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08-27-2018 BOA Agenda with associated documentsSCHERTZ BOARD OF ADJUSTMENT HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City_ of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team 1. CALL TO ORDER / ROLL CALL 2. SEAT ALTERNATE TO ACT IF REQUIRED 3. CONSENT AGENDA: A. Minutes for the June 25, 2018 Regular Meeting. 0 a$] 1110 toa,I1\.7101 The Board ofAdjustment will hold a public hearing related to variance requests within this agenda. The public hearing will be opened to receive a report from staff, the applicant, and the adjoining property owners affected by the applicant's request, and any other interested persons. Upon completion, the public hearing will be closed. The Board will discuss and consider the application, and may request additional information from staff or the applicant, if required. After deliberation, the Board will act on the applicant's request. A. BOA2018 -006 A request for a variance to the Verde Enterprise Business Park Planned Development District, Ordinance No. 07- S -14A, and the 1996 Unified Development Code, Ordinance No. 96 -S -28, in order to permit additional signage, increased sign height, increased sign area, and increased letter / logo height than what is allowed by the PDD and the UDC, located at 5601 Schertz Parkway, City of Schertz, Guadalupe County, Texas. 5. WORKSHOP / DISCUSSION A. A presentation and discussion regarding the duties and responsibilities of a Board of Adjustment. A. Announcements by Members • City and community events attended and to be attended Board of Adjustment August 27, 2018 Page 1 of 2 0 Continuing education events attended and to be attended B. Announcements by City Staff City and community events attended and to be attended Continuing education events attended and to be attended June 20, 2018 Committee of Committee Advisory Board Meeting Summary 7. ADJOURNMENT OF THE REGULAR MEETING CERTIFICATION I, Emily Grobe, Planner of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 24' day of August, 2018 at 5:00 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. E Vy C7VQ�TPr Emily Grobe, 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 , 2018. title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request fbr sign interpretative services 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 August 27, 2018 Page 2 of 2 BOARD OF ADJUSTMENT MINUTES June 25, 2018 The Schertz Board of Adjustment convened on June 25, 2018 at 6:00 P.M. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Richard Dziewit, Chairman Earl Hartzog Reginna Agee Ricky Haynes BOARD MEMBERS ABSENT David Reynolds, Vice Chairman Danielene Salas Frank McElroy 1. CALL TO ORDER/ROLL Mr. Dziewit called the regul 2. SEAT ALTERNATE TO A Ricky Haynes was seated as 3. CONSENT AGENDA: Minutes for the Mav 21 201 4. CITY STAFF Brian James, Interim City Manager Lesa Wood, Director of Planning & Community Dev. Tiffany Danhof, Executive Assistant Bryce Cox, Senior Planner Emily Grobe Planner I John Perry Jr., Fire Marshal Kade Long. Fire Chief Kyle Mc Affee, Assistant Fire Chief Dudley Wait, Executive Director Ernest Spadling, Corporal Environmental Law Enforcement Habib Erkan, City Attorney OTHERS PRESENT Henry & Debra Martinez, Resident Ms. Judi A Marinelli, Resident David; & Sharon Collins, Resident Pedro '& Sallv Macias, Resident 26 P.M. and recognized members present. full voting Board Member for this meeting. Regular Meeting. Mr. Hartzog moved to approve the consent agenda with the correction that Brian James be added to City Staff attendance. Mrs. Agee seconded the motion. The vote was 4 -0. Motion carried. PUBLIC HEARING: BOA2018 -002 A request for a variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Buildings, Uses and Structures, in order to permit a structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3788 Pebble Beach, City of Schertz, Comal County, Texas. Minutes Board of Adjustment. June 25, 2018 Page ] of 8 Ms. Grobe gave a presentation to the Board, indicating that the request was for a variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Building to allow an accessory structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3788 Pebble Beach. She indicated that there is no requirement to pull a permit with the City of Schertz due to the size of the shed, being under the one hundred twenty square feet, but the shed is required to comply with the applicable City regulations. She explained the locations of the shed on the property by showing photographs and the survey. Ms. Grobe indicated the public hearing notice was published in San Antonio Express on June 6, 2018, a total of twenty seven notices were mailed to surrounding property owners on June 7, 2018. She commented that four responses received were in favor, four responses opposed, and one neutral to the request. Fire Marshal Perry introduced himself and fire dispersion, he indicated distance buys setback issues, and provided information or Fire Marshal Perry indicated that the propos the fire retardant paint starts to degrade a proposed products needed to have routine i indicated that this does not eliminate the commented that the best way to prevent fire Ms. Grobe added in addition to 't purposes. Staff determined that by z properties in a significant way. She and it does violates the UDC specif Mr. Dziewit opened for the applicant to pined that distance between structures is crucial to when it relates to fire emergencies. He explained fire retardant materials proposed by the applicant. red material is fire retardant, not fire proof, and that being applied. The accessory structure using the Aay fire retardant. Fire Marshal Perry ssibility for emergency services. He e. separation distance is for aesthetic d not negatively impact the adjacent -wed the proposed variance request, denial of BOA 2018 -002. Debbie Martinez:- 3788 Pebble Beach — Indicated that the proposed variance was requested due to living on a golf 'course, and the shed location was approved by the HOA to abide by the HOA requirements of not obstructing the view of the golf course. She commented that she was not aware the shed was in violation until receiving a notice from the City of Schertz. She expressed concern that there are potentially other neighbors that have sheds that are in violation, and opposed to the case by case violation notification process. Mr. Dziewit opened the public hearing at 6:44 P.M. Steve Smart - 6086 Cover Cove - Indicated that he requested a similar shed for his property, and by doing the research was notified that the proposed location was in violation of the city's requirements. He indicated that residents are responsible for checking into HOA requirements and the city code of ordinances. Glen Outlaw — 3729 Forsyth Park — Indicated that he is a retired Fire Marshal for the City of Schertz, he believes the resident installed the accessory building in good faith and the issue is putting their neighbors in a fire hazard risk. He applauded the proposed alternatives to the fire requirements, and indicated that he is not fond of the paint, but the sheet rock material is used widely in commercial structures. The difference is that the commercial industry is periodically inspected by the Fire Department. There is no requirement for up keep inspections for these particular residential Minutes Board of Adjustment June 25, 2018 Page 2 of 8 sheds. Mr. Outlaw indicated that there is a twenty foot distance between homes that is required within the City of Schertz. He mentioned that he feels that is not enough distance between homes based on his experience of being a fire fighter. He provided clarified on the difference between a fire rated garage and accessory buildings. He indicated that the issue with this requested variance is the concern with fire prevention. Mr. Dziewit closed the public hearing at 6:50 P.M. Mr. Dziewit opened the discussion for Staff and Board Members Mr. Haynes had a question regarding how the applicant of Schertz was made aware of the accessory structures. . Mr. Hartzog had a question regarding how place in the City of Schertz. Staff responded that had been in place since 1979. Mr. Hartzog moved to deny the variance variance request was denied. BOA2018 -003 A request for a variance to UDC Structures, in order to permit a st lines and to permit a structure to Pebble Beach, City of Schertz, Co for the violations, and how City ,d and explained the process. separation requirement had been in ant was part of the zoning ordinance -s. Agee seconded the motion. The vote was 4 -0. The Section 21.8.2.C. & D. Accessory Buildings, Uses and be set back less than three feet from common property than ten feet from the main building located at 3761 Ms. Grobe gave a presentation to the Board, indicating that the request was for a variance to UDC Article 8, Section 21.8..2.C. & D. Accessory Building to allow an accessory structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building 'located at 3761 Pebble Beach. She indicated that there is no requirement to pull permit with the City of Schertz due to the size of the shed being under the one hundred twenty square feet, but the shed is required to comply with the applicable City regulations. She explained the +location of the shed on the property by showing photographs and the survey. Ms. Grobe indicated that the public hearing notice was published in San Antonio Express on June 6, 2018, and a total of nineteen notices were mailed to surrounding property owners on June 7, 2018. She commented that nine responses received were in favor, two responses opposed, and zero neutral to the request. Fire Marshal Perry and explained that distance between structures is crucial to fire dispersion, he indicated distance buys time when it relates to fire emergencies. He explained setback issues, and provided information on the fire retardant materials proposed by the applicant. Fire Marshal Perry indicated that the proposed shed material is fire retardant, not fire proof, and that the fire retardant paint starts to degrade after being applied. The accessory structure using the proposed products needed to have routine maintenance to stay fire retardant. Fire Marshal Perry indicated that this does not eliminate the need for accessibility for emergency services. He commented that the best way to prevent fire spread is distance. Ms. Grobe added in addition to the life safety concerns the separation distance is for aesthetic purposes. Staff determined that by not having the separation it did not negatively impact the adjacent Minutes Board of Adjustment June 25, 2018 Page 3 of 8 properties in a significant way. She explained that city staff reviewed the proposed variance request, and it does violates the UDC specifications. Staff recommended denial of BOA 2018 -003. Mr. Dziewit opened for the applicant to speak. Richard Leon — 3761 Pebble Beach — Indicated that he thought he did the right thing with going to the HOA and that they approved the request because it was not obstructing the view of the golf course. He indicated that in this particular case there is enough room for a fire fighter to extinguish a fire if needed. He indicated concern if garages in the neighborhood are up to code for fire retardant material. Mr. Leon wanted on record that he received a letter from a neighbor indicating that the shed was placed in violation knowingly. Mr. Leon indicated that the shed was not placed in violation intentionally, but that he had followed the HOA guidelines and approval Mr. Dziewit opened the public hearing at 7:04 P. Glen Outlaw — 3729 Forsyth Park — Indic the most, because it was the closet to the i Mr. Dziewit closed the public hearing at 7:0 Mr. Dziewit opened the Mr. Hartzog indicated that the applicz requested for staff to answer them. Fir( evaluates new residential construction, a International Residential Code that the c interior of the a particular home being Marshal Perry indicated that staff cannot Mr. Dziewit asked the question re neighbor's property. Fire Marshal requested variance on the shed in t Mr rock has to Mr. Hartzog location. The and B this particular request for a variance bothered him 's property. questions regarding the fire rated material and Perry explained that the Inspection Department ns inspections and that there are codes within the abide by regarding fire rating on garages and the . As to the question on the upkeep issues, Fire what is inside the home. law noting the distance between the shed and the the distance from the neighbor's property and the asked the question regarding fire rated protection sheet rock for interior homes, nd what the requirements are. Fire Marshal Perry explained the ways that the sheet installed or the material that meets the needs to be fire rated. ant when was the shed constructed and when did the HOA approve the it was mid - January, 2018. . Mrs. Agee moved to deny the variance. Mr. Hartzog seconded the motion. The vote was 4 -0. The variance request was denied. BOA2018 -004 A request for a variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Buildings, Uses and Structures, in order to permit a structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3717 Columbia Drive, City of Schertz, Comal County, Texas. Minutes Board of Adjustment June 25, 2018 