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03-31-14 BOA Agenda with Associated DocumentsOPPORTUNITY SCHERTZ BOARD OF ADJtTS'1'MENT HAI, BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCIIERTZ PARKWAY BUILDING #4 SCHERTZ, 'TEXAS 7815/1- City of Schettz 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 AGENDA Monday, March 31, 2014 at 6,00 ,ni. '>I . CALL TO ORDER l ROLL CALL 1 SEAT ALTERNATE TO ACT IF REQUIRE, D 3. Minutes for February 24, 2014 Regular meeting; and Minutes for The March 13, 2013 Special Agenda —Joint Meeting. FJe PUBLIC HEARINQ The Board o1: IdAtstment trill hold a puhlic hearing related to varionce reyaests vitlon this agenda. The public hearing ud!l be opened io receive a report from sm - the opplieartt, and the ad oiling proper(r o}rrters oJceied hr the applicants request. and amp other interested persons. Upon completion, the public hearing will be closed. The Board dill discoss and consider the aplrlication, and nrm• request addition/ irtforntotion front stall or the applicant, ifregvht ed Alfierdeliberahon, the Board frill act on the applicant's reyuesr. A e BOA 201 4 -004 [told a public hearing, consider and act upon a request by NWC 3009/Four Oaks, Ltd, for a variance to Article 11; Signs and Advertising Devices, Section 2 t. t 1.9 Wall Signs to exceed the maximum number of wall signs pennitted at 6038 F.M. 3009. }I, BOA 2014 -005 Hold a public hearing, consider and act upon a iegoest for a request by NWC 3009/Four Oaks, Ltd. for a variance to Article 11, Signs and Advertising Devices, Section 21.11.5 (F) to allow the height of a flag pole to exceed the maximum height at 6038 F.M. 3009. 5. ANNOUNCEMENTS. A, Announcements by Members City and courunuuity events attended and to be attended w Continuing education events attended and to be attended B�,ard n(Adhistm,nt March 31, 2014 Psgr 142 B. Announcements by City Staff • City and community events attended and to be attended • Continuing education events attended and to be attended CERTIFICATION 1, 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 28th day of March, 2014 at 3:00 p.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. Lesa 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 , 2014. title: This facility is accessible in accordance with the Anterieaes with Disabilities Act. Handicapped parking spacer are available liven require special assistance or have a request jor sign wleiprelalnve set -vices or other services please call 619 -1030 at least 24 hours in advance of 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 o March 31, 2014 : 1 .x.71 I .�► I s p, February 24, 1 The Schertz Board of Adjustment convened on February 24, 2014 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Frank McElroy, Chairman Richard Dziewit, Vice Chairman David Reynolds Earl Hartzog Reginna Agee Mark Tew, Alternate GI•;1 , •.1 CITY STAFF Michelle Sanchez, Director Development Services Lesa Wood, Senior Planner Bryce Cox, Planner I Patti White, Executive Asst. of Development OTHERS PRESENT Brian Hefley, MW Builders, Inc. Jill Marcotte, Scannell Properties Amanda Bahrij, P.E., Kimley -Horn and Associates, Inc. James Griffin, Wal -Mart Mr. McElroy called the regular meeting to order at 6:00 P.M. and recognized members present. None was required. 3. HEARING OF RESIDENTS No one spoke. Mr. Dziewit moved to approve the minutes. Ms. Agee seconded the motion. Vote was 5 -0. Motion carried. : Mr. McElroy pulled Item 5A out of older and moved to Items 5B and 5C. A. BOA 2014 -001 Hold a public hearing, consider and act upon a request for a variance to Article 9, Section 21.9.5(D)(1), Exterior Construction and Design Standards — Horizontal Articulation to allow a variance from the required Horizontal Articulation on the South Elevation building wall at Doerr Lane Subdivision, generally located at 9929 & 9943 Doerr Lane. Mr. Cox presented this item by stating that the property owner is requesting a variance to the Unified Development Code (UDC), Section 21.9.5(D)(1), Exterior Construction and Design Standards with Minutes Board of Adjustment February 24, 2014 Page 1 of 4 regard to horizontal facade articulations. The requested variance, if granted, will allow an articulated plane on the south elevation of fifty six (56) feet which is equal to 7.4% of the walls length. Additionally the remaining 17.6 %, or one hundred and thirty four (134) feet, of the required articulation on the south elevation will be redistributed and added to the remaining three facades of the building. The public hearing notice was published in "The Daily Commercial Recorder" on February 7, 2014 and in the "Herald" on February 12, 2014. There were eleven (i i) notices mailed to surrounding property owners on February 11, 2014. At the time of this staff report no responses have been received. The property owner is proposing to construct an approximately 202,000 square foot distribution center on the 26+ acre tract of land known as the Doerr Lane Subdivision, located