prohibited
within the waterline easement. 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.
Pursuant to the Unified Development Code (UDC) Article 9, Section 21.9.7 Landscaping is required for all
development in the City to enhance the community's environmental and beautification efforts and reduce the
negative effects of the glare, noise, erosion and sedimentation caused by large areas of impervious and un-
vegetated surfaces. According to the UDC any nonresidential use is required to provide a twenty foot (20)
landscape buffer adjacent to the property line of a residential use or residentially zoned property with a
minimum of one (1) shade tree planted every thirty linear foot (30) and a minimum of ten (10) shrubs planted
for each fifty linear feet (50'). Perimeter landscaping that contains one (1) shade tree for each fifty linear feet
(50'); planter islands that contain a combination of trees and shrubs; and landscaping designed to screen off -
street parking from adjacent residential properties with shrubs is also required.
City Staff met several times with the property owner and project Engineer to discuss the site layout and
compliance with the UDC regulations. A site layout for the property with respect to the placement of the
building, parking areas and location of easement has been submitted as well as correspondence from the utility
companies describing their landscaping restrictions.
If the variances are granted the result would be a follows:
• No trees would be planted on the south property line or in the planter islands located within the
easements.
• Shrubs will be provided at the edge of the parking areas except for approximately 170' of parking that
directly abuts the waterline easement.
SUBJECT PROPERTY GENERAL LOCATION ZONING AND LAND USE:
The property is located on the southeast corner of FM 3009 and Elbel Road.
Existing Zoning Existing Use
General Business Undeveloped
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Existing Zoning Existing Use
North Right -of -Way Elbel Road
South Apartment/Multi- Family Residential District Multi- Family Residential
East Right -of -way Drainage Channel
West Right-of-wav FM 3009
iN
CRITERIA FOR REVIEW: According to UDC, Article 3, Sections 21.3.4.C, In order to make a finding of
hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following:
1. The requested variance does not violate the intent of this UDC or its amendments;
The variance does not violate the intent of the UDC or its amendments because the property owner will
provide landscaping on the site to enhance the beautification of the City as well as mitigate the noise
and lighting impact on the adjacent property by providing an additional setback and shrubs to provide a
visual screen. The south side of the property is encumbered by an exceptionally large easements and
no structures are allowed to be constructed within those easements essentially providing a minimum
setback seventy -nine feet (79) from the property line; which is fifty -four feet (54) more that the
standard commercial set back which will help mitigate the light and noise on the adjacent property. A
wooden privacy fence is currently located on the property line between the two properties that serves
as a visual screen.
2. Special conditions of restricted area, topography or physical features exits that are peculiar to
the subject parcel of land and are not applicable to other parcels of land in the same zoning
district;
The purpose of this variance is to acknowledge the special circumstances particular to the subject
property. The easement encumbrance of seventy -nine feet (79) on the subject property prohibits the
property owner from planting the required trees adjacent to the residential use. The large easement
limits development of the site and is not common to most commercial properties. Most commercial
developments have approximately ten (10) to twenty (20) feet of easements dedicated on the property.
3. The hardship is in no way the result of the applicant's own actions; or
The easements on the subject property, established by SSLGC and GVEC, create an undue hardship
because the use of the easements is restricted and are in no way the result of the applicant's own
actions. The easements were established to benefit the community and satisfy the needs for growth
and development in the area.
4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district that
comply with the same provisions.
STAFF ANALYSIS STAFF RECOMMENDATION:
Staff recommends approval of BOA 2015 -001. The request for a variance complies with the approval criteria
for granting a variance as presented above.
Planning Department Recommendation
X Approve as submitted
Approve with conditions*
Denial
* While the Board can impose conditions; conditions should only be imposed to meet requirements of the UDC.
Attachments:
Aerial location map
Public hearing notice map
Exhibits
CASE.
Board of Adjustment may grant variances or modifications of height, yard, arena, coverage, parking regulations, accessory
building and non- conforming use subject to making a finding of hardship that the variance meets all four of the following
criteria. State how your request meets these conditions.
Description of variance request:
The applicant is requesting a variance to Section 21.9.7 (G) requiring a 20 -ft landscape buffer adjacent to residential property with
shade tree for every 30 linear feet and 10 shrubs for every 50 linear feet, and Section 21.9.7 (H)(2) requiring a 10 -ft landscape buffer
adjacent to parking lot areas adjacent to residential with 1 shade tree for every 50 linear feet. The required buffer area can be provided
on the southeast side of the site adjacent to the mulfi- family residential use, however, the owners of existing utility easements along this
property line prohibit planting in the provided buffer area.