Page 4 of 8 Ms. Grobe gave a presentation to the Board, indicating that the request was for a variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Building to allow an accessory structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3717 Columbia Drive. She indicated that there is no requirement to pull a permit with the City of Schertz due to the size of the shed being under the one hundred twenty square feet, but the shed is required to comply with the applicable City regulations. She explained the location the shed on the property by showing photographs and the survey. Ms. Grobe indicated that the public hearing notice was published in San Antonio Express on June 6, 2018, and a total of twenty three notices were mailed to surrounding property owners on June 7, 2018. She commented that seven responses received were in favor, one responses opposed, and zero neutral to the request. Fire Marshal Perry explained that distance b indicated distance buys time when it relates to provided information on the fire retardant mat( indicated that the proposed shed material is fir( paint starts to degrade after being applied. TI needed to have routine maintenance to stay fii does not eliminate the need for accessibility fo way to prevent fire spread is distance. Ms. Grobe added in addition to t purposes. Staff determined that by properties in a significant way. She and it does violates the UDC specif Mr. Dziewit opened for the applicant to veen structures is crucial to fire dispersion, he re emergencies. He explained setback issues, and ils proposed by the applicant. Fire Marshal Perry etardant, not fire proof, and that the fire retardant accessory structure using the proposed products retardant. Fire Marshal Perry indicated that this ,mereencv, services. He commented that the best the separation distance is for aesthetic it did not negatively impact the adjacent reviewed the proposed variance request, ded denial of BOA 2018 -004. David Collins — 3717 Columbia Mr. Collins commented that the applicants requesting the variances have done right things as law abiding citizens. He requested that justice be enforced equally to each citizen, and to have sufficient workers to enforce this law equally. If this is not possible the city should reexamine the ordinance. He showed a photograph of a shed possibly being not in compliance and requested to have the address checked to see if a permit was issued at 5709 Tuckatoe. Mr. Collins also requested that the current Fire Department meet with him to provide statistic regarding fires starting in a shed. Mr. Dziewit opened the public hearing at 7:19 P.M. Larry Mooney — 3721 Columbia Drive — He respects the opinion of the Fire Department regarding the concern of the requested variance at 371.7 Columbia. He noted that his residence is on the other side of the shed in question, and is concerned with this. He has been a resident at 3721 Columbia Drive since 2006, he has noticed turnover of property owners and the maintenance that the property owners have for their property. Mr. Mooney noted that since Sharon & David Collins moved into the neighborhood the part of neighborhood that he lives in has been enhanced sufficiently. Steve Smart - 6086 Cover Cove — Indicated that there are fine neighbors that keep up with the property within the neighborhood. He explained that this is a transitory community, and what is neatly kept today, could possible change later. He noted that his concern is that the property would not be taken care of and be more of a fire hazard. Minutes Board of Adjustment. June 25, 2018 Page 5 of 8 Mr. Dziewit closed the public hearing at 7:24 P.M. Mr. Dziewit opened the discussion for Staff and Board Members. Mr. Hartzog asked a question towards a comment noted by the applicant regarding the statistic regarding fires starting in the location of a shed located in the City of Schertz. Fire Marshal Perry noted he did not have those results. Fire Marshal Perry did indicate that the Fire Department looked back to January, 2015 and within that time frame the city had four structure fires that involved accessory structures. He did mentioned that there were others outside of the City of Schertz, and could not give full information regarding those particular fires, because they were not in the City of Schertz jurisdiction. Mr. Hartzog asked the applicant when the shed location. The applicant noted it was mid- Januar Mr. Haynes asked the applicant how he card ten foot and three foot separation distances: shed to find out what the requirements we research with the City of Schertz because no of Schertz. Mr. Dziewit asked the question requirements being stressed to the the website regarding the requiren HOA. The applicant and the Citv c request A request for Structures, in lines and to p Pebble Beach, ias constructed and when did the HOA approve the 2018. know that the City of Schertz had a requirement of applicant noted he went to the HOA and to Tuff 3e noted that he assumed and did not do further noted that he needed to communicate with the City on the information that the City has received, are the Ms. Grobe mentioned that the City has made an update on shed installation, additionally the City can reach out to the Attorney had a discussion regarding the zoning regulation with the HOA seconded the motion. The vote was 4 -0. The variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Buildings, Uses and 'der to permit a structure to be set back less than three feet from common property mit a structure to be closer than ten feet from the main building located at 3777 Ity of Schertz, Comal County, Texas. Ms. Grobe gave a presentation to the Board, indicating that the request was for a variance to UDC Article 8, Section 21.8.2.C. & D. Accessory Building to allow an accessory structure to be set back less than three feet from common property lines and to permit a structure to be closer than ten feet from the main building located at 3777 Pebble Beach. She indicated that there is no requirement to pull a permit with the City of Schertz due to the size of the shed being under the one hundred twenty square feet, but the shed is required to comply with the applicable City regulations. She explained the location of the shed on the property by showing photographs and the survey. Ms. Grobe indicated that the public hearing notice was published in San Antonio Express on June 6, 2018, and a total of eighteen notices were mailed to surrounding property owners on June 6, 2018. She commented that six responses received were in favor, five responses opposed, and one neutral to the Minutes Board of Adjustment June 25, 2018 Page 6 of 8 request. Fire Marshal Perry explained that distance between structures is crucial to fire dispersion, he indicated distance buys time when it relates to fire emergencies. He explained setback issues, and provided information on the fire retardant materials proposed by the applicant. Fire Marshal Perry indicated that the proposed shed material is fire retardant, not fire proof, and that the fire retardant paint starts to degrade after being applied. The accessory structure using the proposed products needed to have routine maintenance to stay fire retardant. Fire Marshal Perry indicated that this does not eliminate the need for accessibility for emergency services. He commented that the best way to prevent fire spread is distance. Ms. Grobe added in addition to the life safety purposes. Staff determined that by not having the properties in a significant way. She explained tha and it does violates the UDC specifications. Staff Mr. Dziewit opened for the applicant to Pedro Macias — 3777 Pebble Beach - The applicant find out what the requirements were and was just a) the view of the gulf course and was not aware of th notified of the violation, Emily Grobe, was informal for a variance request. He is concerned that this miscommunication from the HOA,; and what the appearance. Mr. Macias asked if the City of Scher Ms. Grobe explained that the City has ordinanc regulations, but the City ordinances would still be in Mr. Dziewit opened the public hearing at 7:43 P.M Steve Smart - 6086 Cover Cove — He wanted to re into HOA requirements and City code ordinances. Mr. Dziewit closed the public hearing at 7:46 P.M. the separation distance is for aesthetic it did not negatively impact the adjacent reviewed the proposed variance request, .ded denial of BOA 2018 -005. noted he went to the HOA and to Tuff shed to vare of the HOA restriction to avoid obstructing City of Schertz ordinance requirements. When ive on what the next step would be for applying has divided the neighborhood, because of the other neighbors expressed on the aesthetics tz ordinance over rules the HOA requirements. es and the HOA can create more restrictive that residence are responsible for checking Mr. Dziewit opened the discussion for Staff and Board Members. Mr. Dziewit added clarification that the UDC code requirement are what the City can enforce, and the HOA may have additional requirements other than what the City has in the UDC. Ms. Grobe agreed. Mr. Hartzog asked to see the map identifying the location of resident responses for the variance. Staff placed it on the projector for him to review. He commented that the safety of the families that are affected by this accessory structure and the board commitment to enforce these regulations aligns with what was presented by City Staff. Mr. Hartzog moved to deny the variance. Mrs. Agee seconded the motion. The vote was 4 -0. The voted was denied. Minutes Board of Adjustment June 25, 2018 Page 7 of 8 5. 6. ANNOUNCEMENTS: A. Announcements by Members Mr. Hartzog announced that he went to last Committee of Committees Advisory Board and indicated that is in the member's packet. He commented that the meetings will be changing to every 3rd month. Mr. Hartzog requested confirmation from the Board Members so there is a quorum meant for the meetings. B. Announcements by City Staff Mrs. Wood announced to have a great 4th July. Mr. month regarding education for the Board Members presented to them after getting the notification from ADJOURNMENT The meeting adjourned at 7:51 P.M. Chairman, Board of Adjustment Minutes Board of Adjustment June 25, 2018 Page 8 of 8 ►lained that there will be a meeting next notify them when the training would be Secretary, City of Schertz TO: Board of Adjustment PREPARED BY: Emily Grobe, Planner CASE: BOA2018 -006 5601 Schertz Parkway (Staybridge Suites) — Sign Variance SUBJECT: Hold a public hearing, consider and act upon a request for a variance to the Verde Enterprise Business Park Planned Development District, Ordinance No. 07- S -14A, and the 1996 Unified Development Code, Ordinance No. 96 -S -28, in order to permit additional signage, increased sign height, increased sign area, and increased letter / logo height than what is allowed by the PDD and the UDC, located at 5601 Schertz Parkway, City of Schertz, Guadalupe County, Texas. GENERAL INFORMATION: Owner /Applicant: Sanjay Misra Authorized Agent: Site Enhancement Services, Katie Wicker REQUEST: The applicant is requesting a variance to the Verde Enterprise Business Park Planned Development District, Ordinance No. 07 -S14A, and the 1996 Unified Development Code, Ordinance No. 96 -S -28, in order to permit additional signage, increased sign height, increased sign area, and increased letter / logo height than what is allowed by the PDD and the UDC at 5601 Schertz Parkway. PUBLIC NOTICE: The public hearing notice was published in the "San Antonio Express" on August 8, 2018. There were seven (7) notices mailed to surrounding property owners on August 1, 2018. At the time of this staff report, staff has received zero response opposed, neutral, or in favor of the request. ITEM SUMMARY: The subject property is an approximately 2.1 acre tract of land that is currently under construction with an approximately 71,765 square foot, four story hotel. The property is located within the Verde Enterprise Business Park Planned Development District which is regulated by design standards specific to the subdivision as well as the 1996 Unified Development Code as amended (Ord. 96- S -28). The Verde Enterprise Business Park PDD states the following regarding signage relevant to the subject property: • All businesses shall be permitted two (2) exterior on premise signs; one (1) wall sign and one (1) free - standing sign. • Monument signs within the Commercial Area shall not exceed five (5) feet six (6) inches in height. • Monument signs shall not exceed one hundred eighty (180) total square feet per sign side. The 1996 Unified Development Code states the following regarding signage relevant to the subject property: • The maximum letter /logo height allowable varies based on the distance from the right -of -way o Less than 100 feet- Maximum allowable of 12 inches o 101 -150 feet- Maximum allowable of 18 Inches o 151 -200 feet- Maximum allowable of 24 inches o 201 -250 feet- Maximum allowable of 30 inches • The maximum area of a wall sign shall be no greater than fifteen (15) percent of the wall space or eighty (80) square feet, whichever is less. • The maximum height of a monument sign shall be four (4') feet, excluding monument base and sign structure. The monument base may be an additional eighteen (18 ") inches