southeast of the intersection of Doerr Lane and Bell North Drive. The distribution center utilizes a complex conveyor system that requires a straight line on the dock side, south elevation, of the building. The offsetting the dock doors causes a loss of productivity and efficiency on daily operations. Additionally, the applicant is proposing to add a total of one hundred and thirty three (133) feet of horizontal articulation, which is equal to the requested reduction on the south elevation, spread out among the remaining facades which provides a total of five hundred and twenty two (522) feet of articulation equal to twenty five percent (25 %) of the perimeter fagade of the building. As a result of our discussion and review of the building plans it was determined that reducing the length of horizontal articulation along the south fagade does not violate the spirit and intent of the UDC because the fagade will still provide appropriate interruptions and relief on the south elevation improving the aesthetics of the building and property. If the variance is granted the result would be the construction of an approximately 202,000 square foot building with fifty six feet (56 ft.) of horizontal articulation on the south facing building fagade and five hundred and twenty two (522) total linear feet of horizontal articulation around the entire building fayade. A typo in the public notice was discovered, the property was listed as "generally located at 9299 & 9943 Doerr Lane ". The correct general location should be "9929 & 9943 Doerr Lane'. This typo does not affect any of the mandatory noticing requirements that are stated in UDC Section 21.4.3 and Local Government Code Section 212. Staff recommends approval of BOA 2014 -001 Ms. Marcotte, representing the Applicant, gave a presentation and showed a couple renderings on the horizontal articulations, and stated that they are meeting the glazing and vertical requirements of the code and the end users conveyor system, which is a national organization, has specific requirements. Mr. McElroy opened the public hearing at 6:17 P.M. ® Robert Brockman, 1000 Ethel, spoke on the letters sent out. Mr. McElroy stated that there were no responses. Mr. McElroy closed the public hearing at 6:18 P.M Minutes Board of Adjustment February 24. 2014 Page 2 of 4 Mr. Hartzog asked if this is not granted, how would the building look. Mr. Cox stated that the general concept is to prevent square shoe box buildings and Staff is going to host a focus meeting to address our site design section in the UDC, because Staff keeps receiving these types of variances. Mr. Cox also stated that on the south elevation the main doors are part of the articulation. Ms. Agee stated that if the Board does not approve this item, there would be offsets on the back wall, but if the Board does approve this item, it will be one long wall to accommodate the operations better. Mr. Cox stated that it will still have offsets. Discussion continued between Staff, the Applicant and the Board. Mr. Hartzog moved to approve the item because no one was opposed. Mr. Dziewit seconded the motion. Vote was 5 -0. Motion carried. 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. C I I 1 1' Hold a public hearing, consider and act upon a request for a variance to Article 9, Section 21.9.5(C), Multifamily and Nonresidential Exterior Material Requirements, to allow a variance from the required thirty percent (30 %) windows and doors on the front facade on the ground level floor, in order to permit a twenty six percent (26 %,) coverage of windows and doors on the entire facade on the ground level floor at 711 FM 3009. Mr. McElroy asked if Items 5B and 5C had anything different from the last time that the Board heard these 2 items and if it was the same. Mr. Cox replied that there were no changes, the same request and Staff recommends approval. Mr. Griffin, the Applicant, stated there was no new information and 180 days went quicker than they had anticipated. Mr. McElroy opened the public hearing for both 5B and 5C at 6:04 P.M. ® Robert Brockman, 1000 Elbe], spoke on the majority vote and asked if our UDC is too restrictive. Ms. Wood stated that 4 of out of the 5 board members have to approve for it to pass, and the City is in the process of suggesting changes on the Architectural Elevations in the UDC. Mr. McElroy closed the public hearing for both 5B and 5C at 6:07 P.M. Mr. Hartzog moved to approve both items with a clarification that the Board had approved these items before and that they expire at 180 days. Mr. Reynolds seconded the motion. Vote was 5 -0. Motion carried. The Board continued onto Item 5A — BOA 2014 -001. I 1 I Minutes Board of Adjustment February 24, 2014 Page 3 of 4 A. Requests by Member to place items on future Board of Adjustment Agenda. a None B. Announcements by Members ® Mr. Dziewit stated that the Wilenchik Walk for Life is this Saturday, March 1, 2014 at 8:00 A.M. and hopes that everyone will come out for this event. C. Announcements by City Staff ® Mr. Cox will send information to the Board for the focus group being planned for Design Standards with groups planned from the Economic Development Corporation, the Planning and Zoning Commission, Board of Adjustment, architects, developers, members of American Institute of Architects and the Urban Land Institute. 