1. Does the requested vanance violate the intent of the Unified Development Code or deprive the applicant of right
commonly enjoyed by other properties in the swine zoning district that comply with the same provisions?
❑ Yes X 1\0
Explain: The requested variance does not violate the intent of the UDC as there are already several Gees and an existing wood fence in
place on the multi - family side of the property line within close proximity of the subject property. Any trees or shrubs planted within the
required landscape buffer would be blocked from view by the multi- family users by the existing fence screening the property.
2. Do special conditions or restricted area, shape, topography, or physical features exist that are irregular to the subject
parcel of land and not applicable to other parcels of land in the same zoning districts? X Yes CI No
Explain: This particular site is restricted by two existing utility lines with associated easements (30 -foot waterline easement and 50 -foot
overhead electric easement) totaling 79 -feet from the property line into the site on the southeast side. The owners of these easements
have expressed in writing (attached) that they will not permit plantings within the easements due to potential conflicts with their uses.
Therefore, the required landscape space (20 -feet from the property line) is provided, but the user is not permitted to plant the UDC
required plantings as noted above.
3. Is the hardship the result of the applicant's own actions or intended for financial interest? ❑ Yes X No
Explain: This hardship is a result of an existing waterline and easement established on the property in 1979 and existing overhead
electric tines and easements established in 2002 by previous property owners. These utilities benefit the surrounding community and
cannot feasibly be relocated due to their size and the density of existing development surrounding the site.
4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity?
❑ Yes X No
Explain: Granting this variance will only affect the subject property and the adjacent multi- family property. However, as stated above and
shown in the attached exhibits, an existing screening fence is already in place and acts as a visual buffer between the two uses. The
required landscape area will still be provided. It is only the required plantings within this area that cannot be provided.
Preparer's Signature:
Printed Name: Amanda K. Bahrij, P.E., LEAP
Date prepared: 7/29/14
16- Variance Checklist
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GRAPHIC SCALE AS SHOWN
LEGEND
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AREA OF VARIANCE
REQUEST
ACREAGE SUMMARY
LOT ±5.53 AC.
LOT ±0.83 AC.
TOTAL ±6.36 AC.
900 PARKING
BLDG SQ.FT.
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# OF SPACES
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Houy, Chelsy
From: Jeff Ratliff <jratliff @gvec.org>
Sent: Monday, March 18, 2013 12:09 PM
To: Schaefer, Jordan
Cc: Houy, Chelsy
Subject: RE: Elbel Rd. /FM 3009 Development - Overhead Electric Easement
I just wanted to clarify that you can plant shrubbery or grasses in the easement but you cannot plant trees within the
easement. Will this suffice or do you need me to send you something else?
,Jeff Ratliff'
Project Manager
Direct: 1. 30,401,834
Jratliff @gvec.or0
c
Guadalupe Valley Electric cooperative, Inc,
0400 [f1 -10 West I Seguin, TX 78155
1.800.223.GVEC (4832)
www. vec,org
Fit]
From: Jordan. Schaefer(a)kimiev- horn.com [mailto: Jordan .Schaefer @kimley- horn.com]
Sent: Monday, March 18, 2013 10:41 AM
To: Jeff Ratliff
Cc: chels .hout�kimle - horn.com
Subject: Elbel Rd. /FM 3009 Development - Overhead Electric Easement
Jeff,
We had spoken a couple weeks ago regarding a commercial site at the SW corner of Elbel Rd. and FM 3009 located in
Schertz. I had asked you if we could plant within an existing electric easement to meet city landscape requirements, but
you informed me that planting under the overhead electric lines is not allowed and our site would not be allowed to
plant within the easement. Since our conversation, we have spoken with the city and I am needing an email from you
that I can provide to the city stating that we will not be allowed to plant within the easement. This will allow us to obtain
a variance from the city for the planting requirement and avoid planting in the electric easement altogether. Would you
mind providing me with an email stating your decision on allowing planting within the easement? Thanks in advance for
your help and let me know if you need anything from our end.