in height measured from ground level. The sign structure shall not exceed fire feet six inches (5' 6 ") in overall height. • The maximum area of a monument sign shall not exceed one hundred (100) square feet with a maximum area per sign face of fifty (20) square feet. • The maximum height of a directional sign shall not exceed thee (3') feet. • The maximum area of a directional sign shall not exceed eight (8) square feet. The applicant is proposing to install the following signs: • A directional sign that is four feet in height, identified in the sign package as sign "2" • A monument sign that is 14 feet 913/16 inches in length, and 8 feet in height, and 118.54 square feet in area, identified in the sign package as sign "1" • A wall sign on the east fagade of the hotel currently under construction that is 13 feet 11 inches in length, by 3 feet 9 3/4 inches in height and 53 square feet in area, identified in the sign package as sign "3 ". Additionally, this wall sign is proposed with a maximum letter and logo height of 3 feet 9 % inches. • A wall sign on the northern fagade of the hotel currently under construction that is 13 feet 11 inches in length, by 3 feet 9 3/4 inches in height and 53 square feet in area, identified in the sign package as sign 'A ". Additionally, this wall sign is proposed with a maximum letter and logo height of 3 feet 9 % inches. • A wall sign on the western fagade of the hotel currently under construction that is 15 feet 5 9/16 inches in length by 4 feet 213/16 inches in height and a 65.47 square feet in area, identified in the sign package as sign "5 ". Additionally, this wall sign is proposed with a maximum letter and logo height of 4 feet 213/16 inches. Directional Sin 4 feet in height 3 feet 3 feet Monument sign 14'9 13/16" wide by Max Height of 5' 6" , total Max height of 56", max area 8' high total of area of 180sgft of 50 sqft 118.54sgft East Facade Wall Sign 13' 11" by 3' 9314" Maximum area of 15% of Area with unlimited access - total of 53 sqft wall space or 80 sqft 12% of the fagade area or 125 whichever is less sqft, whichever is less East Facade Wall Sign 3'9 3/4" (45.75 ") Maximum allowable of 18 Not Regulated Letter / Loo Height inches North Facade Wall Sign 13' 11" by 3' 93/4" Maximum area of 15% of Area with unlimited access - total of 53 sqft wall space or 80 sqft 12% of the fagade area or 125 whichever is less sqft, whichever is less North Facade Wall Sign 3'9 3/4° (45.75 ") Maximum allowable of 12 Not Regulated Letter / Logo Height inches K West Fagade Wall Sign 15' 59/16" by 4' Maximum area of 15% of 10% of the fagade area or 80 Planned Development District PDD 213/16" total of wall space or 80 sgft square feet, whichever is less Financial Institution (Bank) 65.47sgft whichever is less Schertz Parkway West Fagade Wall Sign 4'2 13/16" (50.82 ") Maximum allowable of 12 Not Regulated Letter / Logo Height inches Per the current Unified Development Code, businesses are allowed a maximum of one wall sign per wall with a maximum of three wall signs per building. Each sign in excess of the primary wall sign shall be a maximum of 75% of the area of the primary wall sign. For this property if reviewed with the current UDC the primary wall sign would be the West Fagade of 65.47 square feet, meaning the two additional signs could only be 49 square feet each. Which the current proposal exceeds that requirement. The applicant is currently proposing signage that violates the Verde Enterprise Business Park PDD in terms of number of signs allowable and height of the monument sign. The current proposal violates the 1996 Unified Development Code in terms of maximum letter and logo height, maximum height of a monument sign, and maximum height of a directional sign. The current proposal if not located with the Verde Enterprise Business Park PDD would violate the current UDC in terms of size of the secondary wall signs, height of directional sign, maximum height of monument sign, and maximum area of monument sign. SUBJECT PROPERTY GENERAL LOCATION. ZONING AND LAND USE: The property is located at 5601 Schertz Parkway and is currently under construction for a hotel (Staybridge Suites). Existing Zoning Existing Use Planned Development District (PDD) Currently Under Construction for a Hotel SURROUNDING ZONING /LAND USE: 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 violate the intent of this UDC or its amendments; The 1996 UDC Article 9- Sign Standards was 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 letter and logo height, maximum height of a monument sign, and maximum height of a directional sign. Additionally, the intent of the Verde Enterprise Business Park PDD is not being met by exceeding the maximum allowable number of signs and height of the monument sign. Additionally, the requested variance violates the intent of the current UDC in regards to the size of the secondary wall signs, height of directional sign, maximum height of monument sign, and maximum area of monument sign. By requesting a variance to various proposed signs that not only violate the PDD, the 1996 UDC, but also the current UDC standards, the request violates the intent to maintain aesthetically 3 Existing Zoning Existing Use North Planned Development District PDD Drainage Channel South Planned Development District (PDD) Financial Institution (Bank) East Right -of -Way Schertz Parkway West Right -of -Way Journeys Way 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 violate the intent of this UDC or its amendments; The 1996 UDC Article 9- Sign Standards was 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 letter and logo height, maximum height of a monument sign, and maximum height of a directional sign. Additionally, the intent of the Verde Enterprise Business Park PDD is not being met by exceeding the maximum allowable number of signs and height of the monument sign. Additionally, the requested variance violates the intent of the current UDC in regards to the size of the secondary wall signs, height of directional sign, maximum height of monument sign, and maximum area of monument sign. By requesting a variance to various proposed signs that not only violate the PDD, the 1996 UDC, but also the current UDC standards, the request violates the intent to maintain aesthetically 3 pleasing along with conforming to the existing and new signage located within the PDD zoned properties and the City of Schertz. 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; Although the subject property is located within a Planned Development District with a specific criteria for the property in terms of sign standards and which UDC to use, the other properties within the Verde Enterprise Business Park are also held to the same standards. 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 the result of the applicant's own actions; or 4. The interpretation of the provisions in this UDC or any amendments thereto would not 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 Verde Enterprise Business Park PDD, the 1996 UDC and the current UDC. STAFF ANALYSIS STAFF RECOMMENDATION: Staff recommends denial of BOA 2018 -006. The request for a variance does not comply with the approval criteria for granting a variance as presented above. Planning Department Recommendation 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 Exhibits Verde Enterprise Business Park PDD Ordinance No. 07 -S -14A Article 9 Sign Standards from the 1996 UDC M Sk"11HIERCEZ COMMUMTV�SERNRCE� OPPORTUNITY 'HERTZ PKWY 166801) SCHERTZ PKWY (64686) I iE Description of Variance Request: Requested Signs (Summary): Fagade Signs: • North Wall (Sign #4) X 53.03 sq ft sign Y. Overall sign/Logo height of 3'-9 Y4" • East Wall (Sign # 3) ® 53.03 sq ft sign * Overall sign/Logo height of 3' -91" • West Wall (Sign #5 —Primary Sign) * 65.47 sq ft sign * Overall sign/Logo height of 4'-2 13/16" Ground Signs: • Monument (Sign#l) 0 49.91 sq ft of sign area ■ 118.54 scl ft with base and sign face 0 4'- 211/16" sign cabinet height a 8' OAH from grade for sign and base • Directional (Sign#2) * 4' OAH from grade ® Logo on sign ■ 3.78 sqft total MM33� �= Code Article IX: o Monument Signs: • Article 9, K, 2 -Max sign face height allowed 4! a REQUEST:,V-2 11/16" • Article 9,K, 3— Max area not to exceed 100 sq ft a REQUEST: 118 sq ft (per side of sign) o Directional Signs: Article 9, N, 2—Max height of 3' REQUEST:4'OAH - PDD: o Facade Signs: • Article 9.7.4 (Wall Signs): Max logo/letter height allowed is 18" for the East and 12" for the North and West REQUEST: 45 3/4" logo/letter height for the East and North wall and 50 13/16" for the West wall • Article 9.7.3 (Wall Signs): Businesses limited to 2 exterior on-premise signs, I wall sign and 1 freestanding sign m Request: Requesting Zadditiooewe|uigns - UEas and North Wall) o Monument Signs in Article 9.7.5 (Monument Sign).C. —Maximum height ofa monument sign shall be4' with mn overall height ofS'-(y ° REQUEST: Monument sign with a sign face nt4'-211/16" tall and an overall height of 8'from grade Article 9.7.5 Sign).D. — Maximum area allowed uf100sqD a REQUEST: 118 sq ft per side of sign Justifications for Variance 7. Does the requested variance violate the intent of the Unified Development Code uf deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions? NO The intent of the UDC is to allow for signage that bsensitive to the welfare ofthe community while still allowing for the functionality ofdgnage for various types � uses, With that said, the variances that are requested are absolutely in-line with the intent of the UDC and, Ifgranted, will ensure that this property can function as a commercial business within a heavily traveled commercial corridor. None af the variances requested out Vf character for the area and »will therefore only complement the existing aesthetic value of the corridor. 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 The property and the building located on the property are unique in this application. This bm hotel business that b going buhe servicing the highway out-of-tmwn travelers but is not directly next tn the highway nor will this location have a pylon type sign that is prevalent |n this area. The signage that is requested has been specifically designed to meet the travelers needs while being sensitive to the surrounding corridor. Since the property does not directly front the highway, the location of the signage present on the building must be placed on the building ino visible location. That simply means that the signs must be higher on the building to clear visual obstructions and therefore need tobemPm size that is legible e± that height and distance. The signs that are proposed meet that need. 3.|sthe hardship the result of the applicant's own actions mintended for financial interest? NO The hardships that surround this property are focused un the size and type of use onthe property as well as the regulations on number, size, and logo height in the regulations. This property has been selected and is being developed asa commercial property inwhich motorists unfamiliar with the area will be traveling to this location. The regulations that are currently in-place pertaining to allowed signage are overly restrictive for this type of use and specifically for this size of building/property as it limits the use of proper signage in identifying this business im the motoring public. Unlike several of the properties in the immediate area, this property will have a draw from the adjacent highway. For this draw to occur, brand correct signoge must bm allowed so that the motorists seeking this destination will have the visual reassurance andwmyfnd|ngneoessaryto have confidence |nlocating this destination, 4. Would granting this variance be detrimental tu the public welfare orinjurious to the value of property in the vicinity? NO The variances that are requested will in noway be injurious to the public welfare of the community ur negatively impact the value mf any adjacent property. |n fact, the variances 'will that are requested will be a benefit to the welfare of the community as well as the properties adjacent. The requested modifications center around visibility of the business to those traveling on the adjacent roadways and the safe travel of those individuals to this site. Directly in the "Purpose" section of the ordinance; |t states: "The City recognizes the safety, commercial, emergency, and informational needs for signa". The variances requested, if approved, will work tu ensure that motorists seeking this destination have the wayfincling tools necessary in advance of required traffic maneuvers tonavigate their vehicles tu this destination safely. This request im not more than what is truly needed as it is in-scale with the size of the building and property. Regarding the properties within the area, a fully functioning, visible, well used hotel will only benefit the area. This use b allowed within the corridor and specifically ot this property, Restricting the ability for motorists to find this location will only hurt the other businesses because they will be forced to deal with lost and confused motorists on the roadways, in addition, the requested relief is minimal and will not visually detract from the corridor aesthetics. |n fact, this building will 6e one of the more predominant buildings and correct aignageonot this property will help legitimize this property ao well ao the overall corridor. mmm�37141 Kirl-IM-1 R m I W.