7. ADJOURNMENT The meeting adjourned at 6:26 P.M. Chairman, Board of Adjustment Recording Secretary, City of Schertz Minutes Board of Adjwtment February 24. 2014 Page 4 of 4 BOARD OF ADJ- USTMENT MIN UTES Marela 13, 2014 The Schertz Board ol' Adjustment convened on March 13. 2011 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTME NT Richard Dziewit, Vice Chairman David Reynolds Earl Hartzog BOARD MEMBERS SENT' Mark Tew, Alternate Frank McElroy, Chairman Reginna Agee CITY STAFF Michelle Sanchez, Director Development Services Lesa Wood, Senior Planner Bryce Cox, Planner 1 Patti White, Executive Asst. of Development OTHERS PRE SENT Billy Classen — KFW Engineers Derek Keck— Fisher Heck Architects Mark Neville — Villa Park Architecture Tim Brown — Economic Development Corporation Toni Howells — TH Development LLC William Runrfelt — Planning and Zoning, Robert Broclunan — Citizen Tania Gunn — Beaty Palmer Architects Kyle Lents — Kimley Horn & Associates Discussion regarding revisions to the Scheriz Unified Development Code (UDC), Section 211 .9.5 Exterior Construction and Design Standards. ® huroduction o Welcome o Introductions o Mission Statement o The objective of this focus group is to collect input from multiple sources and develop a set of standards that meets the City's vision, provides the best balance between quality and econonny, and does not limit architectural creativity or innovation. o Tonight's O(?jective Discuss the current ordinance Identify problems and concerns with the ordinance Generate a set of goals for the revised design standards o Collecting Input ® 5 meetings 2 architect meetings Comments and feedback are appreciated at: plauning@scheilz.com o history of Architectural Standards ® No standards prior to 2009 Ordinance has not always been enforced and has been reinterpreted over the years. PDD's typically have specific architectural standards that are different than the UDC. Minutes Bond of Adjustment March 13. 20 Id Page I of 3 o Review of the Current ordinance ® 21.9.5.A- Intent ® It is the intent of these design criteria to provide guidelines for new construction in order to provide aesthetically pleasing appearance as well as ensure sound construction quality. 21.9.5.13- Applicability ® The provisions of this section are deemed to be minimum standards and shall be applicable to all new buildings within the corporate limits of the City ® 21.9.5.0 — Multifamily and Nonresidential Exterior Material Requirements ® 21.9.5.C.1 Glazing o Requires windows only be placed on the front of the building o Does not define what the front fagade is? The entrance or the side facing the street • Creates problems for a variety of users. • Comments: Is it a safety issue with too many windows? What are the fees for a variance and is it a hardship? Suggestion to add categories for industrial, retail, etc. Much easier to have types /categories of buildings and define the front fagade. How do you define aesthetically pleasing — it's a matter of opinion. Code has to be specific using types of buildings and zoning. Give flexibility in percentages. 21.9.5.C.2 Masonry Requirements o Does not allow for a mix of materials on the front of the building. ® 21.9.5.C.3 Masonry Definition o Cemetatious fiberboard does not look like masonry 21.9.5.D Multifamily and Nonresidential Facade Articulation ® 21.9.5.D.I Horizontal articulation • Confusing, each planning staff member reads this and interprets it a different way. • Staff is not sure what the percentages are based on • Does not accommodate large industrial buildings • Does not accommodate multistory buildings • Does not provide for clear definition on how to measure • Requires an interpretation o Comments: Not written for all buildings and uses. Need to look at types of buildings and texture changes. • 21.9.5.D.2 Vertical • Does not provide for clear definition on how to measure • Arbitrary percentages • 21.9.5.D.3 Facade Articulation • 21.9.5.E Residential Exterior Material Requirements- Will not be discussed in this focus group The code is generally written for small to medium sized retail buildings. It Minutes Board of Adjustment March 13, 2014 Page 2 of 3 does not appropriately address industrial and large commercial buildings. Where do we go from here o Focus Group Goals • The Ordinance should be easy to understand I minimum interpretation required • Flexible to accommodate a wide variety of building types and uses. • Encourages architectural creativity and innovation. • Aesthetically pleasing to the community. • Provide a higher standard for commercial exterior design. The meeting adjourned at 7:55 P.M. Chairman, Board of Adjustment