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06-27-1989 " .; ',,- ," ,:',;',;~; '<;" ~;.;';j"pJ~U;..._.,_ t.w:~ ~ : , ,~ ~t 0: "..J ../< '; {h '. "''':t;' .' ,', ~'i "~-,,. ,.;~,.,'..i\.}-;'hhh;'\;"./~h~ 'h-~~ '; '. ,,_, ~_ ' . i (, ..~: ~.It " ED7F '\ .-1 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular' session on Tuesday, June 27, 1989 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN JOE POTEMPA, VICE-CHAIRMAN MERWIN WILLMAN BOB ANDREWS GEORGE VICK KEN GREENWALD, COUNCILMAN ROBERT MCLAREN, GARDEN RIDGE QUALITY CLOSEOUTS SUZANNE MUELLER CITY STAFF KEITH VAN DINE, SECRETARY STEVE SIMONSON, ASST. CITY MANAGER SHIRLEY HAMM, RECORDING SECRETARY DON BRODEUR, CITY INSPECTOR MEMBERS ABSENT #1 CALL TO ORDER Chairman Brisgill called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session June 13, 1989 ,g.;; Merwin Willman made a motion to approve the minutes for the regular session June 13, 1989. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Suzanne Mueller - Request for 6' Exception to Easement Requirement at 2908 Bent Tree Drive, Greenshire Oaks Subdivision Suzanne Mueller was at the meeting to represent this request. Chairman Brisgill asked for Staff input. steve Simonson reported that although the plat received by Planning and Zoning shows the electric in that back easement, the electric was in fact put in the front. Only the telephone and the cable are in the back easement. Mr. Simonson said, upon checking the minutes, it was found Mr. Vaughan had requested approval, depending on the lot, to put the electric in front whenever possible and the consensus of the Commission was approval of that request. Mr. Simonson also related that Lupe , - - ~"._'~ d'. ,_ . .._ -. .' " Contreras from Southwestern Bell had called today and said they are prepared to give a variance to Ms. Mueller if the Commission so requires - Southwestern Bell has no problem with that. Chairman Brlsgill asked Suzanne Mueller if she had any input and Ms. Mueller replied that in addition to approval from Southwestern Bell, she also has a letter from Rogers Cable stating they would allow her a variance of up to 10 feet. George Vick questioned Suzanne Mueller on how close to the house she will be building, saying if she wants the pool 7 feet from her house, she'll be taking up about all the easement . Ms. Mueller replied she will probably be building about 3 or 4 feet from the house. Merwin Willman then asked what will be built in the easement and Suzanne Mueller, after determining the size of the pool, replied a portion of the apron will be built in the easement. There was some discussion about the apron around the pool and how many feet there are from the back of the house to the fence. Merwin Willman questioned the amount of area that will be left for the pool after the apron is buil t in a portion of the easement. , \ ~ Chairman Brisgill mentioned a hypothetical situation saying that if the Commission authorized, for example, a 10' exception, then it will be up to the builder to put the pool in the area that is left. Mr. Brisgill also indicated he would like to have coples of the letters from Southwestern Bell and Rogers Cable. Bob Andrews made a motion to approve the request f rom Suzanne Mueller for a 6 foot exception to the 16 foot rear yard easement requirement at 2908 Bent Tree Drive, Greenshire Oaks Subdivision, with the following stipulations: (1) no part of the actual pool may encroach into the 16 foot rear yard easement; (2) only the apron around the pool may encroach 6 feet into the existing easement; (3) and copies of the letters from Southwestern Bell and Rogers Cable must be on file with the City and furnished to the Commission prior to the construction of the pool. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. Chairman Brisgill once again reminded Suzanne Mueller of the stipulation that none of the pool, only the apron, may be constructed in the 6' of the existing easement and that the Commission needs copies of the letters from Southwestern Bell and Rogers Cable. Ms. Mueller said she understood and Chairman Brisgill thanked her for coming. -2- )0 ;J. .~. 'Ii ,t._ ....... ...or, . ." ... ... ". ..,...'