* Phi 1 .855. 625 . 6261 1 Fax: I . 574.237. 8166 1 www.sesbranding.com s El s scale:Nls SCHERTY PARKWAY SCHERTZ, TEXAS w} I PROPOSED SIGNS f „J! F ' INTERNALLY ILLUMINATEDIWITH LEDs FEET OAH �V (1) BOXED SQUARE FEET (I ) 20 AMP /120 VOLT CIRCUIT + A ” SS-4-1) p A y INTERNALLY ILLUMINATED WITH LEDS 3.79 BOXED SQUAB FEET (1) 20 AMP CIRCUIT 53.03 BOXED SQUARE FEET (1) 20 AMP/120 VOLT CIRCUIT 7528 WHITE PCB FACE RETURNS. PAINTED PMS 4625C GLOSS BROWN TRIMCAP PAINTED PMS 4625C GLOSS BROWN t 1 ,I 58.03� BOXED SQUARE FEET (I) 20 AMP/120 VOLT CIRCUIT •�' I r t 1[a+ 7328 WHITE PCB FACE RETURNS PAINTED PMS 4625C GLOSS BROWN TRIMCAP PAINTED PMS 46250 GLOSS BROWN a j 7tt i 65 47 BOXED SQUARE FEET 1 _ - -! ) (1) 20 AMP /120 VOLT CIRCUIT __ -- 2447 WHITE ACRYLIC WITH 3M 3635 -0184 DEEP MAHOGANY BROWN s � DUAL COLOR FILM APPLIED IST SURFACE, ILLUMINATED WHITE AT �i NIGHT -- �oum�cnwer � RETURNS PAINTED PMS 4625C GLOSS BROWN TRIMCAP PAINTED PMS 4625C GLOSS BROWN Page 2 of 10 SFS Ph 1.. &5.S 5525:6 'c51 Fa 1 57Z ,'.. 51fin s nt sesbranritru.eon'+ 93 SS-50-M DIF MONUMENT SIGN @ 8 FEET OAH INTERNALLY ILLUMINATED WITH LEDS 3.30 BOXED SQUARE FEET 6 20 AMP/120 VOLT CIRCUIT Scale: 1/4" = 11 118.54 SF IM SS-4-D INTERNALLY ILLUMINATED WITH LEDS 3,79 BOXED SQUARE FEET (1) 20 AMP CIRCUIT Scale: 1/211 = 11 3.79 S F s F s Ph 855. 525, 9269 Fn , 1 57- 2,17 61�iu Page 3 of 10 tatftw.S fwmCMtAi MT FRONT ELEVATION Scale: 17161, = 1 ` -0" ummillffm - 6, - - 121MIDGE h %Ay JM SS-CL-18 53,03 BOXED SQUARE FEET (1) 20 AMP1120 VOLT CIRCUIT 7528 WHITE PCB FACE RETURNS PA NTED PMS L625C GLOSS BROWN II` TRIMCAP PAINTED PMS 4625C GLOSS BROWN .I ITtNi 0 Sil SES 555-25. 5261 Fsa I . 574 237 6166 Page 4 of 10 ,5FA FRONT ELEVATION Scale: 17161, = 1 ` -0" ummillffm - 6, - - 121MIDGE h %Ay JM SS-CL-18 53,03 BOXED SQUARE FEET (1) 20 AMP1120 VOLT CIRCUIT 7528 WHITE PCB FACE RETURNS PA NTED PMS L625C GLOSS BROWN II` TRIMCAP PAINTED PMS 4625C GLOSS BROWN .I ITtNi 0 Sil SES 555-25. 5261 Fsa I . 574 237 6166 Page 4 of 10 mPa SIDE ELEVATION Scale: 1/16" =1' -0" Side (Right) Elevation FD) KEDGE 10 SS-CL-18 53.03 BOXED SQUARE FEET (1) 20 AMP/120 VOLT CIRCUIT 7628 WHITE PCB FACE RETURNS PAINTED PMS L625C GLOSS BROWN TRIMCAP PAINTED PHS 4625C GLOSS BROWN Page 5 of 10 S-ES F., 1 4, 2a7 . eiCb i.. alb dr3iliry.cam vas nKmcuwusmP xa mommumm REAR ELEVATION Scale: 1/16" = V-0" frroa SF S Ph , a--5. -525� f 261 Fa, I . �7d '127 6166 Page 6 of 10 ja SS-CL-20 65.47 BOXED SQUARE FEET ❑ �AV D (1) 20 AMP1120 VOLT CIRCUIT 2447 WHITE ACRYLIC WITH SM 3655-0186 DEEP MAHOGANY BROWN DUAL COLOR FILM APPLIED IST SURFACE. ILLUMINATED WHITE AT NIGHT RETURNS FAINTED PMS 4625C - GLOSS BROWN TRIMCAP PAINTED PMS 4625C GLOSS BROWN REAR ELEVATION Scale: 1/16" = V-0" frroa SF S Ph , a--5. -525� f 261 Fa, I . �7d '127 6166 Page 6 of 10 tl NEI 14; , M #m"'O 'airy F, oil 'i i� R -R r, V3�, -I i'll INN S11 nMw!m-A2; REAR ELEVATION Scale: 1/16" = V-0" frroa SF S Ph , a--5. -525� f 261 Fa, I . �7d '127 6166 Page 6 of 10 FRONT ELEVATION Scale: 1/16" = V-0" u SIDE ELEVATION Scale: 1/161, = V-011 u REAR ELEVATION Scale: 1/1611 u Sign Height from Grade ES ' , '55. 5L5 o 761 F1, I i74 ?27. 6166 Page 7 of 10 8ign Distahere from Curb SESPh 1 I�b, -,25. 6261 Fn.x I F-11- 227 � 6166 ( V'r, Page 8 of 10 SESla,, 1 2125. 6,261 Fa):, 1 574 2,",7 G168 Page 9 of 10 SES - i F�-' 1 574.23" 61E6 Page looflo BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, UDC Ordinance No. 96-S-28 of the City of Schertz, Texas is hereby amended in the following manner. ;13�Ml "Rezoning 127.25±, 68.21±, and 14.25± acres being situated out of the Torribia Herrera Survey No.68, Abstract No. 153, Guadalupe and Comal County, Schertz Texas, being more particularly described in the Field Notes and Map, as attached hereto as Exhibit A, and made a part hereof, from Manufacturing District-Light (M-I)and General Business District (GB) to Planned Unit Development District (PUD), according to the guidelines set forth in Exhibit "B". THAT, The Zoning District Map described and referred to in Article 111, of the UDC, Ordinance 96-S-28 shall be changed to reflect the above amendments. ZCZC2006-021 THAT this Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. 1-1.1 oil Approved • first reading the 20th day of February, 2007. 1 Ili` Mayor, City of Schertz, Texas ENUMN ZCZC2006-021 1 W.14 so I I I; METES AND BOUNDS DESCnMON FOR A 127M2 ACUTRACT OF LAND Tlmntoc with said non tangent vzw to die d&ha" a mdfus of 17239 RA an h*'or angle of 330 01'36", an we length *f09.37 V4e% ma a chord bewing and disft=e ofS 140 13'(19" E 98-00 fbet to a W iron pia with orange cap stmrqW IC & It PROP 001L" sot; The S Or 24101" W aftsum of30.32 bd to a W kon pin vvith cromp cap auvVWwC & 0 PROP COR."act at a point of cumtum of a cum to the left Revised 5/11/2005 . METES AND BOUNDS DESCRIPTION FOR A 68.207 ACRE TRACT OF LAND Being 68,247 acres of land out of the Torriblo Herrera Survey No. 68, Abstract No. 153, Comal County, Texas, and being those certain tracts described as a 27,741 acres in Volume 2078, Page 983 of the Deed Records of Guadalupe County, Texas, and the remainder of an 87.58 acre tract of land as recorded on Volume 60, Page 546 of the Deed. Records of Carnal County, Texas, and sold 68,207 acre tract of land being more particularly described as follows: Beginning at a Texas Deportment of Transportation Type II monument found at the Northerly cutback of Interstate Highway 35 and Lookout Road, and being a Southerly corner of this herein described 68.207 acre tract of land, Thence with the_ Northeasterly line of Lookout Road, N 30° 10' 34" W, passing a" Iron pin with red cap stamped "VICKERY" found for the Southerly corner of a called 27.741 acre tract of land at 1730.29 feet, and continuing a total distance of 2996.54 feet to a Y2" Iron pin with - yellow cap stamped " KOLODZIE" found for the Southerly corner of a called 14.100 acres In Volume 443, page 446 of the Deed Records of Guadalupe County, Texas and Volume 188, - Page 686 of the Official Records of Carnal County. Texas, and being the most Westerly corner of this herein described 68.207 acre tract of land; Thence deporting said lookout Road and with the Southeasterly line of said 14.100 acre tract of land, N 65' 14' 52" E a 'distance of 996.34 feet to a !�" Iron pin with yellow cap stamped "KOLOD*21E" found In the Southwesterly line of a 234.13 acre tract of land as described ;in deed recorded In Volume 768, Page 8001 and Volume 768, Page 812 of the Official Records of Carnal County, Texas, and being the Easterly corner of sold 14,100 acres, the most Northerly corner of this' herein described 68,207 acre tract of land, Thence with the Southwesterly line of sold 234.13 acres, S 30' 05' 15" E, passing a 1h" Iron pin with red cap stamped "FISHER" found for the most Easterly corner of said 27.741 acre tract of land, and continuing a total distance of 2974.83 feet to a 1h" Iron pin with orange cap stamped "C & B PROP COR," set in the Northwesterly right —of --way line of interstate Highway 35, Thence with said Northwesterly right —of --way line of Interstate Highway 35, the following calls: S 65` 16' 27" W a distance of 206.69 feet to 'a 1 square 'iron pin found for a corner; S 59` 55" 20" W a distance of 319.15 feet to a '" iron pin with red cap stamped "VICKERY" found for a corner; S 60' 04' 50" W a distance of 412.39 feat to a Texas Department of Transportation Type it monument found at a cutback to Lookout Road; and N 74' 55' 25 " W a distance of 71,02 feet; to the Place Of Beginning and containing 68.207 acres of land. METES ARD BOUNDS DESCRIPTIJ FOR 14.254 ACRE TRACT O LAND Being 14.254 acres of land out of the Torribfa Herrera Survey No. 68, Abstract No. 153, Coma[ County, Texas, and being that certain tract described as 14:100 acres in Volume 443, page 446 of the Deed Records of Guadalupe County, Texas and Volume 188, Page 686 of the Official Records of Carnal County, Texas, and said 14.254 acre tract of land being more particularly described as follows: Beginning at a %" iron pin found for the most Westerly corner of a 234.13 acre tract of land as described in deed recorded in. Volume 768, Page 800 and Volume 768, Page 812 of the Official Records of Cornal County, Texas, and being In the Southeasterly, line of a 38.753 acre tract of land called a Save and Except tract as described In deed and recorded in Volume 768, Page 800 and Volume 768, Page 812 of the Official Records of Carnal County, Texas, and being the most northerly corner of this herein described 14.254 acre tract of land; Thence with the Southwesterly line of said 234.13 acre tract, S 30' 05' 15" E a distance of 671.22 feet to a V2" Iron pin with yellow cap stamped "KOLODZIC" found for the most Northerly corner of a called 27.741 acre tract of land as recorded In Volume ,2078, Page 983 of the Deed Records of Guadalupe County, Texas; .,and being the most Easterly corner of this herein described 14,254 acre tract of land; Thence departing the Southeasterly line of said 234.13 acre tract of land, the Northerly corner of said 27.741 acre tract of fond, S 65' 14' 52`° W, a distance of 996.34 feet to a ' Iron pin with yellow cap stamped "KOLODZIE" found for (fie most Westerly corner of sold 27,741 acre tract of land, the Northeast line of Lookout road, and being the most'Southerly corner of this herein described 14.254 acre tract of land, Thence departing the Westerly corner of said 27.741 acre tract of land, and with the Northeast line of Lookout road, N 30' 10' 34 W, a distance of 580,12 feet to'a W' Iron pin found for a Southerly corner of sold 38.753 acre tract of land, and being the most Westerly corner of this herein described 14.254 acre tract of land; Thence with the common line of sold 38.753 acre tract of land, and this herein described 14,2.54 acre tract of land, N 60' 00' 07" E a distance of 992.92 feet to the Place Of Beginning and containing 14.254 acres of land. February 8, 2007 Update Enterprise Business Park PUD Standards A. Commercial Area That certain area designated as "Commercial Area" on Schedule I attached hereto and made a part hereof for all purposes. B. Facade Any exterior wall of a building exposed to public view [79C (a)]. C. General Open Space An outdoor or unenclosed area located on the ground or on a roof, balcony, deck, porch or terrace, designed and accessible for outdoor recreation, pedestrian access or landscaping, excluding parking facilities and driveways [7.6A(a)]. D. Gross Floor Area (GFA) The total area of the covered floor space measured between the center line of party walls, including the thickness of external walls, but excluding voids. E. Industrial Area That certain area designated as "Industrial Area" on Schedule 1. F. Major Electric/Telephone/Transmission Lines Any electric/telephone/transmission or other service line not having a direct building service/feed and which runs from metal poles [7.6C(i)]. G. Permitted Uses All uses permitted by right within an "M -1" (Manufacture District — Light) zoning district under the Unified Development Code (Article IV, Section 5), and all uses permitted by right within a "GB" (General Business District) zoning district under the UDC (Article IV, Section 5), unless otherwise listed below under "Prohibited Uses". H. Prohibited Uses The following uses shall be prohibited on the property: L. Animal control facility; 2. Flea market; 3. Portable building sales; 4. Recreational vehicle sales and service; 5. Sexually Oriented Business; 6, Trailer/Manufactured homes sales; 7. Truck sales/heavy equipment; 139200.00002 109693 v1 8. Waste disposal facility (public); 9. Wrecking or salvage yard; and 10. Any use that emits noxious or hazardous odors. I. Significant Natural Features Unique natural features, the destruction of which would constitute a significant loss for a larger community (local, state, national or global), including, but not limited to, wetlands, creeks or rivers or karst formations (limestone eaves) [7.6A(b)]. J. Tractor-Trailer An articulated truck consisting of a towing engine and a semi-trailer (plus possible additional trailers) that carries freight. K. Typical Utility Mains/Service Lines Water mains, sanitary sewer mains, electrical lines, telephone lines, cable television lines, fiber optic lines or similar lines, and storm drain pipes/box culverts other than Major Electric/Telephone/Transmission Lines [7,6C(i)]. L. UDC The City of Schertz Unified Development Code, which is Ordinance No. 96-5 -28. Note: Any corresponding existing UDC provision, proposed for amendment or requiring additional specificity in the form of new definitions below, is referenced in brackets. Except as noted herein, the terms of the City of Schertz Planned Unit Development (PUD) Ordinance 05-5 -50, which is Section 7 of the UDC, shall apply. Unless other-wise specified herein, all future development on the Property shall be governed by the terms of the UDC in effect of the effective date of this zoning ordinance. Fil. AMENDMENTS TO GENERAL DEVELOPMENT STANDARDS 139200.00002 109893 vi February 8, 2007 Update inventoried, except for those located within a proposed building footprint [7.6A(e)]. 