Jordan Schaefer, E.I.T. 1 Ki ley -Horn and Associates, Inc. (TxNa.928) 1601, NW Loop 41.0, Suite 350, San Antordo, TX 73215
2101.321,3423 direct 1210,541,9166 office 1210,54 1,8699 fax 1 jordanschaefer@kimley- horn.com I vww.,klc ley truer rr rtn
Houy, Chelsy
From: Alan Cockerell <acockerell @seguintexas.gov>
Sent: Monday, March 18, 2013 11:36 AM
To: Schaefer, Jordan
Cc: Houy, Chelsy
Subject: Re: Elbel Rd. / FM 3009 Development - Water Easement
Jordan,
SSLGC does not want any vegetation other than grass planted on our pipeline right -of -way. We need to have
access at all times and any trees or shrubs will prohibit that access.
Thanks,
ATTENTION ELECTED OFFICIALS: A "Reply to All" on this e-mail could lead to violations of the Texas Open
Meetings Act. Please reply only to the sender.
CONFIDENTIAL NOTICE: The information in this e-mail may be confidential and /or privileged. This e -mail is
intended to be reviewed by only the individual or individuals named above. If you are not the intended recipient
or an authorized representative of the intended recipient, you are hereby notified that any review,
dissemination or copying of this e -mail or the information contained herein is prohibited. If you received this e-
mail in error, please immediately notify the sender by return e -mail and delete this e-mail from your system.
From: "Jordan Schaefer" <Jordan.Schaefekimley- horn.com>
To: acoc erell(c5seg�uintexas. ov
Cc: "chelsy houy" <chels .hou kimle - horn.com>
Sent: Monday, March 18, 2013 10:32:33 AM
Subject: RE: Elbel Rd. / FM 3009 Development - Water Easement
M
Jordan Schaefer, E.I.T. I Kimle - orn and Associates, Inc. (TX NO. 928) 1601 NW Loop 410, Suite 350, San Antonio, TX 78216 �
219.311.3423 direct 1210.541.9166 office 1210 .541.35x99 fax I iordanschaeferp kimley-horn.com w v�y F rrrley..li9rp ccrE_r
From: Schaefer, Jordan
Sent: Wednesday, February 20, 2013 4:34 PM
To: 'acockerell @seguintexas.gov'
Cc: Houy, Chelsy
Subject: Elbel Rd. / FM 3009 Development - Water Easement
Alan,
I am currently working on a development located at the southwest corner of Elbel Rd. and FM 3009 located in Schertz,
TX and have a couple of questions for you regarding a water line and easement located on our site. There is a 30' water
easement along our southern property line that runs parallel with the city required 20' landscape buffer. The city
requires that we plant "shade" trees (we have a variety of different species that we can use) and shrubs within the
buffer along our property and I wanted to verify what will be required /allowed with regards to the water utilities.
Specifically, would we be allowed to plant in the easement and if so, what would we be allowed to plant? In addition,
are there any root barrier systems that we could implement if we are not allowed to plant within the easement to allow
planting? I have attached an exhibit for your use so that you can get an idea of the site and what I am looking for. If you
could please give me a call back at your earliest convenience it would be greatly appreciated. Thanks for all your help.
Jordan Schaefer, E.I.T. I Ki ley- orn and Associates, Inc. (rxNo.szs) 691_ NW Loop 4:1.9,, Suite 359, San Antonio,, TX 711116 �
219.311.3423 direct 21.9.541.91.66 office 1210,541.8699 fax I iordan.schaefer @kimley- horn.com I wwknj.E lrrley horn.mr_
TO: Board of Adjustment
rlti�i!� .FTTiTo�"i
CASE: BOA 2015 -002 Schertz 3009 Market — Glazing
SUBJECT: 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 fagade 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.
GENERAL INFORMATION:
Owner /Applicant: Wal -Mart Real Estate Business Trust, Michael A Allen
Engineer: Kimley -Horn and Associates, Inc., Amanda Bahrij, P.E., LEED AP
Proiect Architect: Harrison French & Associates, LTD., Greg Stellmon
REQUEST: 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 facade of the building which states that at least thirty percent (30 %) of the front facade, 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.
PUBLIC NOTICE: The public hearing notice was published in "The Daily Commercial Recorder" on June 3,
2015 and in the "Herald" on June 10, 2015. There were ten (10) notices mailed to surrounding property owners
on June 2, 2015. At the time of this staff report two (2) responses were received in favor of the request.