.... _...} ", \.:. ...,.....,~ ,-Y ,.. '"'.....,...1... ...h,t\. .......1.,.,. :',~_..V,.'"." H~', ~U'.~~" .'" h:H..........h. ...:, .,-)...:..;~ -; ..,)_'-~'\.. ~~~.''''.I~)...:!'..F,H,h.li',-), '::'0..)-..') ro )':...:-:....h......') \l~.-'.~~Ii...)."..< .,.'....,. ~~ ,~: -l~;;~...1, ,';)_(J..~..>.-::~p. \. ,.(iQ ;:".\~..i\l~;,')/~h~.~..:.) ~;--'-;.:::~i~;:; '5 CONSIDER AND TAKE APPROPRIATE ACTION: Robert D. McLaren on Behalf of Quality Closeouts Request for Exception to Sign Ordinance to Allow Flags and Pennants at 17051 IH-35 N Robert McLaren was at the meeting to represent this request. Chairman Brisgill asked for Staff input. steve Simonson informed the Commission that Robert McLaren had some bandit signs out last week and since bandit signs are not allowed in the city, except in certain areas, he had asked Don Brodeur, City Inspector, to pick up the bandit signs. Don Brodeur had picked up the signs, which had upset Robert McLaren, and so Mr. Broduer advi sed Mr. McLaren to wr i te a let ter explaining his situation and come before Planning and Zoning. Mr. Simonson further stated that Robert McLaren has cleaned up his lot, but the flags and banners are still out and Mr. McLaren is here tonight to plead his case. ~ Robert McLaren told the Commission he doesn't know how many of them have been by his place .of business, but it is . located on 8 acres with the building itself on the back 3 acres, and the 500 feet off IH-35 is very neatly maintained. There is a red and white logo on the flags on top of the building The flags were secured with brackets, for proper mounting, and placed on top of the building in order to get people to notice the location. Mr. McLaren said he tried to make it look first class. Robert McLaren continued on saying he did not realize until he got a letter from the Inspection Department that flags are a violation of the ordinance. Mr. McLaren stressed that his problem is exposure and he feels his flags don't look bad after all the time they've been up since the opening. As a matter of fact, they add a lot to the appearance and are very visible. Robert McLaren noted that allowing flags for only ten days on a grand opening certainly restricts the businessman from advertising. Chairman Brisgill asked Robert McLaren if he has a copy of the Sign Ordinance and Mr. McLaren replied he does. Robert McLaren pointed out his business is so close to Selma where Gillman Honda always has lots of flags on display. Bob Andrews acknowledged that the Sign Ordinance does have some flaws, but the Commission' is trying to maintain some type of control over signs and preserve the aesthetics of Schertz while still trying to work with the business community on their advertising needs. Mr. Andrews remarked the thing that disturbs him is the fact that sometimes the only time the Commission sees people is when they come in for approval after the fact, after the violation has been discovered. -3- ';, . ~ ~;- ~:~; ~ $:;~::;:: ~ ~.~ ~.t;~ <~ ~ )~) t~ ~)~ ~~) ~;'th ~ ~ ~t~ ~ ~~) ~~:% < 5{ ~.;;~) ~;' ~:- _~ ~:,;. :... ~ ,: ~ .:,::; ~'S~,~, " Robert McLaren stated he had no idea the flags were not permitted and further commented this particular regulation is kind of off- the-wall in his opinion since it restricts the businessman so much. Mr. McLaren remarked, that to him, flags are not' aesthetically displeasing. Chairman Brisgill then mentioned the banners displayed on Mr. McLaren's large'sign, saying he felt that since an exception had to be granted for the size of the sign in the first place, Mr. McLaren should have known he couldn't add banners to it. Merwin Willman noted that from what he was hearing it appears the only form of advertising Robert McLaren uses is putting signs all over the place. Mr. McLaren confirmed the fact that he has spent a fortune on signs because people still tell him they cannot find his location. Chairman Brisgill mentioned that Item #8 on the agenda is a review of the Sign Ordinance and said he feels the Commission should complete their review before taking any action on Mr. McLarens' request. Chairman Brisgill did have one more question for Robert McLaren. Referring to correspondence