4. All medians and drainage channels shall be maintained as common areas by business park management [7.613(b)]. B. Screening and Buffering Screening and buffering may be accomplished via landscaping, trees (including existing trees), fences, walls, or any combination thereof Fences and walls may be at heights desired by Developer, but with a minimum height of six (6) feet [7.6C (e)]. C. Interconnectivitv Vehicular interconnectivity shall be provided for all contiguous buildings in the Commercial Area along the IH-35 frontage road [7.6C(f)]. D. Screening of Trash Enclosures All trash enclosures shall be screened from view utilizing landscaping, trees, fences, walls, or any combination thereof, and shall have a minimum height of six (6) feet [7.6C(g)]. E. Utilities Typical Utility Mains/Service Lines shall be buried, except for Major Electric/Telephone/Transmission Lines [7.6C(i)]. F. Stormwater The project shall demonstrate that, as compared with the condition that would have existed on the Property without development, no phase of the PUD shall result in a net loss in storage capacity for stormwater. The project must comply with Federal Emergency Management Administration (FEMA) requirements, including the Code of Federal Regulations (CFR) 44 [7.6CO)]. IV. AMENDMENTS TO COMMERCIAL AREA DEVELOPMENT STANDARDS A. Building HeiAt Commercial building height shall be limited to a maximum of sixty (60) feet [7.9A(a)]. B. Parking One hundred percent (100 %) of parking spaces shall abut either a landscaped separation or a sidewalk, except for service parking areas behind the buildings [7.9A(g)]. 139200.00002 109693 A V. AMENDMENTS TO INDUSTRIAL AREA DEVELOPMENJ STANDARDS A. Building Height Industrial building height shall be limited to a maximum of forty- five (45) feet [7.101(a)]. C. Industrial Architectural and Silt Desi n 1. Awnings will be incorporated into the building designs where commercially reasonable [7.1 OD(a) & 7, 1 013(b)]. 2. Parking shall be permitted in the front of buildings [7.1013(g)]. A. Per mitong .(Article IX, 5.11 1. Commercial Area Permitting from the City of Schertz is required initially for each sign in the Commercial Area, However, no permits are required to relocate "For Sale" or "For Lease" signs in the Commercial Area. 139200,00002 109693 vi February 8, 2007 Update Industrial Area Permitting is not required for the installation of "For Sale" or "For Lease" signs in the Industrial Area. B. Number of Signs (General Provisions) Except as noted herein, all businesses/tenants shall be permitted two (2) exterior on-premise signs: one (1) wall sign and one (1) free-standing sign. Additionally, if the fagade length of a building exceeds five hundred (500) feet, two (2) monument signs shall be permitted at a distance of at least four hundred (400) feet from each other [Article IX, 7.3]. C. Maximum Heiuht (Monument Sins} Project identification monument signs along Interstate 35 shall not exceed a maximum of nine (9) feet in height. Monument signs within the Commercial Area shall not exceed five (5) feet six (6) inches in height. Monument signs in the Industrial Area shall not exceed twelve (12) feet, four (4) inches in height [Article IX, 7.5C]. D. Maximum Square Footage (Monument Signs) Monument signs along Interstate 35 shall not exceed two hundred fifty (250) total square feet per sign side. Other monument signs (i.e., not located along IH-35) shall not exceed one hundred eighty (18 0) total square feet per sign side [Article LX, 7.51)]. E. Number of Signs (Industrial Area Monument Suns) One (1) monument sign shall be permitted for each building in the Industrial Area; provided, however, if the fagade length of a building exceeds five hundred (500) feet, two (2) monument signs shall be permitted at a distance of at least four hundred (400) feet from each other [Article IX, 7.5E]. F. For Sale or Lease Signs (Real Estate Signs There shall be a maximum of one (1) "For Sale" or "For Lease" sign for each building fagade fronting a public or private street or private driveway, unless the building fagade length exceeds five hundred (500) feet, in which case two (2) "For Sale" or "For Lease" signs shall be permitted, but no closer than within four hundred (400) feet of each other [Article 1X, 7.13(3)]. G. Number of Signs (Multi- Tenant} In addition to the signs otherwise permitted herein, multi-tenant buildings shall be permitted to have a directory sign at each intersection of a public or private street or private driveway [Article IX, 8.913(1)]. 139200.00002 109693 v1 H. Maximum Sp are Footage JMulti-Tenant I Tenant signs grouped in a directory arrangement shall not exceed twenty four (24) square feet for each tenant sign [Article IX, 8.913(2)], The following parking ratios shall be: 1. Commercial Office: 3 spaces/1000 sf GFA; and Retail: 4 spaces/1000 sf GFA; 2. Warehouse Buildings undgr 150,OQO sf Office: 3 spaces/iOOO sf GFA; and Warehouse: I space/5000 sf GFA; 4. Excess Tractor-Trailer Parking Ratios Buildings containing 300,000 square feet of GFA or more shall have a staging area requirement of one (1) trailer per five (5) dock doors, with staging allowed against any buildings that have no dock doors. Commercial Area In the Commercial Area, lighting shall be shielded to reduce lighting of adjacent properties. 2. Industrial Area In the Industrial Area, lighting shall be appropriate to provide adequate security for the area. 139200.00002 109693 vi 'AAW AIN-40 IWI fb Et a Bg inoAyi Ainun a.LIBIHX3 )fUVd 983NIS nO 3SIUdU3.LN3 MUM L 31JnS 'GU3NIWd )IMVd 893NISM 381HdU3JLN3 3OU3A 'AAW AIN-40 IWI fb Et a Bg ARTICLE IX- SIGNS PAGE SECTION I Purpose 2 SECTION 2 Definitions 2 SECTION 3 Applicability 5 SECTION 4 Administrative 5 SECTION 5 General Requirements 6 SECTION 6 Removal of Signs 9 SECTION 7 General Sign Provisions 10 SECTION 8 Non-Conforming Signs 16 SECTION 9 Licenses 17 SECTION 10 Violations 20 UIXI = B" a, a 81 033, IX.1.1 The City recognizes the safety, commercial, emergency, and informational needs for sips. This Article has been adopted to protect the health, safety, and welfare of the citizens by regulating the location, construction, duration, size, height, installation, and maintenance of all signs within the jurisdiction of the City, including its ETJ. Additionally, this Article 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, Abandoned or Obsolete Sign: A sign that no longer serves to direct attention to a business product, service, or activity, which is no longer conducted upon the premises. Advertising: To convey information, to seek the attraction of or to direct the attention of the public to any location, event, person, activity, goods, service or merchandise. Balloon Sign: Inflatable and other gas filled advertisement devices. Bandit SigLi: Any temporary ground sign announcing a subdivision or new development. Bench Sig• A sign painted on or affixed to a bench normally used for outdoor seating. Billboard: A structure primarily erected to display an off-premise sign. Board of Adjustment: City Council under the City Charter and the Justment: The Commission established by Ci Texas Local Government Code that reviews and acts upon variance requests, Builder Directional or Development Sign: Any temporary realty sign that announces a new subdivision or model home, Building Mounted Sigg: A sign attached to, or supported by any part of the building that encloses or covers usable space and is related to the business within, including but not limited to wall signs, si•na•e • awnings, canopies, • marquees, and projecting signs. City Building Official: The individual appointed by the City Manager, or their designated representative charged with the enforcement of this Article. Community Service Sign: Any sip that solicits support for or advertises a non-profit community use or activity, public use or activity, or social institution. Ion. A. Any sign where any portion of the finished material, surface or message area of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective or is otherwise deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; or Page 2 of 21 approved 06-13-06 Ordinance # 06-S-29 B. Any sign whose elements or the structural support or frame members are visibly bent, broken, dented, torn, twisted, leaning or at angles other than those at which it was originally erected. Directional Sian: Any sign designed to provide direction to pedestrian and/or vehicular traffic. Electric Sign: Any sign containing or using electrical power. Electronic Si M A variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCI)s or a flipper matrix. Flan; A piece of fabric or distinctive design that is used as a symbol or as a signaling device. Freestanding Sign: A sign that is not attached to a building and which is self supporting. Garage Sale Sian : (See Code of Ordinances Chapter 10). Governmental Sidi: Any sign indicating public facilities, work projects, services or other places, programs, or activities conducted by the federal, state or any local government. Identification Sian: A sign whose purpose is to identify: A. Street Address SignlMarlcers: Address signs are composed of a numeric address and street or complex name. Street markers are signs adjacent to streets required by local government. B. On-Premise Business Signs: Any sign which relates to the premises on which it is located, referring exclusively to the name, location, product, person, accommodation, service, or activity of those premises, or the sale, lease or construction of those premises. C. Personal, or Professional Signs and Nameplates: Any sign that lists exclusively a name or names (including family/farm name signs). Illegal Sign: A sign erected without a required permit, without the property owner's permission, or any sign not meeting the requirements established in this Article. Limited Access Highways: Interstate Highway 35 and Interstate Highway 10. Multi-Tenant Sign: A sign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings. Monument, Low Profile or Berm Sian: A permanent freestanding ground sign. Non-Conforming Sian: A sign that was legally installed or modified in accordance with local laws, ordinances and approvals in effect at the time of installation or last significant modification, but which does not comply to laws or ordinances enacted subsequent to that time, Off-Premise Sian: Any sign that relates to products, services, or activities not located on or offered on the premises where the sign is located. Page 3 of 21 approved 06-13-06 Ordinance # 06-S-29 On-Premise Sign: Any sign relating to the premises on which it is located referring to names, locations, products, services or activities on or offered on such premises, or the sale, lease, or construction of such premises. Pennant: Any long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or other similar non-rigid material, which may be used to announce grand openings and/or special events. Libitable or Mobile Sign: Any sign designed or constructed to be easily moved fi-orn one location to another or designed to be mounted upon a trailer, wheeled carrier, or other non-motorized mobil* structure. A portable or mobile sign which has its wheels removed shall still be considered a portable or mobile sign under this Article. Prohibited S jM Any sip that does not meet the requirements established in this chapter Article. Realty Sign: A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. -r • i 11 - I • I M., Setback: The horizontal distance between a sign and the property line, as measured from the outer most part of the sign, including its extremities and supports, nearest to any point on an imaginary vertical plane projecting fi-om the property line. Shopping Center: Two (2) or more retail stores and/or service establishments, or one (1) or more retail stores and one (1) or more service establishments sharing customer parking area and entrance ways, regardless or whether said stores and/or establishments occupy the same or separate structures or are under separate ownership. Si M. A name, identification, description, display, or illustration which is affixed directly or indirectly upon the exterior of a building or structure or upon a piece of land which directs attention to an object, person, product, place, activity, service institution, or business. Sign Area: The area of any sign shall be the sum of the area enclosed by the minimum imaginary rectangles, triangles, or circles which fully contain all extremities of the sign, including the frame, all words, numbers, figures, devices, designs, or trademarks by which anything is made known, but excluding any supports. To compute the allowable square footage of sign area, only one (1) side of a double-face sign shall be considered. Sign Height: The vertical distance between the highest part of a sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign. Page 4 of 21 approved 06-13-06 Ordinance # 06-S-29 Subdivision or Neighborhood Sig1j:. Any sign used to mark the entrance to a specific subdivision or neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name of the specific community and placed at the main entry to such community. Unlimited Access Highway State Farm to Market Roads 78, 482, 1103, 1518, 2252, 3009 and Schertz Parkway. Variance: Relief granted for an exceptional condition that poses a practical difficulty or