BACKGROUND: The Board of Adjustment previously considered and approved this request by unanimous
decision on April 22, 2013, September 26, 2013, February 24, 2014, August 25, 2014, and January 26, 2015.
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 July 25, 2015.
ITEM SUMMARY: The property owner is proposing to construct an approximately 41,000 square foot grocery
store on the 6.36+ acre tract of land located at the corner of Elbel and FM 3009. Pursuant to the Unified
Development Code (UDC) Article, 9, Section 21.9.5 Exterior Construction and Design Standards the design
criteria is to provide guidelines for new construction in order to promote an aesthetically pleasing appearance.
UDC, Section 21 .9.5 (C) (1) requires that 30% of the front facade shall provide windows and doors to provide
for visibility into the building. In theory the installation of windows and doors on a front facade (building
storefront) is to provide an inviting aesthetic appearance which allows for innovative window display in a walk-
able environment. The applicant is requesting to install 26% windows and doors distributed around the exterior
building facades instead of the front fagade only. In this case, the requirement for the window and door
installation on the front fagade 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.
City staff met with the property owner, engineer, and architect to discuss the building layout and UDC
regulations. As a result of our discussion and review of the building plans it was determined that the installation
of the windows and doors over the entire building fagade instead of the front facade 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 front fagade only.
If the variance is granted the result would be the construction of an approximately 41,000 square foot building
with 26% windows and doors installed over the entire building fagade.
SUBJECT PROPERTY GENERAL LOCATION ZONING AND LAND USE:
The property is located on the southeast corner of FM 3009 and Elbel Road.
CRITERIA FOR REVIEW: According to UDC, Article 3, Sections 21.3.4.C, In order to make a finding of
hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following:
1. The requested variance does not violate the intent of this UDC or its amendments;
The UDC, Section 21.9.5 states that the intent of the design criteria is to provide an aesthetically
pleasing appearance. The exterior construction of the building will provide 26% of windows and doors
dispersed on all four sides of the building to provide an aesthetically pleasing appearance in keeping
with the spirit and intent of the UDC.
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Existing Zoning
Existing Use
General Business Undeveloped
;URROUNDING ZONING/LAND USE:
Existing Zoning
Existing Use
North Right -of -Way
Elbel Road
South Apartment/Multi- Family Residential District
Multi- Family Residential
East Right -of -way
Drainage Channel
West Right-of-wav
FM 3009
CRITERIA FOR REVIEW: According to UDC, Article 3, Sections 21.3.4.C, In order to make a finding of
hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following:
1. The requested variance does not violate the intent of this UDC or its amendments;
The UDC, Section 21.9.5 states that the intent of the design criteria is to provide an aesthetically
pleasing appearance. The exterior construction of the building will provide 26% of windows and doors
dispersed on all four sides of the building to provide an aesthetically pleasing appearance in keeping
with the spirit and intent of the UDC.
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2. Special conditions of restricted area, topography or physical features exits that are peculiar to
the subject parcel of land and are not applicable to other parcels of land in the same zoning
district;
Many retail shopping centers depend on a large quantity of windows and doors on the front fagade
(building storefront) to provide natural light and create an inviting appearance for a consumer to enter
their establishment. In this case, the proposed grocery store is a stand alone building located in a
commercial zoning district which accommodates various retail uses and due to the nature of the
grocery business sunlight and /or visibility will have a negative impact on their perishable products.
Granting this variance does not negatively impact adjacent properties in fact the windows on all sides
of the building will provide an increased aesthetic value from the solid masonry side walls initially
proposed on the site.
3. The hardship is in no way the result of the applicant's own actions; or
4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district that
comply with the same provisions.
The strict enforcement of the exterior construction and design standards creates an impact on the
functionality of the building because of the affect on the perishable food products such as produce and
cold storage. This impact would deprive the applicant of rights commonly enjoyed by two other grocery
stores located within the same zoning district.
STAFF ANALYSIS STAFF RECOMMENDATION:
Staff recommends approval of BOA 2015 -002. The request for a variance complies with the approval criteria
for granting a variance as presented above.
Planning Department Recommendation
X Approve as submitted
Approve with conditions*
Denial
* While the Board can impose conditions; conditions should only be imposed to meet requirements of the UDC.
Attachments:
Aerial location map
Public hearing notice map
Exhibits
Description ri request:
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