BOA 06-05-2023 Agenda with assoiated documents
MEETING AGENDA
SCHERTZ BOARD OF ADJUSTMENT
June 5, 2023
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 want to be treated
Work cooperatively as a team
AGENDA
MONDAY, JUNE 5, 2023 at 6:00 p.m.
The Board of Adjustment will hold this meeting at 6:00p.m., Monday, June 5, 2023 at the Municipal Complex
Council Chamber. In lieu of attending the meeting in person, residents will have the opportunity to watch the
meeting via live steam on the City's YouTube Channel.
1.CALL TO ORDER / ROLL CALL
2.SEAT ALTERNATE TO ACT IF REQUIRED
3.HEARING OF RESIDENTS
Residents who choose to watch the meeting via live stream, but who would like to participate in
Hearing of Residents, should email their comments to the Planning Division, at
planning@schertz.com by 5:00p.m. on Monday, June 5, 2023, so that the Planning Division may read
the public comments into the record under the hearing of residents. In the body of the email please
include your name, your address, phone number, agenda item number if applicable or subject of
discussion, and your comments.
This time is set aside for any person who wishes to address the Board of Adjustment. Each person should fill out the Speaker’s register prior
to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Board of any item not on the agenda
shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the
agenda, will call on those persons who have signed up to speak in the order they have registered.
4.CONSENT AGENDA:
A.Minutes for the April 24, 2023 Regular Meeting.
5.PUBLIC HEARING:
Board of Adjustment June 5, 2023 Page 1 of 2
5.PUBLIC HEARING:
The Board of Adjustment 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, 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.PLVAR20230069 -Hold a public hearing, consider and act upon a request for a variance to the Verde
Enterprise Business Park Planned Development District (PDD), Ordinance No. 07-S-14A and the
1996 Unified Development Code Ordinance No. 96-S-28 in order to permit an increased maximum
wall sign letter/logo size and an increased number of wall signs, located at 17648 Verde Parkway,
City of Schertz, Guadalupe County, Texas. property ID:171707
6.ANNOUNCEMENTS:
A.Announcements by Members
City and community events attended and to be attended
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
7.ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATION
I, Samuel Haas, Senior Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this
the 2nd day of June 2023 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.
Samuel Haas
Samuel Haas, Senior Planner
I certify that the attached notice and agenda of items to be considered by the Schertz Board of Adjustment was removed from the official bulletin
board on _____day of _______________, 2023. _______________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 for 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 June 5, 2023 Page 2 of 2
BOARD OF ADJUSTMENT MEETING: 06/05/2023
Agenda Item 4 A
TO:Board of Adjustment
PREPARED BY:Emily Delgado, Planning Manager
SUBJECT:Minutes for the April 24, 2023 Regular Meeting.
Attachments
Draft Minutes for the April 24, 2023 Board of Adjustment Meeting
D R A F T
BOARD OF ADJUSTMENT MINUTES
April 24, 2023
The Schertz Board of Adjustment convened on April 24, 2023 at 6:00 p.m. at the Municipal Complex, Council
Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
Present: Richard Dziewit, Chair
Reginna Agee, Board Member
Earl Hartzog, Board Member
Frank McElroy, Board Member
Absent: Danielene Salas, Board Member
Ferrando Heyward, Board Member
Yvonne Griffen, Board Member
Staff present:Brian James, Deputy City Manager
Lesa Wood, Director of Planning & Community Development
Samuel Haas, Senior Planner
Ameriz Gamez, Planner
Daisy Marquez, Planner
Tiffany Danhof, Administrative Assistant
Ralph Gutierrez, Council Liaison
1.CALL TO ORDER / ROLL CALL
Mr. Dziewit called the meeting to order at 6:07 P.M.
2.SEAT ALTERNATE TO ACT IF REQUIRED
No alternate was seated.
3.HEARING OF RESIDENTS
Residents who choose to watch the meeting via live stream, but who would like to
participate in Hearing of Residents, should email their comments to the Planning
Division, at planning@schertz.com by 5:00p.m. on Monday, April 24, 2023, so that the
Planning Division may read the public comments into the record under the hearing of
residents. In the body of the email please include your name, your address, phone
number, agenda item number if applicable or subject of discussion, and your comments.