particular hardship in such a way as to prevent an owner from displaying a sign as required by this Article. Such practical difficulty or hardship must be clearly exhibited and must be a result of an external influence and not be self-imposed. Visibility Triangle: The triangular sight area fi-om the corner of converging streets to a distance of twenty-five feet (25') along each street with the triangle completed by drawing a line through the property from both twenty-five foot (25) points on the converging streets. Wall Siq Any sign painted on, attached to or projected from the wall surface of a building (whether permanent or portable), including window signs and signs on awnings and/or marquees. SECTION - 3 "PLICABILITY IX.3.1 General Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. A. Otlier Laws: The provisions of this Article shall not be deemed to nullify any other provisions of federal or state law. B. Partial Invalidity: In the event any part or provision of this Article is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. C. Existing Signs: All signs legally in existence on the date of the adoption of this Article shall be permitted to continue without change. ' IX.4.1 General: The Building Official is hereby authorized and directed to enforce the provisions of this Article and other laws and ordinances applicable thereto. The Building Official shall have the authority to render interpretations of this Article and other laws and ordinances applicable thereto, and to adopt policies and procedures in order to clarify, the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Article and shall not have the effect of waiving requirements specifically provided for herein. IX4.2 Applications: The Building Official shall receive applications, review plans and documentation and issue permits for the erection, installation, enlargement, alteration, and repair of all signs within the City of Schertz and its ETJ. Page 5 of 21 approved 06-13-06 Ordinance # 06-S-29 IX.4.3 Inspection: The Building Official or designated representative shall make all inspections necessary to ensure compliance with all state and local requirements governing signage. IX4.4 Notices and Orders: The Building Official shall issue all necessary citations, notices or orders to ensure compliance with this Article. IXA.5 Right of Entry: Where it is necessary to make an inspection to enforce the provisions of this Article, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Article, the Building Official is authorized to enter premises at reasonable times to inspect or to perforin the duties imposed by this Article, provided that if such premises are occupied that credentials be presented to the occupant and entry requested. If such premises are unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. IX .6 Dppaitment Records: The Building Official shall keep official records of applications received, permits issued, fees collected, reports of inspections, and citations, notices and orders issued. Such records shall be retained in the official records for the period required by the State of Texas for the retention of public records. IX.4.7 Liability: The Building Official, members of the Board of Adjustment, or City employees charged with the enforcement of this Article, while acting for the City of Scheitz in good faith and without malice in the discharge of the duties required by this Article or other pertinent laws or ordinances, shall not thereby be rendered liable personally and are hereby relieved of personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under - the provisions of this Article shall be defended by a legal representative of the City of Scheitz until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Article. A. Electrical Perinit.- No person shall install and connect electrical systems for a sign within the City of Schertz or its ETJ without first obtaining a electrical permit to do so fi-om the Building Official, except as hereinafter provided. The Building Official shall issue no electrical permit for a sign -until -after the principal sign permit for such work has been issued. Page 6 of 21 approved 06-13-06 Ordinance # 06-S-29 B. Work Exempt From a Permit: Exemption from the permit requirements of this Article shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Article or any other laws or ordinances of the City of Schertz. 1) Governmental Sign - Any sign: a. Erected or maintained pursuant to and in discharge of government functions-, b. Required by law, ordinance or City regulation; or c. Located on property owned, leased or under the control of the federal or state government. 2) Political Sign: Any political sign that meets- all applicable state requirements. 3) Railway Sign: Any sign within the railway right-of-way placed and maintained in reference to the operation of such railway. 4) Utility Sign: Any sign marking utility or underground communications or transmission lines. 5) Vehicle Sign: Any sign displayed or used upon motorized vehicles. 6) Holiday Sign: Any temporary sign containing only holiday messages and no commercial advertising, 7) Plaques: Any commemorative sign of a recognized historical society or organization. 8) Private Traffic Control Sign: Any on-premise sign that directs the movement of traffic on private property or warns of obstacles, overhead clearances, or controls parking, including, but not limited to, entrance and exits signs. The sign must be less than ten (10) square feet in effective area, less than six (6) feet in height, and be placed where it will not interfere with the safe movement of vehicles or pedestrians. 9) Electrical Repairs and Maintenance: An electrical permit shall not be required for minor repair work to any sign, including the replacement of lamps or the connection of approved portable electrical equipment to approve permanently installed receptacles. IX.5.2 Application: The following inf ormation shall be required for each application for a permit: A. Completed building permit application obtained fi-orn the Inspection Department. B. A site plan which includes: 1) Location of all buildings, structures or tracts to which or upon which the sign is to be attached or erected. 2) Position of the sign in relation to rights-of-way, easements, buildings or structures and other existing signs. Page 7 of 21 approved 06-13-06 Ordinance # 06-S-29 C. Plans that illustrate height, length, width and all other dimensions associated with the sign. Plans shall include all electrical elements of the sign. D. Letter or copy of a contract signed by the owner of the property stating that the applicant has permission to erect such sign. IX5.3 Fees: All fees for a sign permit shall be in accordance with the current fee schedule adopted by City Council. A A permit shall not be valid until such fee has been p. id, An amendment to a permit shall ni be released until the additional fees, if any, have been paid. 1Z. Where work for which a permit is required by this Article has been started prior to obtainin+_ - he fees established by City Council shall be doubled. Payment of such double fees shall not relieve any person(s) fi-om any other penalties prescribed by this Article or any other law • ordinance applicable thereto, IX.5.4 Action on Application: The Building Official shall examine or cause to be examined application for permits and amendments thereto within fifteen (15) business days after filing. If the application or the construction documents do not conform to the requirements of this Article and other pertinent laws or ordinances, the Building Official shall reject such application in writing, stating the reasons therefore. If the Building Official is satisfied that the proposed work conforms to the requirements of this Article and other laws and ordinances applicable thereto, the Building Official shall issue a permit therefore as soon as practicable. 4 IX.5.5 Time Limitation • Application: An application for a permit for any proposed work for which a permits has not been issued shall be deemed abandoned six (6) months after the date of filing. The Building Official may, in his discretion, grant one or more extensions for additional time not exceeding -ninety (90) days each, The extension shall be requested in writing and justifiable cause demonstrated. IX.5.7 Suspension or Revocation: The Building Official is authorized to suspend or revoke a permit issued under this Article whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this Article or any other laws or ordinances applicable thereto. Page 8 of 21 approved 06-13-06 Ordinance # 06-S-29 IX.5.8 Public Right -of -way, Alleys and Easements: A permit shall not be given by the Building Official for the placement of a sign that will encroach upon any public right-of-way, alley or utility or drainage easement. IX 5.9 Placement of Permit: The permit or copy thereof shall be kept on the site until the work perillitted in completed. IX. 5. 10 Temporary SigLis: The Building Official is authorized to issue a permit for temporary signs. Such permit shall be limited as to time of service, but shall not be permitted for more than forty-five (45) days, and shall not exceed four (4) permits per calendar year. The Building Official is authorized to grant extensions for demonstrated cause. Temporary signs shall conform to all the requirements of this Article and other applicable laws and ordinances. The Building Official is authorized to terminate any permit for a temporary sign, if the sign is determined abandoned or in violation of this Article or other applicable laws or ordinances. IX.5.11 Appeal: An individual who has been denied permit or had a permit revoked may appeal in writing along with the established filling fee to the Board of Adjustment within ten (10) days after the date of denial or revocation. ;M"918M�1 IX6.1 Maintenance of Sips: Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted including all metal parts and supports that are not galvanized or of rust resistant material. On undeveloped parcels of land, the area between any sign and the street or highway to which the sign is oriented and the area within twenty-five (25') feet of such sign must be kept free and clear of debris, trash, and weeds or other refuse. IX.6.2 Damaged Si is: which are determined by the Inspection Department to be a public hazard or in a state of disrepair shall be repaired or removed within ten (10) days of written notification to the property owner by the Building Official. IX.6.3 Abandoned Signs: Signs which are determined by the Inspection Department to be abandoned shall be removed or otherwise painted over and neutralized within thirty (30) days of written notification to the property owner by the Building Official. !Y,.6.A -Pxtc- 1.1� I L obligation, r Extensions: The Building Offi-cmll shall have the authority, but not the obligation, to giant extensions as necessary to resolve a damaged or abandoned sign. The extension shall be requested in writing and justifiable cause demonstrated. IX.6.5 Signs in Right-of-way and/or Public P hpgjy: o Any sign that is erected, constructed or - otherwise located within or upon public right-of-way or on public property may be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal. IX6.6 Illegally Erected Temporary Sign: Any temporary sign that is erected, constructed or otherwise displayed, without a permit or in direct violation of this Article may be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal. Page 9 of 21 approved 06-13-06 Ordinance # 06-S-29 IX.6.7 Illegally Erected Permanent Sign: Any permanent sign installed without a permit or in direct violation of this Article shall be removed by the owner of the sign or property within ten (10) days of written notification by the Building Official. IX.6.8 Filing of Liens Against PropgLty: The City is authorized to file a lien against any property which is not otherwise exempt to recover expenses incurred by the City for the removal of a sign or portion of a sign. IX.6.9 Appeal: Any decision rendered by the Building Official or other City personnel in the enforcement of this Article may be appealed to the Board of Adjustment by any person, agent, or representative affected by such decision. Such appeal must be in writing and received within ten (10) days of a decision rendered along with the established fee. IX.7.2 Location of Business/Residential: All business and residential locations shall be identified by an address, which is clearly visible from the street, IX.7.3 Number of Sjgqs� All businesses shall be authorized two (2) exterior on-premise signs sign pertainig to the primary occupancy, products or service of a building or structure: one (1) located on the building and one (1) fi-eestandmig; sign, Excgptio - Lots that 1 nt two (2) intersecting streets may be allowed four (4) signs peitaining to the primary occupancy, products or service of a building or structure,- two (2) signs located on different elevations of the building and two (2) freestanding signs, one (1) freestanding sign facing each thoroughfare. IX.7.4 Wall Sign: A. General: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all wall signs. Wall signs may not be attached to light fixtures, poles, or trees. The direct painting of wall signs on buildings shall be prohibited except