which only says Qual i ty Closeouts, Mr. Brisgill asked when they took the name of Garden Ridge Quality Closeouts. Robert McLaren replied they incorporated that name as of March 1, 1989. ~ Merwin Willman suggested letting Robert McLaren continue as is until the Sign Ordinance is completely reviewed. George Vick asked if the extension should be for 60 or 120 days. steve Simonson recommended 90 days and if the Sign Ordinance is not finished by then, letting the Staff okay an additional 30 days. Merwin Willman made a motion to grant an extension to Robert D. McLaren, on behalf of Quality Closeouts, allowing him to continue, as is, with the existing signs for a period of 90 days, with the possibility of an extra 30 day extension by Staff, until the new Sign Ordinance is finalized. Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. Chairman Brisgill said hopefully the revised Sign Ordinance will be in effect in 90 days. steve Simonson requested that all the businesses be made aware that the Commission is rewriting the Sign Ordinance and told Mr. McLaren if he knows of others, to inform them of this fact. -4- "1-1 "1-1 o .+J ~ ~ Q) ..0 .+J o c:: O'l c:: .r-! .+J .r-! ~ 3 Q) ~ Q) o!:: .+J .+J ~ ..c:: .+J "tj Q) .+J 00 Q) O'l O'l ~ 00 c:: Q) ~ . ~ >t ...:I-t t) Q) ~.+J .r-! c:: +J . r-! ~"I-I Q) Q) ..o"tj o c:: CJ::j.r-! .... o 00 3 ~ .+J c::"tj Q) Q) .+J~ +J . r-! . r-! c:: ~.r-! 3"1-1 00 O'l I'd c:: 3'r-! .+J Q).r-! {) ~ c:: 3 l'd Q) c:: ~ .r-! "tj Q) ~..c:: O.+J Q).+J ..c:: Q) +J0'l +J ~-t ..c:-t +J . r-! 3 ro Q) c:: 000 . r-! . r-! :> 00 · "OOOQ) ~ .r-! -t c::~~ ~ 0 00 e C) 00 -t 0 -t(])~ . r-:I. ..c:: ~ +J >t -t c:: ..0 . r-! 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Q) . r-! 00.-1 OO~~>t >tOQ)....t ~ 0., \\1 00 en 0., 3 'l"'1 l'd ~ +J..c: .r-! +J 0 "d +J Q) +J C 3 :::l.l"'1oo 0 o >t .+J en ~ r-g I'd ru en +J .r-! C..c::o .r-! 0 roi O:::l Q) enen.-l 0., ~ 0 ~ "d ..c: 'l"'1 :::lQ) ..c: OJ l..! ~ Q) "d . r-! Q) :> O::Sc ru ~ 0" 3 "0 Q) 1XlQ)0Q)+J ~ ...'x: C C Q) C rtl o en..c: ::s H CI .r-! ~ 'r! O'l I LO I Mr. Brodeur further stated the Inspection Department has been working with individuals ln violation of this Ordinance to give them time to comply. Bob Andrews 'asked what happens at the end of 30 days if nothing has been done to correct the situation. Don Brodeur replied if nothing has been done, the vehicle will be towed away. Bob Andrews then asked if we send a bill and was informed by Don Brodeur there is no bill sent. steve Simonson said the towing company absorbs the cost. Joe Potempa asked how long the permit is good. Don Brodeur replied it is normally good for 6 months, but if Mr. De Luna cannot comply within the 30-day extension, the vehicle will be towed away. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion and Review of Sign Ordinance Chairman Brisgill commented that Don Brodeur, City Inspector, has written up some suggestions on possible changes to the Sign Ordinance (Copy Attached). Mr. Brisgill continued on by saying he doesn't mind reviewing the entire ordinance, but hates to take the time to put together a good ordinance and then find it is not enforced. A couple of suggestions Chairman Brisgill had were to list the prohibited signs at the beginning of the Ordinance rather than under Article VII and to impress upon City Council we need to have the Inspection Department set aside a certain amount of time to devote to enforcement of the Sign Ordinance. The Commission, using the Sign Ordinance and Don Brodeur's list of possible changes, reviewed, discussed and made their comments and suggestions to the following: ARTICLE II 4. Change from: "Except as herein provided, no person or business firm, acting either as principal or agent, shall alter the copy, face or lettering of any sign, except for Section signs with temporary messages made from interchangeable characters, attached to tracks or grooves on the sign board, either by changing the message, or shall erect any sign or sign structure until a sign permit for such work has been issued by the Building Official to a bonded contract or the owner or occupant of the premises where the work is to be done." -6- To: "Except as