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BOA 11-25-2013III17_:� 1 I ti ► �i e November 25, 2013 The Schertz Board of Adjustment convened on November 25, 2013 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Frank McElroy, Chairman Richard Dziewit, Vice Chairman Earl Hartzog David Reynolds Reginna Agee BOARD MEMBERS ABSENT Mark Tew, Alternate I' 1 CITY STAFF Brian James, Executive Director Development Michelle Sanchez, Director Development Services Bryce Cox, Planner I Patti White, Executive Asst. of Development OTHERS PRESENT Pete Sitterle, Comet Signs Michele Haussmann, Landuse Solutions Terry Palmer, Beaty Palmer Architects Martin McFarland, Weeks Robinson Properties Mr. McElroy called the regular meeting to order at 6:00 P.M. and recognized members present. No one was seated. Mr. McElroy recognized Ms. Agee who was named as a voting member by City Council since the last Board of Adjustment meeting. 3. HEARING OF RESIDENTS No one spoke. 4. Minutes for September 23, 2013 meeting. Mr. Dziewit moved to approve the minutes as stated. Mr. Hartzog seconded the motion. Vote was 5 -0. Motion carried. ' I K' Mr. McElroy pulled item A - BOA 2013 -009 to be presented later, because the Applicants were not present at that time. B. BOA 2013 -010 - H.E.B. — Wall Signs Hold a public hearing, consider and act upon a request for a variance to Article 11, Section 21.11.9, Wall Signs, (a) to allow a sign variance to exceed the allowed number of primary wall signs of one (1) sign per building, in order to permit two (2) primary wall signs; (b) to allow a ninety four (94) square foot variance to exceed the two hundred and fifty (250) square foot maximum sign area for a primary wall sign in an area with limited access in order to permit two (2) three hundred and forty four (344) square foot primary wall signs; and (c) to allow a variance to exceed the one (1) sign per wall with a maximum of three (3) wall signs allowed, in order to permit nine (9) signs on the primary Minutes Board of Adjustment November 25, 2013 Page 1 of 7 wall with a maximum of eleven (11) wall signs at 17460 IH -35 North Mr. Cox presented this item by stating that HEB Grocery Co. is requesting three (3) variances to Article 11, Section 21.11.9, Wall Signs, of the current Unified Development Code: 1. A variance to allow an increase in the number of primary wall signs to exceed the allowed one (1) sign per building, in order to permit the addition of a second primary wall sign. 2. A variance to allow a ninety four (94) square foot increase in the maximum sign area for a primary wall sign in an area with limited access of two hundred and fifty (250) square feet, in order to permit the construction of two (2), three hundred and forty four (344) square foot primary wall signs. 3. A variance to allow eight (8) additional wall signs to exceed the one (1) sign per wall with a maximum of three (3) wall signs allowed, in order to permit nine (9) signs per wall with a maximum of eleven (11) wall signs. The public hearing notice was published in "The Daily Commercial Recorder" on November 7, 2013 and in the "Herald" on November 14, 2013. There were fifty two (52) notices mailed to surrounding property owners on November 13, 2013. At the time of this staff report, one (1) response was received in favor of the request; no responses were received opposed to the request; and no responses were received neutral to the request. The property owner is proposing to expand the existing grocery store at 17460 IH -35 North by constructing an addition that is approximately 52,850 square feet, creating a 137,680 square foot building. With the expansion of the building the property owner is proposing new signage which consists of eleven (11) wall signs totaling approximately 1,304 square feet. In the proposed sign package, two signs exceed the maximum area for a wall sign. The sign package proposed contains the following signs: • Two "H.E.B. Plus" primary wall signs at 343.4 square feet each; proposed front fagade. • One "Pharmacy" secondary wall sign at 59.57 square feet; proposed front fagade. • One "Fresh Foods" secondary wall sign at 58.72 square feet; proposed front fagade. • Two "Cafe Mueller H.E.B." secondary wall signs at 50.83 square feet each; proposed front fagade. • Two "Texas Backyard" secondary wall signs at 41.97 square feet and 31.66 square feet; proposed front fagade. • One "IBC Bank" secondary wall sign at 45 square feet; proposed front fagade. • One "H.E.B. Plus" secondary wall sign at 182.84 square feet; proposed west fagade. • One "HEB drive -thru Pharmacy" secondary wall sign at 95.45 square feet; proposed west fagade. Currently the Unified Development Code allows for one primary wall