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BOA 06-28-2010 BOARD OF ADJUSTMENT MINUTES June 28, 2010 The S~hertz Board of Adjustment convened on June 28, 2010 at 6:00 p.m. at the Municipal Complex CouncIl Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. ' BOARD OF ADJUSTMENT Earl Hartzog, Chairman Frank McElroy Christopher Montgomery Norman Slocum Richard Dziewit, Alternate Rebekah Inmon, Alternate CITY STAFF Lesa Wood, Planner I Misty Nichols, Senior Planner Michelle Sanchez, Director of Development Services Don Taylor, City Manager Jeff Jewell, Director of Economic Development BOARD MEMBERS ABSENT Donald McQueen OTHERS PRESENT Mark Glauser, Big D Mark Davis, Nexis Aaron Parenica, Bury & Partners Glenn Mueller, SCUCISD Wayne Pruski, SCUCISD Russell Freeman, Resurrection Baptist Church Bill Hall, General Signs Mark Neville, Villa Park Architects James Morgan, National Applications Inc. 1. CALL TO ORDER/ROLL CALL Mr. Hartzog called the regular meeting to order at 6: 12 pm. 2. SEAT ALTERNATE MEMBER TO ACT IF REQUIRED. Mr. Hartzog seated Rebekah Inmon, Alternate acting as voting member. 3. HEARING OF RESIDENTS No citizen comments. 4. MINUTES: A. Regular Meeting - May 24,2010 Mr. McElroy moved to approve the minutes. Mr. Slocum seconded the motion. Vote was unanimous. Motion carried. 5. PUBLIC HEARINGS: A. BOA 2010 - 010 SYSCO - Central Texas Hold a public hearing, consider and act upon a variance to Article 9, Section 21.9.5 Exterior Material Requirements on Nonresidential, to allow metal and concrete exterior in lieu of masonry exterior material in a nonresidential development located at 1260 Schwab Road. Minutes Board of Adjustment June 28, 2010 Page 1 of6 B. BOA 2010 - 011 SYSCO - Central Texas Hold a public hearing, consider and act upon a variance to Article 9, Section 21.9.5 Fa9ade Articulations, to allow a reduction on the vertical and horizontal fa9ade articulations and to the minimum window and door requirements in a nonresidential development located at 1260 Schwab Road. C. BOA 2010 - 012 SYSCO - Central Texas Hold a public hearing, consider and act upon a variance to Article 10, Section 21.10.4 Schedule of Off-Street Parking requirements to allow a reduction from the required 903 to 535 parking spaces, located at 1260 Schwab Road. Public hearing opened at 6:14 pm for items 5A, 5B, and 5C. Ms. Sanchez gave a presentation and provided staff comments on the variances requested. (5A) She advised the Board of the following variance requests to the Article 9, Section 21.9.5: · C 1 - Windows and Doors, to allow the requirement for windows and doors at the front fa9ade to be calculated based on the fIrst floor elevation of 16 feet which provides for 16%. · C2 - Masonry Requirement, to omit the requirement of 100% masonry on the front fa9ade and 75% masonry on the sides and rear; and · C3 - Masonry Material, to allow the use of concrete tilt wall as a masonry material. (5B) The applicant is requesting a variance to Article 9, Section 21.9.5 · D1 - Horizontal articulations - to allow the 6 major articulations presented satisfy the requirement · D2 - Vertical articulations - to allow the existing articulations presented satisfy the requirement · D3 - Fa9ade articulations and the screening of roof top air conditioning units and all mechanical equipment. She commented that the applicant confIrmed that the roof top A/C units would be screened from public view and that this variance was no longer necessary. (5C) The applicant is requesting a variance to allow a reduction in the required parking by 368 spaces and calculate parking as described in the following table proposing the reduction in the warehouse parking requirements. Mr. Hartzog recognized the following to speak: · Don Taylor, City Manager, commented that staff has reviewed the information and does not believe that these requests compromise the integrity of the area. · Mark Davis and Mark Glauser gave a short presentation on the air conditioning unit screening and the textured fInished to be applied to the building. There being no one else to speak the public hearing closed at 6:38 pm. Discussion followed between the Board, staff and the applicant on the building fInish and the consideration of the variance requests. Mr. McElroy moved to approve BOA 2010-010 - Item 5A subsection CI Windows and Doors to allow calculation based on the fIrst floor elevation. Mr. Slocum seconded the motion. Vote unanimous. Motion carried. Mr. McElroy moved to approve BOA 2010-010 - Item 5A subsection C2 - to omit masonry requirements at 100% on front fa9ade and 75% masonry on sides and rear. Mr. Montgomery seconded the motion. Vote unanimous. Motion carried. Mr. McElroy moved to approve to approve BOA 2010-010 - Item 5A subsection C3 to allow concrete tilt wall as masonry material. Mr. Montgomery seconded the motion. Vote unanimous. Motion carried. Mr. McElroy moved to table BOA 2010-011 - Item 5B subsection D3 to allow the applicant to withdraw the request because screening of the rooftop units will be screened. Mr. Slocum seconded the motion. Vote unanimous. Motion carried. Minutes Board of Adjustment June 28, 2010 Page 2 of6 Mr. McElroy moved to approve BOA 2010-011 - Item 5B subsection D1 Horizontal articulation to allow a reduction in the articulations. Mr. Montgomery seconded the motion. Vote unanimous. Motion carried. Mr. McElroy moved to approve BOA 20 I 0-0 II - Item 5B subsection D2 Vertical articulation to allow a reduction in the articulations. Mr. Slocum seconded the motion. Vote unanimous. Motion carried. Mr. McElroy moved to approve BOA 2010-012 - Item 5C to allow a reduction in the required parking by 368 spaces. Ms. Inmon seconded the motion. Vote unanimous. Motion carried. D. BOA 2010 - 013 590 Savannah Drive Hold a public hearing, consider and act upon a variance to the UnifIed Development Code (UDC) to allow a free standing sign with electronic message center to be located approximately one hundred ten (110) feet from residentially zoned property when Section 21.11.13 (H) requires a minimum distance of one hundred fIfty (150) feet for property at 590 Savannah Drive also known as Norma A. Paschal Elementary. E. BOA 2010 - 014 590 Savannah Drive' Hold a public hearing, consider and act upon a variance to the UnifIed Development Code (UDC) to allow a free standing sign with electronic message center to exceed the maximum number of electronic signs by one (1) when Article 11, Section 21.11.13 (D) limits electronic signs to one (1) per platted lot at 590 Savannah Drive also known as Norma A. Paschal Elementary. Public hearing opened for items 5D and 5E at 6:49 pm. Ms. Sanchez gave a short presentation on the encroachment of the free standing electronic message center into the minimum distance that is required by the UDC to a residentially zoned property and clarifIed that the second portion of this request is to allow a second free standing sign, being the existing monument at the corner ofthe property, in addition to this request for an additional free standing sign which is proposed as an LED. She stated that the UDC specifIes the use of an electronic sign shall be in lieu of any other free standing sign. Because the site currently has an existing monument sign that this second variance is necessary because the district wishes to keep that sign as well. Fifty-seven (57) public hearing notices were mailed with the following responses: BOA 2010-013 - 5 - favor, 0 - neutral, 1 - opposed and 2 - returned to sender. BOA 2010-014 - 4 - favor, 0 - neutral, 2 - opposed and 2 - returned to sender. Ms. Sanchez offered staff recommendation. Mr. Hartzog recognized the following to speak: · Glenn Mueller stated he was available for question. There being no one else to speak the public hearing closed at 7:00 pm. Discussion followed between the Board, staff and the applicant on the proposed sign location, safety and trees related to the sign. Mr. Slocum moved to approve BOA 2010-013. Mr. Montgomery seconded the motion. Vote: 4/1. Motion carried. Mr. McElroy moved to approve BOA 2010-014 with the clarifIcation omitting electronic signs and replacing with monument signs or non electric sign; this will allow the existing electronic wall sign and monument sign to remain as they exist and permit an additional free standing electronic sign to be placed on the property. Ms. Inmon seconded the motion. Vote: 4/1. Motion carried. Minutes Board of Adjustment June 28, 2010 Page 3 of6 F. BOA 2010 - 009 1002 Live Oak Hold a public hearing, consider and act upon a variance to the UnifIed Development Code (UDC) to allow a electronic message center on an existing monument sign to be located approximately one hundred one (101) feet from residentially zoned property when Section 21.11.13 (H) requires a minimum distance of one hundred fIfty (150) feet for property at 1002 E. Live Oak Road also known as Resurrection Baptist Church. Public hearing opened at 7:14 pm. Ms. Sanchez gave a short presentation on the encroachment of the free standing monument sign with electronic message center into the minimum distance that is required by the UDC to a residentially zoned property. She stated the electronic message center would be placed in the existing monument sign cabinet. Ms. Sanchez advised the Board that the applicant submitted for a building permit and was denied and advised of the variance option. Public hearing notices were published and mail with the following responses: one (1) in favor, zero (0) neutral and three (3) opposed. Ms. Sanchez offered staffs recommendation of approval. Mr. Hartzog recognized the following to speak: · Mr. Hall, General Signs, commented on the proposed electronic message center. There being no one else to speak the public hearing closed at 7:20 pm. Discussion followed between the Board, staff and the applicant on the proposed sign with Board comments including hours of operation of the sign. Comments from residents opposing the request stated concern with the illumination of light emitting from the sign during late