This time is set aside for any person who wishes to address the Board of Adjustment. Each person should fill out the
Speaker’s register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by
the Board of any item not on the agenda shall be limited to statements of specific factual information given in response to
any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda.
The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up
to speak in the order they have registered.
No one spoke.
4.CONSENT AGENDA:
A.Minutes for the March 6th, 2023 Regular Meeting.
Motioned by Board Member Frank McElroy, seconded by Board Member Reginna
Agee to approve
Vote: 4 - 0 Passed
5.PUBLIC HEARING:
The Board of Adjustment 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, 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.PLVAR20230038 - A request for a variance to Unified Development Code Article 9
Section 21.9.8 Screening and Fencing, in order to permit an opaque fence within the front
yards of 4710 Shady Lane and 4715 Troy Lane, City of Schertz, Guadalupe County,
Texas
Motioned by Board Member Frank McElroy, seconded by Board Member Reginna
Agee to approve
Vote: 4 - 0 Passed
B.PLVAR20230027 - A request for a variance to Unified Development Code Section
21.11.9 in order to permit an additional wall sign on a multi-tenant building located at
17670 Four Oaks Lane, City of Schertz, Guadalupe County, Texas
Motioned by Board Member Frank McElroy, seconded by Board Member Earl
Hartzog to disapprove
Vote: 4 - 0 Passed
6.ANNOUNCEMENTS:
A.Announcements by Members
City and community events attended and to be attended
Continuing education events attended and to be attended
There were no announcements by Members.
B.Announcements by City Staff
City and community events attended and to be attended
Continuing education events attended and to be attended
Committee of Committees Advisory Board Meeting Summaries
There were announcements by City Staff.
7.ADJOURNMENT OF THE REGULAR MEETING
7.ADJOURNMENT OF THE REGULAR MEETING
Mr. Dziewit adjourned the regular meeting at 6:32 P.M.
____________________________________
Chairman, Board of Adjustment
______________________________
Recording Secretary, City of Schertz
BOARD OF ADJUSTMENT MEETING: 06/05/2023
Agenda Item 5 A
TO:Board of Adjustment
PREPARED BY:Ameriz Gamez, Planner
CASE:PLVAR20230069
SUBJECT:PLVAR20230069 -Hold a public hearing, consider and act upon a request for a variance to the
Verde Enterprise Business Park Planned Development District (PDD), Ordinance No.
07-S-14A and the 1996 Unified Development Code Ordinance No. 96-S-28 in order to permit an
increased maximum wall sign letter/logo size and an increased number of wall signs, located at
17648 Verde Parkway, City of Schertz, Guadalupe County, Texas. property ID:171707
GENERAL INFORMATION:
Owner: Agarita Schertz Partners, JAC Jr Investments LLC & CCD Enterprise Acquisition LLC
Applicant: Mason Miller
REQUEST
Date: 04/03/2023
Application Type: Variance
PUBLIC NOTICE:
The public hearing notice was published in the "San Antonio Express" on May 17th, 2023. There were five (5)
notices mailed to surrounding property owners on May 16th, 2023. At the time of this staff report, staff has
received no responses in favor or opposed.
ITEM SUMMARY:
The property owner at 17648 Verde Parkway is requesting a variance to the Verde Enterprise Business Park
Planned Development District (PDD), Ordinance No. 07-S-14A and the 1996 Unified Development Code
Ordinance No. 96-S-28 in order to permit an increase in maximum wall sign letter/logo size and an increased
number of wall signs. The property is proposed to develop as a hotel, specifically an Extended Stay America,
Premier Suites.
The Verde Enterprise Business Park PDD states the following regarding signage relevant the subject property:
All businesses shall be permitted one (1) wall sign
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:
Less than 100 feet-Maximum allowable of 12 inches
101 - 150 feet-Maximum allowable of 18 inches
151 - 200 feet-Maximum allowable of 24 inches
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 applicant is proposing to install the following number of signs that do not meet the regulations outlined in the
Verde Enterprise Business Park PDD Development standards, Ordinance No. 07-S14A, and the 1996 Unified
Development Code, Ordinance No. 96-S-28:
One 80 square foot primary wall sign on the north facade.