Recording Secretary, City of Schertz Minutes Board of Adjustment March 13, 2014 Page 3 of 3 4 1 TO: Board of Adjustment THROUGH: Michelle Sanchez, Director of Development Services [i 21141 :AIL'SI ➢C�IIIL rIIXI:1 RiIIII!] SUBJECT: Hold a public hearing, consider and act upon a request by NWC 3009 /Four Oaks, Ltd, for a variance to Article 11, Signs and Advertising Devices, Section 21.11.9 Wall Signs to exceed the maximum number of wall signs permitted at 6038 F.M. 3009. GENERAL INFORMATION: ' our Oaks _ Owner /Aoolicant: NWC 3009, Ltd', Michael Schoenbrun Engineer: Chandler Signs, Abel Obregon REQUEST: The property owner is requesting a variance to Article 11, Signs and Advertising Devices to allow a variance to Article 11, Signs and Advertising Devices, Section 21.11.9 Wall Signs to exceed the maximum number of wall signs permitted at 6038 F.M. 3009 in order to permit a total of five (5) wall signs. PUBLIC NOTICE: The public hearing notice was published in "The Daily Commercial Recorder" on March 10, 2014 and in the "Herald' on March 12, 2014. There were seven (7) notices mailed to surrounding property owners on March 7, 2014. At the time of this staff report two (2) responses have been received opposed to the proposed request. Public Hearing notice comments are as follows: Response from 6050 FM 3009 — Opposed — "I am opposed unless the same variance be granted to 6050 FM 3009." Response from 6026 FM 3009 — Opposed - No comment. ITEM SUMMARY: The subject property is an approximately 0.929 acre tract of land and is currently under construction with an approximately 4,500 square foot Chick -fil -a restaurant. The applicant is proposing to install five (5) wall signs on the exterior of the building. The proposed sign package exceeds the maximum number of signs by two (2). In accordance with the Unified Development Code, Article 11, Section 21.11.9 (C) the maximum number of signs permitted for a single occupancy building shall be limited to one (1) per wall with a maximum of three (3) signs. Each sign in excess of the primary wall sign shall be a maximum seventy -five percent (75 %) of the area of the primary wall sign. The applicant worked with the Director of Development Services to determine compliance on all signs in the sign package. As a result of their discussions it was determined that the following signs did not meet the provisions of the UDC; • One (1) additional secondary wall sign "Chick- fil -A" located on the rear of the building; and • One (1) additional secondary wall sign "The Original Chicken Sandwich" is proposed as a band wrapped elevation sign to be located on the front elevation of the building. The following three (3) wall signs have been proposed in accordance with the UDC and permits have been issued for the following three (3) signs. • A primary wall sign "Chick- fil -A" located on the front elevation of the building; and • Two (2) secondary wall signs "Chick- fil -A" located on the main and drive thru elevation of the building. SUBJECT PROPERTY GENERAL LOCATION, ZONING AND LAND USE: The property is located approximately 250 foot north of the FM 3009 and Four Oaks Lane intersection. Existing Zoning Existing Use General Business -2 (GB -2) Proposed Restaurant Existing Zoning North General Business -2 (GB -2) South General Business -2 (GB -2) East General Business -2 (GB -2) West Right -of -way General Business -2 GB -2 Existing Use Bank Bank Retail Sales and Service__ FM 3009 Industrial Building 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: The requested variance does not violate the intent of this UDC or its amendments; UDC Article 11 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 meet the intent of the UDC because the subject signs exceed the maximum number of wall signs allowed by the UDC. 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 subject property is not influenced by conditions that are unique to the land or that prevents the business from being properly advertised. ,M 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 property has no special circumstances or unique conditions that would result in the need of the variance requested. The variance request conflicts with the provisions of the UDC. The applicant has been authorized three (3) wall signs in accordance with the UDC which is the right of all commercial property owners in the City of Schertz. STAFF ANALYSIS STAFF RECOMMENDATION: Staff recommends denial of BOA 2014.005. The request for a variance does not comply with all the criteria for granting a variance as presented above. Approve as submitted Approve with conditions* X 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 Correspondence Exhibits ""l) ""',1V (cl[-I[]IRffZ Last U ppele MaccT &241d e. m�oisavon 3pp9 p3p9`b �p9\ l 3pp9 bgp6�0 qp\ r� 3pp9 .sa, pp9ph gpgl\ pp9 pp3`g49a 61 pp2�� pp9 oa - 1 6p5lgF 9 +�1\ r C3 ment E 200' Buffer C& rarcc N ,• fl00 600 Feet 40D _ l �� e� � U � l- esa\Nooda er Senor , ntavor oA �i PIP- p \y poem pe a\ t° neu ko o�osed o � 0 the revues „r S�� an tare re Scree � p�9100 Date SGr,efTt, �- 0�� Sc6e W"Na9 planner \n ti \ arn, in {ago Comments: Stteet Address: !