sign, which can have an area no greater than 250 square feet, and two secondary wall signs which can be no larger than 75% of the primary wall sign. Additionally the code permits only one wall sign per wall. The first variance request if approved would allow for the addition of the second "H.E.B. Plus" primary wall sign. Each of the two proposed "H.E.B. Plus" primary wall signs are equal to 2.6% of the front fagade area. Minutes Board of Adjustment November 25, 2013 Page 2 of 7 The total area for the proposed front fapade signage is approximately 1,026 square feet, which is about 7.6% of the front fapade area. The total area for the proposed west fapade signage is approximately 279 square feet, which is about 6% of the west facing fapade area. The building currently has six (6) signs located on the front and west facade. Due to the size and scale of the building on the subject property, enforcing the current UDC requirements on a building this large would greatly reduce the aesthetics of the building. Smaller buildings are allowed signs that can be equal to 15% of the front fapade. Staff recommends approval of BOA 2013 -010. Mr. McElroy asked that both items B and C be presented and then there would be discussion on both items, but voted on separately. Mr. Cox continued onto Item C to present to the Board. C. BOA 2013 -011 - H.E.B. — Pole Signs Hold a public hearing, consider and act upon a request for a variance to Article 11, Section 21.11.10, Freestanding Ground Signs, (a) to allow an eight foot (8') variance to exceed the maximum height for a freestanding ground sign in an area with limited access on IH -35 North of fifty feet (50') in order to permit a fifty eight foot (58') tall freestanding ground sign; (b) to allow a three hundred and twenty one (321) square foot variance to exceed the maximum sign area for a freestanding ground sign in an area with limited access on IH -35 North of two hundred and fifty (250) square feet in order to permit a five hundred and seventy one (571) square foot freestanding ground sign; (c) to allow a twelve foot (12') variance to exceed the maximum height for a freestanding ground sign on FM 3009 of eighteen feet (18') in order to permit a thirty foot (30') tall freestanding ground sign; and (d) to allow a one hundred and seventy (170) square foot variance to exceed the maximum sign area for a freestanding ground sign on FM 3009 of ninety (90) square feet in order to permit a two hundred and sixty (260) square foot freestanding ground sign at 17460 IH -35 North. Mr. Cox presented this item by stating that HEB Grocery Co. is requesting four (4) variances to Article 11, Section 2 1.1 1.10, Freestanding Ground Signs, of the current Unified Development Code; 1. To allow an eight foot (8') variance to exceed the maximum height for a freestanding ground sign in an area with limited access on 1H -35 North of fifty feet (50') in order to permit a fifty eight foot (58') tall freestanding ground sign; 2. To allow a three hundred and twenty one (321) square foot variance to exceed the maximum sign area for a freestanding ground sign in an area with limited access on IH -35 North of two hundred and fifty (250) square feet in order to permit a five hundred and seventy one (571) square foot freestanding ground sign; To allow a twelve foot (12') variance to exceed the maximum height for a freestanding ground sign on FM 3009 of eighteen feet (18') in order to permit a thirty foot (30') tall freestanding ground sign; and 4. To allow a one hundred and seventy (170) square foot variance to exceed the maximum sign area for a freestanding ground sign on FM 3009 of ninety (90) square feet in order to permit a two hundred and sixty (260) square foot freestanding ground sign. Minutes Board of Adjustment November 25, 2013 Page 3 of 7 With the rebranding of the store to an "HEB Plus" the Applicant is requesting an increase of 14.61 square feet to the existing freestanding ground sign on FM 3009 and an increase of 40.43 square feet to the existing freestanding ground sign on IH -35 frontage. The existing signs are not in compliance with the current UDC and a variance will need to be granted in order to allow for the requested sign increases. The existing free standing ground sign on IH -35 frontage is fifty eight feet (58') tall and has a sign area of approximately five hundred and eighty two (582) square feet. The current UDC allows for a maximum height of fifty feet (50') and a maximum area of two hundred and fifty (250) square feet for freestanding ground signs in areas with limited access. The Applicants request involves removing a blank sign cabinet with an area of fifty two (52) square feet from the pole and enlarging the top