One 60 square foot sign on the south facade.
One 60 square foot sign on the west facade.
According to the current Unified Development Code Sec. 21.11.9 Wall Signs, the maximum number of wall signs
permitted for a single occupancy building is one sign per wall and a maximum of three wall signs per building. The
primary (largest) wall sign is permitted to be a maximum of 250 square feet or 15% of the facade, whichever is less.
Each sign in excess of the primary wall sign shall be a maximum of 75% of the area of the primary wall sign.
The applicant is proposing to install an 80 square foot illuminated primary wall sign on the north facade of the
hotel, one 60 square foot illuminated wall sign on the south facade of the hotel, and one 60 square foot illuminated
wall sign on the west facade of the hotel. The area of the proposed primary wall sign is both less than 250 square
feet and 15% of the facade, and the area of the additional wall sign is less than 75% of the area of the primary wall
sign; therefore, all three of the proposed signs meet the sign regulations outlined in the UDC Article 11 Section
21.11.9 Wall Signs.
Comparison Chart
Requested Allowed under
Verde
Enterprise
Business Park
PDD and 1996
UDC
Allowed Under Current
UDC
Wall Sign
on north
facade
80 Sq. Ft.Only 1 wall sign
permitted per
building
Maximum area of 250 Sq.
Ft.;
No letter/logo height
restrictions.
Wall Sign
on south
facade
60 Sq. Ft. Maximum area of
80 Sq. Ft.;
Maximum
letter/logo
height of 12"
Maximum area of 75% of
primary wall sign (60 Sq.
Ft.)
Wall sign
on west
facade
60 Sq. Ft. Number of signs limited to 1
per wall with a maximum of
3 signs per building.
SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING:
The property is located at 17648 Verde Parkway, Schertz, Tx 78154 and is currently a vacant commercial lot,
proposed to develop as an Extended Stay America Premier Suites.
Existing Zoning Land Use
Planned Development District (PDD)Hotel
Adjacent Properties:
Zoning Land Use
North Right of Way Verde Parkway
South Planned Development District (PDD)Drainage Channel
East Planned Development District (PDD)Vacant
West Planned Development District (PDD)Retail Center / Offices
CRITERIA FOR REVIEW
According to Unified Development Code (UDC), Article 3, Section 21.3.4.B, in order to make a finding of hardship
and grant a variance from the zoning regulations of the UDC, the Board must determine the following:
1. The requested variance does not violate the intent of the UDC or its amendments;
Article 9 of the 1996 UDC is intended to enhance property values, maintain aesthetic attractiveness, promote
commercial opportunity in the City, and to support and further their objectives of the City's Comprehensive Land
Plan. The requested variance does not violate the intent of the current UDC because the proposed wall signs are
scaled appropriately for a building in the Verde Enterprise Business Park, and the signs would be permitted under
the current UDC.
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 that has very specific criteria for
sign standards and uses the 1996 UDC, the other properties within Verde Enterprise Business Park PDD are also
held to these same standards. The sign standards outlined in the PDD are more restrictive than the current UDC
standards for commercial properties. The requested sign package would comply with the current UDC regulations,
given their location.
3. The hardship is the result of the applicant's own actions;
The hardship is the result of the applicant's own action for wanting their business to comply with the current UDC
rather than following the 1996 UDC or the Verde Enterprise Business Park PDD. However, the proposed variance,
to allow additional and larger signs that conform to the current UDC is consistent with the previous variances
approved for properties within the Verde Enterprise Business Park PDD.
4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district that comply with the same
provisions.
Under the Verde Enterprise Business Park, this property is identified as having a base zoning district of General
Business District (GB). The City has updated the UDC sign standards since this PDD was established, and under
the current UDC regulations commercial properties zoned General Business District (GB) are held to the same
standards: one primary wall sign equal to or less than 250 square feet or 15% of the facade, whichever is less, and
two other wall signs that are equal to or less than 75% of the area of the primary sign. According to the current
UDC Sec. 21.11.9 Wall Signs, the applicant is requesting a sign package that meets the overall intent of the UDC.