herein provided, no person or business firm, acting either as principal or agent, shall erect any sign or sign structure until a sign permit for such work has been issued by the Building Of,ficial to a bonded contract or the owner or. occupant of the ~remiseswhere the work is to be done." ARTICLE II 9. Delete entire #9: lights shall have (35) watts." "Signs with flashing, blinking or traveling light bulbs which do not exceed thirty-five ARTICLE III Section 4l. "Sign, Portable or Mobile: Any sign designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted upon a trailer, wheel carrier or other non-motorized mobile structure. A portable sign which has it's wheels removed shall still be considered a portable sign hereunder; used for a short period of time to announce a special event or activity." Change the first sentence to read as follows: "Any slgn, excluding A-frame or sandwich-type signs, designed or constructed to be easily moved from one loca~ion to another, including slgns mounted upon or designed to be mounted upon a trailer, wheel carrier or other non-motorized mobile structure." ARTICLE VI Section 5c.(6) Change from: "Auxiliary signs shall not be permitted affixed to a free-standing sign." To: "Auxiliary signs shall be permitted." ARTICLE VI Section 5m.(6) Change from: "Billboards shall be set back at least fifty (50') feet from the right-of-way of any street, road, expressway or interstate highway." To: "Billboards shall be set back at least fifty (50') feet from the property line." The Commission also discussed flags and banners saying four things should be considered when approving flags and banners: (1) quality control, (2) the number, (3) a time limit, and (4) safety. Among the other items discussed were message boards versus banners, the definition of auxiliary signs, advertising signs, promotional signs, portable signs, non-professional looking signs, billboards, bandit s~gns, garage sale signs and itinerate merchant (i.e., fruit peddler) signs. It was felt there will need to be a change ln the date for compliance when the Sign Ordinance is revised. -7- " ',. :', Yo'" i,:<; ..,,:; ~.. .' '. ". h.._.' ,~ ,. ~.....; )~;."'~ ~ l, "'<" :.";)~:r..)':~ ,).W(~~,~ .h'J0'h'-'.~ ":.l-0~, .. '. :'" <..;J,+)...::>...:',....~,...:..~; ;" ...,- .'.~', ~:." ", : -.~~;. ...~...: \~..;;' .;:' ...~'s..<.', ;.~:,'\.> ,: \,')~ <Li'~ ).;.~,~_~~/. ~.'ii:.t~/,} ~ <\.:. .;o),~: ,>)'.h~";'~,):;~)}.t;~,'.," i-< ':~; ~.; ,. ~_, :>~ :"~L _J, Bob Andrews recommended that when the Sign Ordinance is revised, a copy be sent by certified mail to those in nonconformance. Chairman Brisgi1l asked that under ARTICLE VI, Section 5i., . Temporary Business Promotional Signs, the Commission take their thoughts and come back later with their ideas on these signs. Further discussion of the Sign Ordinance will be placed on the agenda after the suggested changes above have been incorporated. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion of Budget Requirements for 1989-90 Fiscal Year Steve Simonson informed the Commission the APA has gone up on it's membership fee. Also, they will continue to receive three publ ications, the "Zoning Bulletin", "Zoning News" and "Zoning Report" . George Vick expressed the opinion that the City is going to need professional input for the City Plan and suggested adding a consultant's fee to the budget requirements. Mr. Vick indicated that if Planning and Zoning doesn't use it, the Council could put the money in something else. Steve Simonson said that depends on whether or not Council approves it. Merwin Willman asked what it would cost to hire a consultant. ~~ ~! Steve Simonson replied' it depends on the amount of professional input required and Councilman Greenwald suggested a figure of $2,000. Bob Andrews remarked if it's not used this year, it can be used later. steve Simonson advised that lS not correct, it has to be used, it can't be carried over. Steve Simonson reminded the Commission that Norma Althouse needs to know who will be attending the Conference in Lubbock ln October. After review of last year's budget requirements and some discussion, the Commission arrived at the following figures: $600 for memberships and publications, $750 for recording fees, and $4200 for training, conferences and travel. 