HEB cabinet by 40.43 square feet to include the word "plus ". The granting of a variance will result in an approximate reduction of 11.5 square feet to the existing freestanding ground sign on IH -35 Frontage. The existing free standing ground sign on FM 3009 is thirty feet (30') tall and has a sign area of approximately two hundred and forty five (245) square feet. The current UDC allows for a maximum height of eighteen feet (18') and a maximum area of ninety (90) square feet for freestanding ground signs on FM 3009. The Applicant is requesting to add the word "plus" to the top HEB cabinet which will increase the sign's total area by 14.61 square feet. The granting of this variance will result in a 14.61 square foot addition to the freestanding ground sign on FM 3009. Section 21.11.9 of the current UDC is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City, and to support and further the objectives of the City's Comprehensive Land Plan. The variance does not violate the intent of the UDC. The signs are already in existence and there is a total net increase in sign area of approximately three (3) square feet. Staff recommends approval of BOA 2013 -011 Mr. Sitterle, with Comet Signs representing the Applicant, stated that the building is set back so far from IH -35 that HEB feels the larger lettering is important to be visible from IH -35 and they are trying to keep in the spirit of the code. Mr. McElroy opened the public hearing for both items at 6:17 P.M. There being no one to speak on both items, Mr. McElroy closed the public hearing at 6:17 P.M. B. BOA 2013 -010 - H.E.B. — Wall Signs Mr. McElroy asked about the time frame of this project. Mr. James stated that they are looking to start construction in the next few months. Mr. Hartzog asked about the east wall, which he thought was along FM 3009. Ms. Sanchez stated that according to the drawings it appears that the FM 3009 is showing as a partial west elevation. Mr. Sitterle stated that it might be labeled incorrectly and is along FM 3009. Mr. Hartzog stated that he has a problem with the extra signs and the height because he drove to the HEB Plus on Blanco Road and there is only one sign and he thinks that this is a little overboard and he can't vote for it. Mr. McElroy stated that he doesn't really like variances, but he sees sub - businesses going in this store, and if they were separate businesses we wouldn't be considering it. Mr. Dzewit stated that the general look is representing the individual units in addition to identifying the pharmacy so that wouldn't change, but it is a little hard to visual it. Minutes Board of Adjustment November 25, 2013 Page 4 of 7 Discussion continued between the Board, Staff and the Applicant. Mr. Dziewit moved to approve the item as presented. Mr. Reynolds seconded the motion. Vote was 4 -1 with Mr. Hartzog voting nay. Motion carried. The Board continued onto Item #C — BOA 2013 -011. C. BOA 2013 -011 - H.E.B. — Pole Signs Mr. Dziewit asked if approval of this item will increase the size. Mr. Cox stated that they are losing some square footage. Mr. Hartzog if we are doing back paperwork on this. Mr. Cox stated that there was never a variance request on the height exceeding the old standards and Staff determined that the whole sign needed to be variance. Ms. Sanchez stated that after research there were permits found, but no variance was issued to the overall height. Mr. Reynolds moved to approve the item. Mr. Dziewit seconded the motion. Vote was 5 -0. Motion carried. Mr. McElroy recognized that the Applicant for the next item had arrived A. BOA 2013 -009 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 fifteen percent (15 %) windows and doors of the front fagade on the ground level floor, in order to permit coverage of windows and doors distributed around the entire building fagade, equal to thirty percent (30 %) of the front fagade on the ground level floor at Lot 2, Block 1 of Enterprise Industrial Park Subdivision generally located at Lookout Road and Enterprise Parkway. Mr. McElroy opened up the Public Hearing at 6:40 P.M. and asked Mr. Cox to proceed with his presentation. Mr. Cox presented this item by stating 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 thirty percent (30 %) of the front fagade, distributed around the entire building fagade on the ground level floor. The property owner is proposing to construct an approximately 315,000 square foot office/ warehouse on the 15.3-1 acre tract of land located north of the intersection of Schertz Parkway and Lookout Road. 