�-� ll` li( �there�ueestf °r��A20 4 -f) neut�o the reg� 5 �% „r rl jc. phone A�0.. �- �� ✓�'" Date _(exaSISASA Sche�z, 1Ap� SdiertzParkMa7 210 619 i000 Ax1. CASE NUMBER Board of Adjustment may grant variances or modifications of height, yard, area, coverage, parking regulations, accessory building and non- conforining 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 fifth sign on the rear elevation. Currently the sign code allows for signs on three elevations only for a total of 3 wall signs. 1. Does the requested variance violate the intent of the Unified Development Code or deprive the applicant of right commonly enjoyed by other properties in the same zoning district that comply with the same provisions? ❑ Yes N❑ No Explain:there are a number of restaurants in the area that currently have signs on all four elevations including the rear elevations. See the photographs on the following pages for reference. In one case there are a total of 7 wall signs. 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? ❑ Yes Y ❑ No Explain:—The parcel is deeper then it is w der, requiring the longer version of the restaurant, in order to comply with the various setbacks along HJ 3009 and the number of parking spaces required for this parcel as stated before . In addition the building is surrounded by commercial properties with drivable access to and from this development. This is a common factor apphcable to the other establishments shown as referenced on the photographs submitted. 3. Is the hardship the result of the applicant's own actions or intended for financial interest? ❑ Yes XX❑ No Explain: _The hardship was created by the city sign codes which restricts the number of signs required in thus case, to properly and adequately identify this establishment. As shown on the photographs we have submitted there are other establishments that are not hindered by this restriction. It is safe to suggest that Chicle Fil A would not have the benefit of adequate signage if the variance is not granted. d. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity? ❑ Yes Y❑ No Explain: The effort here is to identify the restaurant from the various vantage points to allow for quick identification of the restaurant allowing for safe entry to the location. The overall appearance and maintenance of the site will be an asset to the area and the community. We have attached some photos of several recent Chick Fil A locations for review by the staff and board in an effort to show the sign program as it applies to Chick Fil A. 16- Vaiwice Chcckli,t uis"e m. "'0 Page 2 of 3 CASE NUn4BER Preparer's Signature: v Printed Name: Date prepared: 2, /, 2 Z1 �o I I 16- Variance Checklist u�.vm m -�uov Page 3 of 3 42'_8" FRONT ELEVATION SCALE 3/32 ^ =1' -0^ 42' -8" REAR ELEVATION SCALE. 3/32 " =1' -0• 118' U KAVft Y KU ELEVATION SCALE.3132 "=1'-0" f1NAL ELECTRICAL CONNECTION BY W f III virz�.,. J 'PLAY AREA shwswos —,flwM ao.ao s�. I,\ O II e I+ a-e Vz'� yam eo syz PARTIAL BLDG. PLAN THIS MEASUREMENT IS OF THE SIGN FACE WHEN FLATTENED OUT E ORI .AL.; ILKN'.. DAY �T E I 1�L C iIC E A I II_f NIGHT 1 CFA-BAND-WRAPPED ELEVATION SIGN SCALE: 114' =1' -0° ONE IT ) REQUIRED - MANUFACTURE AND INSTALL 55 20 SC, F SPECIFICATIONS. ALUMINUM SURFACES BACKGROUND PANEL MATTHEWS BRUSHED THE BACKGROUND PANEL IS ALUMINUM ALUMINUM PAINT SHAPED TO MATCH THE CURVE OF THE BUILDING. GRAPHICSII-_ETTERS 3/4 'THICK DIMENSIONAL LETTERS LEERS MOUNTED ON BACKGROUND PANEL #7328 WHITE ACRYLIC WITH 1/2' STAND -OFFS WITH FIRST SU RFACE APPLIED BLACK VINYL v...� 12- 051_2 12 -0512 RIl tt She B of 34 fI3195 `I SCHEPRCiY ia15a ma�KPISTEN^HAMCLTON w TO srzvl' 3 "x.063" THK. ALUM. FABRICATED RETAINER/COVE. CAD CUT TO FOLLOW RADIUS. .063" THK. ALUM. CAD CUT PLANES WELDED TO BACK PANEL. AGILIGHT BABE WHITE LEDs RUNS TOP and BOTTOM ON COVE. Ye" DA. ALL-THREAD MT(F. HARDWARE THRU TUBE FRAME. 1" x T' x.123" ALUM. SQ. TUBE TOP and 5070M FRAME MEMBERS ON BACK OF CABINET ROLLED TO MATCH RADIUS /<" THK. WHITE ACRYLIC F.C.O. COPY. STUD MOUNT OFF BACK OF PANEL. NW. 'N'.125' ALUM. SQ. TUBE VERT. STIFFENERS ON APPROX. 46" CENTERS. . 060" THK. ALUM. PANEL BACK ATTACHED--- TO FRAME with VHS TAPE. r3ECTION "c" tTHRU PANEL) 3' 2° � 1 1 m III =1'.O° -- 12'-5 %6" RADIUS TO BACK OF FRAME. p I .125" THK. CLEAR ACRYLIC LENS with 30 %VINYL DIFFUSER. CLIP MOUNT TO BACK OF PANEL —THRU BOLT PANELS TOGETHER AT SEAMS RIO Ye DA. MACH. BOLTS. z is -osiz Rn,` 4 9 d 34 u19s KRISTEN HAMILTON —.. —N To scviz� �1 T-0 v4' 2-0 il' -- — — - - ---------- ----------- -------------- -- ---------------------- -------------------------- -- ----- - - - I ham" Q rF" lal 'j ----------------------------------------------------------------- - ---------------------------------------- - - CFA - PCL 3-0 SCALE 3/4 " =1' 0" ONE ( I ) REQUIRED - MANUFACTURE AND INSTALL LIVE AREA 31, SO -, 0 dER4LLL =REV 'i SO FT SFF S=CTION F)FTAll 12-0512 RIl Shea 12 of 34 MJ 78154 asap KRISTEN HAMILTON TQ .W2 LO, It . wa Em 2� C,.Scmm� CONNIEC110" 3", CUS70vaEr, nma °loa �� vois A'/,Nlls nL 4Nl WS9n�diF�s sV%LL ui[iwS sox rvj v- N -xaib sma sns f3zi: �CC]J ='F b 3 `iZvp H <A alod Wory se aoA son A 1 9B aloa Hmir uay B6Q -6YM w� flfl �M�Z\ 9 "'ff I 1 w rs'rrnun Ei owF.rvr -0512 Rl1 ^ °` tz -ostz an t of 34 i _ _ ...a'... L..o.'