for wall signs less than three (3) square feet in area used for building identification. B. MinimuinlMaximum Letter /Logo Height: The minimum height allowed for letters on a wall sign shall be six (6") inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. Maximum Letter/Logo Height Less than 100 ft. MWdf$VW4M-� 18 inches Page 10 of 21 approved 06-13-06 Ordinance # 06-S-29 251-300 ft. 36 inches 301 ft. and C. Maximum Area The maximum area of a wall sign shall be no greater than fifteen (15) percent of the wall space or eighty (80) square feet, which ever is less. D. Roofline Limitations: In no case shall a wall sign project above the roofline of any building nor extend above the parapet wall if attached thereto. Wall signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height. Wall signs may be attached to a continuous plane fascia if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure. E. Illumination: Wall signs may be illuminated utilizing only internal lighting. Exterior letters with exposed neon lighting are not allowed. F. Protrusions: Wall signs may not protrude farther than eighteen (18") inches from the building, excluding signs attached to canopies. G. Adjacent Residential: Wall signs shall not be located on any fagade (other than the main front of the building) which faces property zoned for single-family residential uses if the sign is within one hundred and fifty (150') feet of the property line of said residential property. H. Multi-tenant Wall Signs: Only one (1) wall sign per lease space shall be allowed along each street frontage on any site unless otherwise specifically provided for in this Article. A secondary wall sign may be permitted at a public entrance provided the entrance is on another side of the building but shall be limited to twenty-five (25) percent of the primary or permitted wall sign size. No more than two (2) wall signs shall be allowed per lease space. Wall signs shall be located within the first story of the main exterior entrance for a building or lease space. IX.7.5. Monument Sign: A. General.- Unless otherwise specifically provided, the regulations set forth in +,.is subsection shall be applicable to all monument signs that are allowed under this Article. B. Minimum LetterlLogo Height: The minimum height allowed for letters on monument signs shall be six (6") inches. C. Maximum Height: The maximum height of a monument sign shall be four (4') feet, excluding monument base and sign structure. The monument base may be an additional eighteen (18") inches in height measured from ground level at the center of the base to the top of the base. The sign structure shall not exceed five feet six inches (5' 6") in overall height. Page 11 of 21 approved 06-13-06 Ordinance # 06-S-29 D. Maximum Area: The maximum area of a monument sign shall not exceed one hundred (100) square feet with a maximum area per sign face of fifty (50) square feet, 1-H. Number ofSigns: Only one (1) monument sign, excluding merm board signs, shall be allowed along each street frontage on any site unless otherwise specifically provided in this Article. F. Minimum Setback- The minimum setback of all monument signs shall be fifteen (15) feet fi om. any property line. G. Material Requirements: All monument sign bases shall be constructed of the same masonry material as the front building fagade on the site, or shall be stone or brick. The monument sign structure must be constructed or covered with the same masonry material as the principal building or stone, or brick. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure. H. Illumination: Monument signs may only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting sign structure are not visible from public right-of-way. - . I • A. General: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all freestanding ground signs. B. Minimum Setback: The minimum setback • all fteestanding ground signs shall be fifteen (15) feet fi-orn any propel ty line. C. Maximum Height: The maximum height of a freestanding ground sign shall not exceed the following: Areas with limited access 50 ft. Areas with unlimited access 40 ft. All other streets 20 ft. Excgptio : Areas along FM3009 and Scheitz Parkway within an overlay district shall not exceed eighteen (18') feet in height. D. Maximum Area., Freestanding ground signs shall not exceed the following, 1 Areas with limited access unlimited access All other streets • Exceptio : Areas along FM 3009 and Schertz Parkway within an overlay district shall not exceed ninety (90) square feet. Page 12 of 21 approved 06-13-06 Ordinance # 06-5 -29 U Va 1 ["02 KIM LOJCVI�� E. Number of Signs: No more than one (1) freestanding sip is permitted per site, except lots that front two (2) intersecting streets may be allowed two (2) freestanding sips. With one (1) sign located on each thoroughfare. Exception: No more than one (1) freestanding multi-tenant sign is permitted for a shopping center. One (1) additional freestanding sign may be permitted for an anchor business with fifty thousand (50,000) square feet or more of building space within a shopping center. All tenants signs within a freestanding multi-tenant sign shall contain the same number of square feet. IX.7.7 Subdivision Entr is: y SigL A. Maximum Height: Wall mounted subdivision entry signs may not project above the top of a wall. B. Maximum Area: The maximum area of a wall mounted subdivision entry sign shall not exceed thirty-two (32) square feet. C. Maximum Number of Signs: No more than one (1) monument sign or two (2) attached wall signs (not in combination thereof) may be permitted per street entrance. D. Placement of Sign: A monument sign may be located on a median at the street entrance if approved by the Public Works Director. I IX.7.8 Bulletin Board Sjws: A. Maximum Height: The maximum height of a bulletin board sign shall not exceed six (6') feet B. Maximum Area: The maximum area of a bulletin board sign shall not exceed eighteen (18) square feet. -C. Maximum Number of Signs: No more than one (1) bulletin board sign per commercial site or one (1) per subdivision entrance, not to exceed two (2) per subdivision is permitted. IX.7.9 Price-Per-Gallon DispILay: A. General: All price-per-gallon displays must be an integral part of the general permitted sign for the site. Displays, whether electronic or manual, may not scroll, flash, or change more than once a day. B. Minimum Letter Height: The minimum height allowed for price-per-gallon display signs shall be six (6") inches for the fuel classification (i.e. "unleaded" "diesel", etc.). C. Maximum Area: Price-per-gallon displays may not exceed two-thirds (2/3) of the permitted gross surface area per face of the general permitted sign. D. Number of Signs: Only one (1) price-per-gallon sign is permitted per site. Page 13 of 21 approved 06-13-06 Ordinance # 06-S-29 E. Illumination: Only internal illumination may be utilized for fuel classification and price-per- gallon signs. IX 7. 10 Directional Signs: A. Maximum Height: The maximum height of a directional sign shall not exceed three (3') feet. B. Maximum Area: The maximum area of a directional sign shall not exceed eight (8) square feet. IIIIIIIIIIIIIIIIIIII I • K.-TAIII I �Jpil ��lill - KI • I WWRE-IJIUMN319 I I - IX.7,11 Banners- Banners may only be permitted for special events • grand openings, The maximum area of a banner shall not exceed 0.5 square feet for every one (1) foot • width of a building wall or lease space not to exceed fifty (50) square feet. Banner permits shall not exceed 45 days each, and shall not exceed four (4) permits per calendar year. IX.7.12 Development Signs: A. Permitted Sign Structure: Development signs shall be a temporary freestanding ground sign. B. Maximum Area, Development signs shall not exceed sixty-four (64) square feet maximum, thirty-two (32) square feet per sign face, C. Maximum Height: Development signs shall not exceed five (5') feet in height. D. Number of Signs: Each development is permitted no more than one (1) sign per commercial development, or one (1) sign per entry of a residential subdivision not to exceed two (2) signs. E, Duration: Development signs may be installed at any time after the issuance of the building permit for a commercial development or after approval of the developer's site plan for a residential subdivision. The development sign must be removed within one (1) year or upon the issuance of a certificate of occupancy for commercial developments, and upon three (3) years or seventy-five percent (75%) of development of a residential subdivision, whichever is less. IX.7.13 Real Estate Signs: 1) Maximum Height: The maximum height for commercial real estate signs shall not exceed five (5') feet for freestanding ground signs and must be below the roof line for wall signs. 2) Maximum Area: The maximum area of a commercial real estate sign shall not exceed sixty-four (64) square feet, thirty-two (32) square feet per sign face. Residential real estate signs shall not exceed four (4) square feet in size. 3) Maximum Number of Signs: Only one real estate sign is permitted per site. Page 14 of 21 approved 06-13-06 Ordinance # 06-5 -29 IX.7.14 Prohibited Siggs: A. Obscene Signs: No person shall erect or display on any site a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, or is utterly without redeeming social value. B. Obstructing Doors, Windows or Fire Escapes: No person shall erect or display on any site any sign that prevents free ingress to or egress from any door, window or fire escape. C. Obstructing Vision /Sight Triangle: No person shall erect or display on any site any sign in such a manner as to obstruct free and clear vision of moving vehicles at any location, street intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a visibility triangle (see definition of visibility triangle). D. Interference With Traffic: No person shall erect or display on any site any sign which interferes with vehicular or pedestrian traffic as a result of the position, size, shape, movement, color, fashion, manner, or intensity of illumination, or any other characteristics causing such interference. Nor shall any person erect or allow to be displayed any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, including, signs making use of the words "stop", "go ", "look ", "slow", "danger ", or any other similar word, phrase, symbol or character, or employ any red, yellow, green, or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. E. Illuminated Signs: No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance to traffic. No lighted sign shall be erected or displayed within one hundred and fifty (150') feet of a single- family residential zoned property unless the lighting is shielded from view. F. Over Public Property or Public Right-of-Way: It shall be prohibited to erect or display any type of sign on or over public right-of-way or other public property, unless the same be erected by the city, county, state or other authorized governmental agency, or with the permission of the City, for public purposes. G. Signs on Utility Poles: 'No person shall. erect or display any sign on any ut.;l,.t,,t nole located upon any public right-of-way or utility easement. H. PrNate Property: No sign shall be located on private property without the consent of the owner of the premises, to including signs located on trees, light poles or mail boxes. I. Dilapidated Signs: No signs are permitted which is deteriorated, dilapidated or in danger of falling or otherwise unsafe. J. Signs In Violation: No signs are permitted that does not comply with any applicable provisions of the building code, electrical code or other applicable ordinances of the City of Scheitz. Page 15 of 21 approved 06-13-06 Ordinance # 06-S-29 K. Home Occupation Signs: No exterior home occupation signs shall be permitted unless specifically authorized in another section of this Article. L. Non-Motorized or Portable Signs: No trailer type, non-motorized signs using wheels and axles, as the primmy support shall be permitted. M. Off Premise Signs: Except as set forth elsewhere in this Article, all off premise signs not legally existing on the effective date of this Article are prohibited. Exceptions: The following off -premise signs which otherwise meet the applicable requirements of this Article are permitted: N. Other Signs: Except as set forth elsewhere in this Article, bench signs, bandit signs, and balloons are prohibited within the City of Schertz and its ETJ. A. General: A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all or part of the provisions of this Article and 1) Was inexistence and lawfully located prior to the adoption of this Article; or 2) Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto or which was considered legally nonconforming there under and has since been in continuous or regular use; or 3) Was in existence, located and used on the premises at the time it was annexed into the city and has since been in continuous or regular and continuous use; or 4) Was in existence and lawfully located and used as an off-premise sign prior to the adoption of this Article. B. Registration: On September 1, 2006; it shall be unlawful for any person to maintain any nonconforming or off-premise sign within the corporate limits of the City of Scheitz or its ETJ without having a valid registration number affixed thereto as required in this section as follows: Page 16 of 21 approved 06-13-06 Ordinance # 06-S-29 C. Application: To register a nonconforming sign or off-premise sign, application shall be made to the Building Official on forms provided for that purpose. The application shall be accompanied by the payment of the established fees and shall contain the name and address of the owner of the sign, the exact location of the sign, the date of placement, and any other information reasonably required by the Building Official. D. Issuance of Registration Number: If the Building Official determines that the nonconforming or off -premise sign is a lawfully nonconforming or off-premise sign, he shall issue a registration number to the applicant. The owner of the sign shall cause the registration number to be affixed in a conspicuous place on the registered nonconforming or off-premise sign. E. Removal or Destroyed Signs: Any owner who removes or causes the removal of any validly registered nonconforming or off -premise sign from any premises shall, within ten (10) business days of its removal, report the removal to the Building Official. F. Invalidation of Registration: The Building Official shall invalidate any registration for a nonconforming or off-premises sign when: 1) It is removed from the premises for any reason; a) It has been damaged or destroyed so as to lose its nonconfonning sign status as provided in this Article; b) It has become an abandoned sign. IX.9.1 Licenses Required A. Required: It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair, replace or service any sign for compensation without first obtaining a license to do such work from the Building Official. B. License: It is unlawful for any person to perform construction work subject to this Article unless the person is licensed as a sign contractor or is exempt under the following: Exception. A maintenance person may perform maintenance work only upon property owned by the person's employer. A maintenance person who performs work upon the property of more than one property owner is deemed to be performing work for the general public and shall be licensed as a sign contractor. IX.9.2 It is unlawful for anti person to: A. Display or cause a permit to be displayed or to have in one's possession any license for doing any construction work, knowing it to be fictitious or to have been canceled, suspended or altered; B. Lend or permit the use of any license for doing any construction work to any person not entitled to it; Page 17 of 21 approved 06-13-06 Ordinance # 06-S-29 C. Fail or refuse to surrender to the Building Official any license for any construction work that has been suspended or canceled; D. Apply for or have in one's possession more than one current City construction license of the same type; E. Use a false or fictitious name or address in any application for any license or permit provided for in this Article or any renewal or duplicate, or make a false statement or conceal a material fact or otherwise commit ftaud in making any application; F. Perform any construction work in the City or its ETJ for which a license is required without having the license or while the license is suspended, expired or canceled. G. Perform any construction work for which a permit is required without having the permit • after the permit has been suspended, canceled or expired. H. Fail or refuse to make the necessary repairs or changes as provided in a written notice issued by the Inspection Department. A separate offense is deemed to be committed each day after the expiration of the time for correction provided in the notice until the work is corrected; or 1 11 RISEN I I IN FIRM � � III I EMMMM=! ms=� IX9.3 Insurance Required: It is the duty of all sign contractors who practice their craft within the City of Schertz to show proof of general commercial liability insurance. A current copy of the insurance must be maintained on file at the City of Scheitz Inspection Department or the sign contractor's license may be revoked. The insurance shall include: B, A minimum of $600,000 aggregated (total amount the policy will pay for property damage and bodily injury coverage); and 11MISCU-47 W • C -1 ,IPMUIR . 11U I t MI, Mr C� of insurance when applying for an initial license, when changing a business name, or upon cequest by the Building Official. A. 4pplication.- A written application for a sign contractor's license will • submitted to tl]M Building Official • a form prescribed • the City along with the required imitial fee • e 'dence of two (2) years experi e to include the follow' A ene Ing: Page 18 of 21 approved 06-13-06 Ordinance 9 06-S-29 IX.9.4 The Building Official, within thirty (30) days from the receipt of the completed application, will issue the license or give a written refusal setting out the reasons for refusal. B. Renewal: All renewals shall be due January I't of each year. Failure to renew within thirty (30) days after the renewal date will require the applicant to reapply for license at the initial fee rate. C. Revocation: Any license issued under this section may be suspended or revoked by the Building Official for the following: 1) The Building Official may suspend the license of a person who has been convicted two (2) times within a one-year (1) period of any violation of this Article or other laws and ordinances applicable hereto. 2) If the Building Official decides to suspend a sign contractor's license, the Building Official will notify the licensee of the suspension by first class mail to the licensee's last address on record, or by hand delivery to the licensee. Notice by mail will be deemed received three days after posting. 3) The licensee may appeal a suspension decision to the Board of Adjustment by filing a written request within ten (10) days of receiving notice of the suspension. The Board of Adjustment will hold a hearing to determine whether the suspension decision should be sustained or reversed. 4) If a licensee's license has been suspended twice in a three (3) year period, and the licensee then commits another violation under this Article or other laws and ordinances applicable hereto, the Building Official will notify the Board of Adjustment. The Board of Adjustment will then hold a hearing to consider cancellation of the license. 5) Enforcement actions taken under this section are not exclusive and do not affect any other remedies for violations of this Article or other applicable laws and ordinances. D. Appeal: A person, whose license has been denied or revoked may appeal in writing along with the filing fe -- then in effect to the Board of Adjustment within ten (10) days. E. Electrical License: It shall be unlawful for any person to install and connect electrical systems for a sign within the City of Schertz and its ETJ without first obtaining a license to do so from the Texas Department of Licensing and Regulation (TDLR) for such work. A sign contractor may subcontract the electrical portion of a project to someone licensed by TDLR. Someone so licensed shall obtain all electrical permits to do such work. F. Electrical License Registration: Electrical contractors shall register with the City Inspection Department as follows: 1) Registration of Company — Each electrical company shall register with the Inspection Department and shall provide a copy of general liability insurance in the amount Page 19 of 21 approved 06-13-06 Ordinance # 06-S-29 established by the Texas Department of Licensing and Regulation (TDLR) for electrical contractors. 2) Application — A written application to register an electrical company, along with the established filing fee, shall be submitted to the Building Official on a form prescribed by the City, 3) Renewal — All registered electrical compamies shall renew their registratioi annually. All renewals shall be due March I" of each year. Exempt: Licensed sign contractors who hold an electrical license issued by TDLR and who submit a copy of such license with their application, and do not work as an independenij electrical company, will not be required to register as an electrical company, IX.10.1 Unlawful Acts: It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, or demolish a sign regulated by this Article, or cause the same to be done in conflict with or in violation of any of the provisions of this Article. IX.10.2 Notice of Violation: The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removing or demolition of a sign in violation of the provisions of this Article or in violation of a permit issued under the provisions of this Ahicle. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Allegation and evidence of a culpable mental state is not required for the proof of an offense by this Article. Page 20 of 21 approved 06-13-06 Ordinance # 06-S-29 June 20, 2018 Reports from Boards and Commissions BOA — May 21, 2018 The Board of Adjustments approved a request by the City of Schertz for the proposed elevated storage tank off of Ray Corbett Drive to exceed 35'. The elevated storage tank is to be approximately 225' tall. The property is zoned PUB — Public Use District, which is the most appropriate zoning district for this type of use, and has a maximum height limit of 35' but which is too low for elevated storage tanks. As such, staff is considering proposing changes to the maximum height allowed in this district to avoid having to get variances in the future. Planning and Zoning Commission — May 23, 2018 and June 13, 2018. At their May 23 meeting, the Commission approved a plat and associated waiver to allow septic service for a few lots in southern Schertz. At their June 13 meeting, they discussed proposed changes to the Unified Development Code regarding site development standards for public water and wastewater facilities to provide input on changes proposed by staff. TSAC — June 7, 2018 Staff provided an overview of City requirements and practice for painting centerlines on streets and provided an update on various projects /requests. Historical Preservation — No meeting since the last TSAC Meeting. The Historical Preservation Committee meetings quarterly — next meeting is scheduled for July. Parks and Recreation Advisory Board — May 21, 2018 The Parks Board received updates on the activities of YMCA. They also received updates on the status of Mary Whitfield Burks Park (where the exercise equipment was recently installed) and the walking trail project. The Board recommended not renaming Oak Forest Park to Coy Simmons Park, but did recommend renaming the Schertz Ballpark Complex after Johnie McDow, something Council approved. Library Board — June 4, 2018 At their June meeting, the Library Board received reports on the board's finances, library usage and the bookstore. They also discussed the Library Foundation Mini Golf that is occurring on Saturday, June 23. Schertz Economic Development Corporation — May 24, 2018 The SEDC Board met on May 24, 2018. During the meeting, the SEDC reviewed its monthly financials, Business Retention and Expansion (BRE) Plan, and the proposed FY 2018 -19 budget. As part of the monthly financials, the SEDC experienced a 55.8% year- over -year increase sales tax collections. The increase was the result of a one -time receipt and a state audit adjustment. During the BRE plan update, staff announced that construction has started for the Vestal Subdivision drainage project. Staff and the business owners have worked to get the project underway for nearly three years. Lastly, the proposed SEDC FY 2018 -19 budget included over $4 million for the payment of SEDC projects and incentives for Texas Plumbing Supply, Ace Mart Restaurant Supply, and infrastructure improvements for a new industrial area and the retail project near Wiederstein Road. Staff also recommended minor increases for staff development and the BRE program. The board will officially vote on the budget during its June meeting. Committee of Committees Advisory Board Summary CCAB Notes 06/20/18: Brian James gave the City Manager report. He gave an update on the status of the City Manager search. At the beginning of June, Council officially approved the job posting and had it posted with the intent to perform an initial review of those applications that are received by June 30 at the first Council meeting in July. The committee then discussed and reviewed the future role of the Committee of Committees. While all members agreed that CCAB provides a good sounding board when there are specific presentation items or topics that city staff needs initial feedback on, it was also acknowledged that the need to meet monthly is not necessary. It was unanimous agreement to make the change to meet quarterly on the 3rd Wednesday of the month (March, June, September and December), but with the option to hold special called meetings, if needed. Next meeting agenda topics: The next scheduled CCAB meeting is September 19. A request was made to have a presentation regarding the Schertz water system and an overview of how it works. Brian James recommended this presentation would be best suited to be given at a Planning and Zoning meeting, as it this topic falls under this commission's purview. Brian will work with the P &Z chairman to get the presentation on an upcoming agenda.