19 GENERAL DISCUSSION George Vick commented on a tractor trailer over on Pecan on private property. Steve Simonson reported that a letter had been sent with no results. Mr; Simonson further stated it cannot be parked on the street, but the City is not authorized to do anything on private property and so they don't know yet what action can be taken. -8- '. George Vick indicated that he thought carports to be enclosed. Steve Simonson remarked that work and others have shade screens. Mr. enlcosure is al19wed, but lattice work is okay. were not supposed some have lattice Simonson said no George Vick ~emarked there is an awning on a carport in an older section on Randolph Boulevard. steve Simonson commented it has been there for a long time. At this time there was discussion about who was going to the Conference in Lubbock, who was driving and who was flying, who was taking their spouse and how long they were going to stay. Stev~..Simonson made a list of those planning to attend. Merwin Willman noted that at the last City Council meeting John Lund's request to put mobile homes on his property on FM 1518 was . disapproved. Mr. Willman said part of the reason for the disapproval was because it is in the AICUZ. Joe Potempa commented on the remarks by one of the Councilmen indicating that Planning and Zoning had been remiss by not realizing in the first place that Mr. Lund's property is in the AICUZ. Mr. Potempa emphasized that he thought this was a cheap shot at Planning and Zqning on the part of the Councilman. :~; Merwin Willman asked if all the recommended amendments to the Zoning Ordinance had been forwarded to city Council. steve Simonson replied yes they had. ~ Merwin Willman also referred to steve Simonson's letter ln the packages regarding the recycling of trash and suggested an article be put ion the Newsletter to see if any citizens want to serve on a committee to look into such a project. Councilman Greenwald informed the Commission he had attended a seminar in Corpus Christi on Waste Recycling. Mr. Greenwald said the state plans to add 500 per ton per hauler by October 26th which means an additional rate increase. There are no Class 4 landfills, only Class 1 regulated landfills. Recycling center funds are available. One such center is due to open in Caldwell which will handle 200 tons a day. It needs 60 tons a day to break even. Mr. Greenwald said we will see a lot more recycling statewide. There is a Senate bill making money available for reimbursement of legal fees if we prosecute someone for illegal dumping. Mr. Greenwald said that's one of the reasons he went to the seminar. Merwin Willman remarked on the magazine brought in on recycling and on an article from Maine on dumping. Councilman Greenwald also reported that something else going into effect this year for cities of over 100,000 population is storm water management. streams and creeks have to be captured and checked before being released. Mr. Greenwald said one of the -9- oj. things you can do is set up a drain utility system and we need to look into the requirements that have to be met because he can see it coming to the;..smaller cities. steve Simonson pointed out that when Dietz Creek is annexed it will have to be enlarged and be channeled which will cost millions. Councilman Greenwald commented there's a chance smaller cities will have to set up a drain utility system in 3-5 years, so we need to have a drainage fee now in order to have something to draw from when that day comes. George Vick stated that large cities-have the drain, but we have to dig ditches. Bob Andrews observed that some areas could be removed from the flood plain. There was then discussion on promoting existing businesses within the City. steve Simonson commented this is the first time we've asked businesses what they want. We don't like all that we hear, but we have to listen. Councilman Greenwald emphasized the need to do everything possible to promote existing businesses. Bob Andrews remarked on a brochure containing Texas spots of interest and said there are