..'v..,, tSeE [as Enma[rvrl R t Y y5252J'WE 1661 T� KSTE / ]s'MG25eftv25 0919 Tv- I �uJs i RI,T TQ mm��vCn J V u�v TD pU1z � � � : * � � � � �\ � � � � \. I\. �\\\ //) 2 \ / CD q <2 w LO - LL - Lu w N O O O N N P2200034 P2200035 I N 0 Nt CD 0 cli VON I P2200026 rlIN01111MA '' 111 "..:111.1 H it N M O O O N N IL H2200033 H2200034 H2200035 P2200037 lyiCK1I1I4141.1 P2200039 Cj►WIDIE W20MI111LY WARILIZI czzz ¥! :d 11011 . :� / Ali 4 S } \C 2 %`...�` � 6038 FM ?++f SCHERTZ, TX SIGN PACKAG EPREPARED BY: TONYQUINTERO FEBRUARY s a, ,ma FRONT i �1 FRONT BLDG. ELEVATION sr �r 6 VL -- r' t t ti,d o", banclf'r Siry t)sF r, rq -, WK do? cot A- 110,110,01). ,_ 1 .Chary �Y Sig iii o B FRONT BLDG. V I. v » .\ \ � v. . .. P {Qr - F /^ S SIDE BLDG. ELEVATION g^g_ ,.�® Sig °4•'ClC�6"$ayl :�S fi / d y Chandler Sayrls -d a x \ �Z ) \< MOW/: POINT /�� ri v g 1 h` b i b�l lit ATam' i Pl 1 II >� _ rvt ,: ,„� -,- _ -_ ..rte, � er; r r i t,'QMMUAr'R V SERVICE OPPOFITIMTY BOARD OF ADJUSTMENT: March M 2014 PLINC HORdlIq — Agenda Itern 4S TO: Board of Adjustment I I'VIROUG1 1: Michelle Sanchez, Director of Development Services PREPARED BY: Lesa Wood, Senior Planner CASE: BOA 2014-005 6038 FM 3009 SUBJECT: Bold a public hearing, consider and act upon a request by NWC 3009 /Four Oaks, Ad, for a variance to Article 11, Signs and Advertising Devices, Section 21,11.5 (F) to allow the height of a flag pole to exceed Iho maximum height of 6038 F.M. 3009. GENERAL INFORMATION: owner/ADDlicant: NWC 30091Four Oaks, Ltd., Michael Schoenborn Engineer: Chandler Signs, Abel Obregon REQUEST: The property owner is requesting a variance In Article 11, Signs and Advertising Devices to allow a 50' flag pole to be erected on the front of the lot on the Subject property, PUBLIC NOTICE: The public hearing notice was published in "The Daily Commercial Recorder" on March 10, 2014 and in the "Herald" on March *12, 2014. There were seven (7) notices mailed to surrounding property owners on March 7, 2014. At the time of this staff report two (2) total responses have been received; one (1) in favor of the request with conditions (see below) and one (1) opposed to die proposed request Public Hearing notice comments are as follows: Response frorn 6050 FM 3009 — Opposed — "I am opposed unless the same variance be granted to 6050 I'M 3009." Response from 6026 FM 3009 - In favor "only if used for Official United States Flag and/or official State"I'exas Flag. *Vote will change to oppose if used for advertising or any other flag or banner." ITHVI SUMMARY: The subject property is an approximately 0,929 acre tract of land and is Currently under construction with an approximately 4,500 square foot Chick-fil-a restaurant, His applicant is proposing to install a fifty (50) feet in height flag pole in front of the restaurant which will exceed the maximum height by fifteen feet (16). Pursuant to the Unified Development Code (UDC) Article 11, Section 21.11.5 (F), flag poles shall not exceed thirty tive (35) feet in freight. Flag poles are allowed in both residentially and commercially zoned districts of the City. The installation of a flag pole is exempt from the permit requirements; however, the exemption from Hie permit requirement shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the UDC or any other laws, ordinances, codes or regulations of the City. Article 11, Section 21.11.5 F — Flags provision reads as follows: Official flags of governmental jurisdictions or non - profit organizations. Nothing in this Article shall be construed to prevent the display of a national or state flag or to limit flags, insignias, or legal notices or informational, directional or traffic signs which are legally required and necessary to the essential functions of governmental agencies. Flag poles shall not exceed thirty five (35) feet in height. SUBJECT PROPERTY GENERAL LOCATION, ZONING AND LAND USE: The property is located approximately 250 foot north of the FM 3009 and Four Oaks Lane intersection. Existing Zoning General Business -2 (GB -2)_ SURROUNDING ZONING/LAND USE: Existing Zoning North General Business -2 (GB -2)_ South General Business -2 (GB -2) -- - -- -- - - - - -- East -- General Business -2 (GB -2) - -- West Right -of -way General Business -2 (GB -2) Existing Use Proposed Restaurant Existing Use J Bank Bank Retail Sales and Service FM 3009 Industrial Building 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; UDC Article 11 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 meet the intent of the UDC because the subject flag pole exceeds the maximum height allowed by the UDC which a requirement of all properties in the City. 