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 provide an aesthetically pleasing appearance. UDC, Section 21.9.5 (C) (1) requires that 15% 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 Applicant is requesting to install windows and doors, equal to thirty percent (30 %) of the front fagade, distributed on all 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 Minutes Board of Adjustment November 25, 2013 Page 5 of 7 impact of the functionality of the building. Glass located on ground level presents a security risk for warehouse type buildings. Additionally high windows that are too large cause uneven day lighting of the building. City staff met with the property owner, engineer, and architect to discuss the building layout and application of the UDC regulations. As a result of our discussion and review the building plans 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 front fagade only. Staff recommends approval of BOA 2013 -009. Ms. Haussmann representing the Applicant stated the criteria that Staff noted in the Staff Report which states: 1. 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 windows and doors in the amount of 30% of the front fagade, dispersed on all four sides of the building to provide an aesthetically pleasing appearance in keeping with the spirit and intent of the UDC. 2. There are no special conditions that exist that are known. Granting this variance does not negatively impact adjacent properties in fact the windows on all side 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. 4. 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 building's security and natural lighting. This impact would deprive the Applicant of rights commonly enjoyed by other office warehouse buildings located within the same zoning district. Mr. McFarland, authorized agent for the Applicant, stated that his company is a small investment firm out of Atlanta and they were attracted to the San Antonio area to build and picked Schertz to build a spec building to attract tenants to support oil and gas and other logistics. Mr. Palmer, architect for the project, stated that the building will have 315,000 square feet, and will consist of concrete and a tilt wall construction. Mr. McElroy closed the public hearing at 6:55 P.M. Mr. McElroy asked if the purpose of the 15% on the front fagade, is not a requirement on the sides or the back. Mr. James stated that Staff is looking at our requirements and when viewing a building from multiple directions and Mr. Cox will be taking the lead on looking at the buildings that we like and will help write an ordinance that is more workable for developers. Mr. Hartzog asked the Applicant if he has had other issues where there is this amount of glass in a warehouse and if this is a problem. Mr. Palmer stated that he has not had that experience where the amount of glass is Minutes Board of Adjustment November 25, 2013 Page 6 of 7 specified by ordinance. Mr. Hartzog asked if it will create a problem with storage. Mr. McFarland stated that this is indicative of what they build every place else and are seeing this request from other jurisdictions. Discussion continued between the Board, Staff and the Applicant.. Mr. Hartzog moved to approve the item. Mr. Reynolds seconded the motion. Vote was 5 -0. Motion carried. 6. REQUESTS AND ANNOUNCEMENTS A. Requests by Member to place items on a future Board of Adjustment Agenda. Mr. Hartzog stated that he would like a presentation or discussion on windows by Staff on the next agenda by explaining what and why we are looking for this requirement. Mr. McElroy stated that he would like to have information on the proper channels for these requirements. Mr. James stated that Staff would like to work with Planning and Zoning Commission, Economic Development Board and the Board of Adjustment on this subject and may do this in a joint meeting. Mr. Hartzog stated that he had talked to two Planning and Zoning Commissioners and they were discussing window issues and asked if the police department was requesting this type of requirement. Mr. James stated that Staff has heard issues with convenience stores such as late hours, security and visibility requirements, but has not heard of any other issues with different types of tenants. B. Announcements by Members • Mr. Hartzog stated that three Board members had attended the Steve Simonson Award dinner and found it interesting and a very nice presentation. • Mr. McElroy seconded that statement and stated that this dinner had a much better turnout than previous. C. Announcements by City Staff • Ms. Sanchez stated that Staff wished the Board a Happy Thanksgiving and appreciates you for your service. 7. ADJOURNMENT The meeting adjourned at 7:05 P.M. fA - - - /fit a4l Charn, Bo d of Adjustment Recording Secretary, City of Schertz Minutes Board of Adjustment November 25, 2013 Page 7 of 7