cities in there with populations of less than 2,000, but Schertz isn't in there. Steve Simonson related that the Texas Department of Commerce will tell you how to promote tourism. Mr. Simonson said if you don't promot~your own City, nobody will. Mr. Simonson further stated we can get information from TDC and they will send it to us free of charge. Councilman Greenwald spoke of cooperation with the R. V. Park whereby we use and promote the park and they in turn use our merchants. There was then discussion on the possibility of a golf course in Schertz with steve Simonson commenting that Green space is out there if you want it. George Vick noted that golf is number one in the nation today. Steve Simonson told the Commission that all golf courses in San Antonio are self-supporting and they could contact Mr. Sweatt for further information. Chairman Brisgill asked if anything lS being done about Bishop Center. Steve Simonson replied the gentleman is not an easy man to deal with and all of his property is not in our City. -10- ..~ Chairman Brisgill also mentioned several things he will be speaking about in his speech at the APA conference such as the Jack Hays Bl vd. Over lay District and the AICUZ and asked the Commissioners fOJ:" any ideas they may have. 110 ADJOURNMENT Bob Andrews made a motion to adjourn the meeting. Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. Chairman Brisgill adjourned the meeting at 10:50 P.M. The next regularly scheduled meeting is July 11, 1989. -11- .. .' - \' ~',~'. ~:'l' ~...;. t".:' ;- '.:" ,...... -..' ." ,,- ;;' ,'" - -..... .....:.,.: lo '; ":.". - ...., - .. ':.- .;.,- ',...., \ .-".-.-..'~. . : ~'-,~' ,: .~: ':,j ,':.,"; ;~.,.- ~>:; \1'~:~. .... .,..<\;;..):1:. .\ ....~ ~:.~_ <:"'-:.'~'.>',:< . ("\~; -:. ~. ~'t"" TO: PLANNING & ZONING BOARD FROM: DON BROPEUR, CITY INSPECTOR SUBJECT: REVIEW SIGN ORDINANCE 86-S-28 Request the Commission. review the following Sections of the Ordinance which have been particularly restrictive to the business community: 1. Art. II Sec. 4. Permit Required to Change Copy or Logo of Sign. *Highway billboards are routinely changed by national advertisers - enforcement difficult to nearly impossible. Sec. 9. Flashing, Blinking Lights on Signs are not Permitted. *No need to restrict.wattage of light bulbs. 2. Art. V Sec. 3. Banners and Pennants are Permitted to Announce a Grand Opening not to Exceed Ten Days. ~!:::;: *Use of pennants to attract attention to a place of business, an open house and similar occasions are practically an American institution used by major oil companies, realtors and many retail busine~~es allover the country. Pennants advertising periodic specials at fast food chains and at retail and serv~ce businesses are normally accepted as an appropriate means of generating additional business. In many cases, nationally franchised stores are very often required to display company promotions in this manner. Sec. Sc(6). Auxiliary Signs Shall not be Permitted Attached to"a Free Standing Sign. *What other location is available to display such signs as credit cards, pricing, or :4irections to restrooms or offices? Art. VIII 3. "A" Frame or Sandwich Signs are Listed as Non- Conforming Signs. *Art. III 4 1. Defines Portable or Mobile Sign: Any s19n designed or constructed to be easily moved from one location to another, used for a short period of time to announce a special event or activity. Should a business owner be penalized because he does not want to purchase or rent a manufactured sign? ."~~7~* '-~.,.-.. ~., , . " ~. ~... ....~-.:.... .~"""'.'. ':.'.':. -:; ':.'...; ':' ''-J...~:~i.. ::'-'. '.~.:. ~; '.'-: ~ ;' .~..'~. '!.;~. .':'..~'. ;-..'~.::." :.-.:-:, ::.":;;~'':',',;-'..:.:~' :.. ,~:,,::~!..'_;....:.'~....~.::;..:;..t;..;.,:;.:';;;;'~'..'.~:.~~ ~..~ ~~....:'~:: ~~'..t~..:~'~>..~.~ ~.~ "';".';..~:~":'4~:"~",~; h':; . .',' :.' :"/":'::'~:: :--:~~;.? :"; .,~'t.~~:~,:~ other areas of concern are strict enforcement of the provision for two signs at a business location. A recent video shown to the Commissio~ers revealed that practically every business along' FM 78 and Main St. had one:.or more necessary auxiliary signs at their location.