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 subject property is not influenced by conditions that are unique to the land or that prevents the business from being properly advertised. 3. The hardship is in noway 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 property has no special circumstances or unique conditions that would result in the need of the variance requested. The variance request conflicts with the provisions of the UDC. The applicant has the ability to install a flag pole to display flags which is the right of all property owners in the City of Schertz. STAFF ANALYSIS STAFF RECOMMENDATION: Staff recommends denial of BOA 2014.005. The request for a variance does not comply with all the criteria for granting a variance as presented above. The applicant desires to erect a taller flag pole than what is allowed per Code and does not provide sufficient justification for granting a variance. Approve as submitted Approve with conditions* X ) Denial While the Board can impose conditions; conditions should only e imposed to meet requirements of the UDC. Attachments: Aerial location map Public hearing notice map Correspondence Exhibits CASE NUMBER Board of Adjustment may grant variances or modifications of height, yard, area, 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 for a 50' flag pole to be erected in front of the restaurant. By city code the maximum height allowed is 35' 1. Does the requested variance violate the intent of the Unified Development Code or deprive the applicant of right commonly enjoyed by other properties in the same zoning district that comply with the same provisions? ❑ Yes X❑ No Explam:there are a number of restaurants in the area that have flag poles at the 35' height per code, however while the height of the flag pole may seem trivial to some, it certainly is not to the many ex- military operators employed by CFA. A case in point on Feb 5a' on the local news there was a story about an ex- marine complaining that many fire stations " were improperly displaying our country's flag. That shows the tremendous respect, pride and love for our flag that many of our veterans and active military personnel have and all of us need to have for our flag and country. 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 ?. ❑ Yes X ®No Explain: _The special condition we claim is that this military country we have been called "MILITARY CITY USA" We on behalf of Chick Fil A and all fellow Americans, active military, retired military and civilians alike appeal to this board to grant this 15' variance. 3. Is the hardship the result of the applicant's own actions or intended for financial interest? ❑ Yes X❑ No Explain: _N No hardship just a matter of pride and honor. To honor to the many fallen hero's that have sacrificed their lives in defense of our liberties and way of life which means so much to us because it has cost us so much. 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: How can showing pride, patriotism and wanting to honor our military and constitutional beliefs in our democratic government be detrimental or injurious to the value of the property ?. 16- Variance Checklist npm[m It) 1009 Page 2 of 3 CASE NUMBER Preparer's Signature :: Printed Name: Date prepared: -/2 16- Variance Checklist UpdaM 10 -2009 Page 3 of 3 fir. ng �5 ��Y. l 6 �. •H `� ^�� e ... 'lM \c., v SCHIORTZ F9YAi{44fTV +fjgflwCg +gpF V'ftiif f {({T' O'l U'da Mamh T, 20v vzzq =nercmm lzia City of t Proposed v�€nt 6033 FM 3009 l r 200' Buff er 0 Parcel Boundaries 0 700 200 400 600 W4/Wp °° ✓E 3� 800 Feet Le5awood Senior Planner Reply Form oA Z c1 - ® ®� neutral to he Yeques for s®A vf eu tc i osed to 1 1 am; in fay dof Gq o Cl Coments: n'� ti u e, 7 ' Name) Oame� ?fink t Address: �� t one Stree 2(, j Date o.eigioo� viA>> qo1�" 1400 Schenz ParwwaY �..a r:- tanner - --- - -- —' R -- ---- - ----- g gpg4.11 -- n to n neuter t the request f osed t --_ - Go rr K Na ur met vim_ Name: e PrntYo r, 'J,u� � >l,l ddress: Phone No.; Street A Date 210 61s.l000 gchertz,Texas78154 ' 1400 Shceaz PaslcwaY GOLDANODI2EO SPUNAWM BN.L FLUSH SEAM W CASs LUMTRUCK "'� SExECCOND REVOLVING NON TOLLING TYPE 1 SWIVEL SNAPS B COVERS 1 HALYARD (ROPE) HALYARD COVER(OPTONAT \ CHEAT COVER LOS (OPTIONAL) \ P CAST ALUM CLEAT (OPTIONAL) \y lam. V CAST ALUM CLEAT / ALUM FUCH COLLAR SBBN PSI CONCRETE HARDW WD WEDGES (SUPPLIED BY OTHERS) FILL SPACE WHACKED SAND FOUNDATION SLEEVE HDTDIP GALVANIZED CTEEL STEEL CENTERING WEDGES STEEL BASE PLAT: STEEL SUPPORT PLATE WELDED TO GROUND SPIKE SF]Y ax I1�SH9S�]9L1tlH]L &91 STANDARD HUSH COLLAR FOUNDATION SIZES I HEIGHTS A I B I C I 50' 1 FU' 1 48" 1 42• GROUND SLEEVE AND CONCRETE INSTALLED BY THE GENERAL CONTRACTOR POLE INSTALLED ON PRE - INSTALLED GROUND SLEEVE BY SIGN CONTRACTOR CFA - FLAG 50 NITS ONE (t) REQUIRED - PROVIDE AND INSTALL �7 x / / GRADE IDeslpn Su�oort Steel') j _ ... -_.._ Section +Arcs (,qq tt1 i Shape Factor _ 1NInd (psf)j P_orce _� _Moment l 1� � 1 - 25_.., I 760 i 18750 'ivSD „ > fla4Pb�99Ti5D'x T2x :l.2 (SF) /px'JSOD0 =7.70 -cu 11m .j _.._._ )Use Galuanroed Sdeel lP•a1e.6.lp rn D.D. 4 0-30761 Ndal), Min Fy= 35.ksi IFavnBakion,De%n, I I P = 750 /'i = 750 in (,qlgj - Ih = 16750 ! 