hours. Mr. McElroy moved to table the request to allow the applicant to provide more information. There was no second. Motion Failed. Mr. Slocum moved to approve the request with the condition that the electronic message center will be turned off daily starting at 10:00 pm and remain off until 7:00 am. Mr. Montgomery seconded the motion. Vote: unanimous. Motion carried. G. BOA 2010 - 007 17324 Bell North Drive Hold a public hearing, consider and act upon a variance to the UnifIed Development Code (UDC), Article 9, Section 21.9.7 Landscaping requirements to require no additional landscaping for a secondary building at 17324 Bell North Drive. H. BOA 2010 - 008 17324 Bell North Drive Hold a public hearing, consider and act upon a variance to the UnifIed Development Code (UDC), Article 9, Section 21.9.5 Exterior Material Requirements on Nonresidential development, to allow metal exterior in lieu of the required masonry exterior material for a nonresidential development at 17324 Bell North Drive. Public hearing opened for items 5G and 5H at 7:22 pm. Ms. Sanchez gave a presentation on the variance requests. She commented that the applicant is requesting to provide no additional landscaping for the proposed new second building. Also, they are proposing a metal exterior for the secondary building in lieu of the masonry exterior required by the UDC. She commented that the UDC requires 100% masonry on the front fa9ade and 75% minimum masonry on all other facades. She advised the commission that the existing building on the site was constructed with a percentage of masonry. The applicant has not made any request for variance to either the articulations, window and door requirements. Public hearing notices were published and mailed with the following responses: zero (0) in favor, two (2) neutral and zero (0) opposed. Ms. Sanchez offered staffs recommendation of disapproval on both requests. Mr. Hartzog recognized the following to speak: Minutes Board of Adjustment June 28, 2010 Page 4 of6 · Mr. Neville, Villa Park Architects, commented on the request and acknowledged Ms. Sanchez comments on the windows, doors and articulation. · Mr. Morgan, National Applications, Inc., commented on the request. There being no one else to speak the public hearing closed at 7:47 pm. Discussion followed between the Board, staff and the applicant on the current site related to the trees, impervious coverage and the cost of compliance. After a short discussion, Mr. Slocum moved to disapprove the agenda item 5G to omit landscape requirements. There being no second. Motion failed Mr. Hartzog moved to approve the agenda item 5G. Mr. Montgomery seconded the motion. The motion failed by a 3/2 vote. According to Local Government Code 211.009 a concurring vote of 75 percent of the members of the board is necessary to decide in favor of an applicant. Mr. Slocum moved to disapprove the agenda item 5H to allow metal exterior in lieu of the required masonry material. There being no second. Motion failed Mr. Hartzog moved to approve the agenda item 5H. Mr. Montgomery seconded the motion. Vote was 4/1. Motion carried. 6. ITEMS FOR INDIVIDUAL CONSIDERATION: A. Consider and act on the Board of Adjustment By-Laws. Mr. Hartzog suggested one change in the OffIcer section: · Remove the following: "With the consent of the Mayor, the member of the board with the longest tenure shall assume the interim position of Chair in exigent situations such as the absence of both the Chair and Vice-Chair until the situation is resolved by the City Council." · Replace with the following: The member of the board with the longest tenure shall assume the interim position of Chair in exigent situations such as the absence of both the Chair and Vice-Chair. After the discussion, Ms. Inmon moved to forward a recommendation of approval to City Council with the changes that Mr. Hartzog suggested in the OffIcer section of the document. Mr. Montgomery seconded the motion. Vote unanimous. Motion carried. 7. REQUESTS AND ANNOUNCEMENT: A. Requests by Members to place items on a future Board of Adjustment No requests. B. Announcements by Members and Council. · City and community events attended and to be attended · Continuing educations events attended and to be attended Mr. Hartzog announced the following: · The July 26, 2010 BOA meeting is cancelled. · There will be no City Council Meeting June 29, 2010. · 4th of July will be July 2nd thru 4th with be parade being held Saturday, July 3,2010 at 9:30 am. Minutes Board of Adjustment June 28, 2010 Page 5 of6 c. Announcements by City Staff . City and community events attended and to be attended Mr. Taylor commented that the Mayor, City Council and Staff appreciated the time and effort the Board places on the Board duties. He thanked the Board and reiterated that their service and duties are critical to the operation of the City. 8. ADJOURNMENT The meeting adjourned at 8:22 P.M. ~ ~ LUc=l Recording Secretary, City of Schertz Minutes Board of Adjustment June 28, 2010 Page 6 of6