Even though this property is in a PDD, the approval of this variance would allow for the property to exercise the
same rights allowed in other General Business District (GB) properties.
STAFF ANALYSIS AND RECOMMENDATION:
The applicant is requesting a maximum of three (3) wall signs for a single tenant building.The requested variance
complies with the criteria for granting a variance as presented above and follows the intent of the current UDC,
therefore, staff recommends approval of PLVAR20230069.
Planning Department Recommendation
X Approval as submitted
Approval with conditions
Denial
Attachments
Aerial
Public Hearing Notice Map
Variance Application and Supporting Documents
Verde Enterprise Business Park PDD and 1996 UDC Sign Regulations
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171706GOLDSTARINVESTMENTS LTD
10004128OAK HILLS CHURCHOF CHRIST INC
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64735HGIT SCHERTZPARKWAY LP
10004192OAK HILLS CHURCHOF CHRIST INC
134405BLANCO BUSINESSCENTER LP
171709EYES RIGHTPROPERTY LP
186060SCHERTZ MEDICALBUILDING LLC
145676SPIRIT MASTERFUNDING VIII
191853KEATTS MARKF & LORI L
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Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community41 Inch = 100 FeetVERDE HOTELDEVELOPMENT(PLVAR20230069)0 100 200 300 40050Feet
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Planned Principal Arterial
Secondary Arterial
Planned Secondary Arterial
Secondary Rural Arterial
Planned Secondary Rural Arterial
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Commercial Collector B
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Highways
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Other Cities
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17720VERDE PKWY(191853)
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City Lim it Bounda ry
La st Upda te:April 25, 2023
“T h e City of Sch ertz provides th is Geogra ph ic Inform a tion System product "a s is" with out a ny express or im pliedwa rra nty of a ny kind including b ut not lim ited to th e im plied wa rra nties of m erch a nta b ility a nd fitness for a pa rtic ula r purpose.In no event sh a ll T h e City of Sch ertz b e lia b le for a ny specia l, indirect or consequentia l da m a ges or a ny da m a ges wh a tsoever a rising out of or in connec tionwith th e use of or perform a nce of th ese m a teria ls. Inform a tion publish ed in th is produc t c ould include tech nica l ina ccura c ies or typogra ph ica l errors. Periodic a lch a nges m a y b e m a de a nd inform a tion m a y b e a dded to th e inform a tion h erein. T h e City of Sch ertz m a y m a ke im provem ents a nd/or c h a nges in th e product(s)describ ed h erein a t a ny tim e.”
City of Sch ertz, GIS Depa rtm ent, gis@sch ertz.com
1 2 3 4 7 8 10 14 15 16 17 1913911 2012 21 22.8 23 24562218
D C.3 A.4 A
1256781014151617181391119122022.82324 342122
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FINISH LEGEND:
300 20th Street N, Ste 100
Birmingham, AL 35203
(205) 323-6385
www.mbasei.com
14817 West 95th Street
Lenexa, KS 66215
(915) 322-5150
www.acertusgroup.com
8730 Cincinnati Dayton Road, Ste 8170
West Chester, OH 45069
(513) 705-9217
www.alamedaarchitecture.com
DRAWING TITLE:
PROJECT #:
DATE:
REV DESCRIPTION DATE
23011
PROJECT LOCATION
VERDE ENTERPRISE BUSINESS PARK
UNIT 10-B
LOT 7, BLOCK 12
17648 VERDE PARKWAY
SCHERTZ, TX 78156
MBA
Architectural Firm # BR 4739
Firm # 11902
BUILDING ELEVATIONS
A5.01
1
3
Scale:1 WEST ELEVATION
3/32"=1'-0"
Scale:3 SOUTH ELEVATION
3/32"=1'-0"
Scale:2 EAST ELEVATION
3/32"=1'-0"
2
4
Scale:4 NORTH ELEVATION
3/32"=1'-0"