750 =_ ,25.0 j A- 2, 34P/ S 'x b x .75 118 -2.34x 7501550 3- 5,.__ _... !d =.Al2 (1 +s9 rt, {i+ (4_36 hlAjjJ Use Footing 45 in Diameter (average) x 5.5 It Deep (3000 PSI) c COMPACTED SAND / :ILL I / 1 >/ ----� HOT DIP' GALVA"37ED STEEL SLEEVE J I 1, 1 F CONCRETE FOOTING 1 / 1 (3000, PSD 1 / I STEEL PLATES (A36) NOTES. t. DESIGN IS BASED ON 2Oi2 IBC - WIND SPEED OF 90 MPH 0-SEC GUST), EXPOSURE C, WE FACTOR =10 THIS DESIGN IS INTENDED TO BE INSTALLED AT THE ADDRESS SHOWN AND SHALL N0' BE USED AT ANY OTHER LOCATtbNS UNLESS CERTIFIED BY A PROFESSIONAL EsNGiNCFP �. ENGINEER 1S NOT THE ENGINEER OF RECORD FOR THE OVERALL PROJECT AND IS ONLY RESPOPISIBLE FOR THE DESIGN OF SIGN STRUCTURE FOR WHICH CALCULATIONS ARE SHOWN ON THIS PAGE (CLEARANCE BAR STRUCTURE DESIGN SHALL BE PROVIDED BY OTHERS), 4 ALL TIES TUBE SECTIONS SHALL MEET ASTM A500 GRADE -B WITH MINIMUM Fy =46 K$l. 5. ALL HSS ROUND SECTIONS SHALL MEET ASTM A500 GRADE -B WITH MINIMUM Fy =42 KSI. 6 ALL WIDE FLANGE SECTIONS SHALL MEET ASTM A992 GRADE-3 VITH MINIMUM Fy =50 KSI. 7. ALL PIPE SECTIONS (OTHER THAN HSS ROUND) SHALL MEET ASTM A53 GRADE -D WITH MINIMUM FVQ5 P.SI B. ALL OTHER STEEL INCLUDING CONNECTION PLATES, ANGLES, ETC. SHALL MEET ASTNN F'36. WITH h {INJP:OAP. y= 36-,Sf,. 9. STRUCTURAL BOLTS SHALL, CONFORM TO ASTN A325 UNLESS OTHERWISE NOTED. ID. ALL WEI DING SHALL BE MADE WITH E7(pax ELECTRODES AND SHALL BE PERFORMED By CERTIFIED WELDERS IM ACCORDANCE WITH AVS STANDARDS. H. SOIL REPORT WAS NOT FURNISHED. FOUNDATION IS BASED ON A ALLOWABLE BEARING OF 1500 PSF AND ALLOWABLE LATERAL SUE, BEARING PRESSURE BF 150 FSF PER FOGT SEARING PRESSURE VALUES SHALL. BE VERIFIED PRIOR: TD CDNCRETF PLACEMENT. 12, NORMAL WEIGHT CONCRETE VITH MINIMUM COMPRESSIVE STRENGTH OF 3000 PS11 (ATTAINED IN 26 DAYS) SHALL BE USED CARE SMALL BE TAKEN FOR NOT PLACING CONCRETE OVER SOIL FILL. SMB CHANDLER SIGNS m ENGINEERING, LLC 17,319 SAN PEDRO AVE., 6036 FM 3009 W11 S.UEWNEERi66 WE SAN ANTONIO, TX 76232 rzE c_ - -417 -7329 SCHERTZ, TX T"AS REGC.IRA'Ib?, 6U4BER , E -16116 v�..�F E..jFh` y r.r $ HUZEFA M. NULWALA i SCALE 1 PITS DRAWN 8Y : HMN DATE : DEC 2013 (PROJECT 13 -1335 REV 0 PAGE + I OF 1 / 6 / 0 i / ---GAL VIANfZEO STEEL / PIPE MIIIJMU14 6,0' RD >: 0.3' WALL, / MIN Fy=35 ksl / / GRADE IDeslpn Su�oort Steel') j _ ... -_.._ Section +Arcs (,qq tt1 i Shape Factor _ 1NInd (psf)j P_orce _� _Moment l 1� � 1 - 25_.., I 760 i 18750 'ivSD „ > fla4Pb�99Ti5D'x T2x :l.2 (SF) /px'JSOD0 =7.70 -cu 11m .j _.._._ )Use Galuanroed Sdeel lP•a1e.6.lp rn D.D. 4 0-30761 Ndal), Min Fy= 35.ksi IFavnBakion,De%n, I I P = 750 /'i = 750 in (,qlgj - Ih = 16750 ! 750 =_ ,25.0 j A- 2, 34P/ S 'x b x .75 118 -2.34x 7501550 3- 5,.__ _... !d =.Al2 (1 +s9 rt, {i+ (4_36 hlAjjJ Use Footing 45 in Diameter (average) x 5.5 It Deep (3000 PSI) c COMPACTED SAND / :ILL I / 1 >/ ----� HOT DIP' GALVA"37ED STEEL SLEEVE J I 1, 1 F CONCRETE FOOTING 1 / 1 (3000, PSD 1 / I STEEL PLATES (A36) NOTES. t. DESIGN IS BASED ON 2Oi2 IBC - WIND SPEED OF 90 MPH 0-SEC GUST), EXPOSURE C, WE FACTOR =10 THIS DESIGN IS INTENDED TO BE INSTALLED AT THE ADDRESS SHOWN AND SHALL N0' BE USED AT ANY OTHER LOCATtbNS UNLESS CERTIFIED BY A PROFESSIONAL EsNGiNCFP �. ENGINEER 1S NOT THE ENGINEER OF RECORD FOR THE OVERALL PROJECT AND IS ONLY RESPOPISIBLE FOR THE DESIGN OF SIGN STRUCTURE FOR WHICH CALCULATIONS ARE SHOWN ON THIS PAGE (CLEARANCE BAR STRUCTURE DESIGN SHALL BE PROVIDED BY OTHERS), 4 ALL TIES TUBE SECTIONS SHALL MEET ASTM A500 GRADE -B WITH MINIMUM Fy =46 K$l. 5. ALL HSS ROUND SECTIONS SHALL MEET ASTM A500 GRADE -B WITH MINIMUM Fy =42 KSI. 6 ALL WIDE FLANGE SECTIONS SHALL MEET ASTM A992 GRADE-3 VITH MINIMUM Fy =50 KSI. 7. ALL PIPE SECTIONS (OTHER THAN HSS ROUND) SHALL MEET ASTM A53 GRADE -D WITH MINIMUM FVQ5 P.SI B. ALL OTHER STEEL INCLUDING CONNECTION PLATES, ANGLES, ETC. SHALL MEET ASTNN F'36. WITH h {INJP:OAP. y= 36-,Sf,. 9. STRUCTURAL BOLTS SHALL, CONFORM TO ASTN A325 UNLESS OTHERWISE NOTED. ID. ALL WEI DING SHALL BE MADE WITH E7(pax ELECTRODES AND SHALL BE PERFORMED By CERTIFIED WELDERS IM ACCORDANCE WITH AVS STANDARDS. H. SOIL REPORT WAS NOT FURNISHED. FOUNDATION IS BASED ON A ALLOWABLE BEARING OF 1500 PSF AND ALLOWABLE LATERAL SUE, BEARING PRESSURE BF 150 FSF PER FOGT SEARING PRESSURE VALUES SHALL. BE VERIFIED PRIOR: TD CDNCRETF PLACEMENT. 12, NORMAL WEIGHT CONCRETE VITH MINIMUM COMPRESSIVE STRENGTH OF 3000 PS11 (ATTAINED IN 26 DAYS) SHALL BE USED CARE SMALL BE TAKEN FOR NOT PLACING CONCRETE OVER SOIL FILL. SMB CHANDLER SIGNS m ENGINEERING, LLC 17,319 SAN PEDRO AVE., 6036 FM 3009 W11 S.UEWNEERi66 WE SAN ANTONIO, TX 76232 rzE c_ - -417 -7329 SCHERTZ, TX T"AS REGC.IRA'Ib?, 6U4BER , E -16116 v�..�F E..jFh` y r.r $ HUZEFA M. NULWALA i SCALE 1 PITS DRAWN 8Y : HMN DATE : DEC 2013 (PROJECT 13 -1335 REV 0 PAGE + I OF 1