| BOARD OF ADJUSTMENT MEETING: 07/08/2024 Agenda Item 5 B |
| TO: | Board of Adjustment |
| PREPARED BY: | Daisy Marquez, Senior Planner |
| CASE: | {ud_fi1} |
| SUBJECT: | PLVAR20240139 – Conduct a public hearing and consider a request for a variance to Ordinance 07-S-14 A, Verde Enterprise Business Park PDD, Section VI- Amendments to Sign Standards, to allow properties within the Verde Enterprise Business Park PDD to utilize the provisions of Article 11-Signs and Advertising, of the City of Schertz Unified Development Code (UDC) as amended, known as Comal Property Identification Numbers 361995, 385226, 371452, and 383085, and Guadalupe Property Identification Numbers 137506, 171708, 64632, 64735, 135307, 144953, 171706, 199144, 199145, 186060, a portion of 186056, 186055, 131217, 131215, 171710, 171709, 148342, 191853, 145676, 148341, 134227, 134405, 134404, 166838, 166839, 166876, 191853, City of Schertz, Comal and Guadalupe County, Texas. |
GENERAL INFORMATION:
Applicant: City of Schertz
REQUEST
The City of Schertz, Planning Division requests a variance, on behalf of all properties within the Verde Enterprise Business Park PDD as described in Ordinance 07-S-14 A, to utilize the City of Schertz Unified Development Code Article 11- Signs and Advertising, as amended.
PUBLIC NOTICE:
The public hearing notice was published in the "San Antonio Express" on June 19, 2024. There were fifty-one (51) notices mailed to surrounding property owners on June 21, 2024. At the time of this staff report, staff has received one (1) response in favor, zero (0) responses neutral, and zero (0) responses in opposition.
ITEM SUMMARY:
The Verde Enterprise Business Park PDD, also known as Ordinance 07-S-14A, was approved in 2007. Under Section II- General Development Standards, the PDD stipulates as seen below:
Unless otherwise 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.
This statement restricts the development within the Verde Enterprise Business Park PDD to the Unified Development Code exactly as it was adopted in 2007. In 2007, the City of Schertz was using the Unified Development Code adopted in 1996 for development applications. The Unified Development Code was adopted with Ordinance 96-S-28 in September 1996. Section IX- Signs of the 1996 UDC was amended twice with Ordinance 02-S-02 in February 2002 and Ordinance 06-S-29 in June 2006. Although there was a major Unified Development Code Update in 2009, all development within the Verde Enterprise Business Park PDD is restricted to the 1996 UDC if a section is not amended by the PDD.
Since 2013, there have been a total of eight (8) sign variances that have come to the Board of Adjustment and were approved within the Verde Enterprise Park Planned Development District. All variances were approved on the basis that the proposed signs met the current Unified Development Code sign regulations.
Since 2013, there have been a total of eight (8) sign variances that have come to the Board of Adjustment and were approved within the Verde Enterprise Park Planned Development District. All variances were approved on the basis that the proposed signs met the current Unified Development Code sign regulations.
| Board of Adjustment Meeting Date |
Variance Application | Sign Variance |
|---|---|---|
| September 23, 2013 | BOA 2013-008 | Wall Signs |
| September 28, 2015 | BOA 2015-006 BOA 2015-007 BOA 2015-008 |
Wall Signs Multi-Tenant Sign Multi-Tenant Sign |
| August 27, 2018 | BOA 2018-006 | Wall Signs |
| July 8, 2019 | BOA 2019-001 | Wall Signs |
| July 27, 2020 | BOA 2020-001 | Wall Signs |
| June 5, 2023 | PLVAR20230069 | Wall Signs |
SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING:
The subject property is approximately 210 acres located generally at the northeast corner of Schertz Parkway and IH-35 N Access Road.
Adjacent Properties:
| Existing Zoning | Land Use |
| Planned Development District (PDD) | Verde Enterprise Business Park PDD; Industrial and Commercial Uses |
Adjacent Properties:
| Zoning | Land Use | |
| North | Right-of-Way and Manufacturing District-Light (M-1) | Lookout Road & Enterprise Industrial Park |
| South | Right-of-Way and General Business District (GB) | IH-35 N Access Road and |
| East | General Business District (GB) & Manufacturing District-Light (M-1) | Commercial and Industrial |
| West | Outside City Limits | City of Selma |
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;
The requested variance would allow all subject properties within the Verde Enterprise Business Park PDD to utilize the City of Schertz Unified Development Code Article 11- Signs and Advertising, as amended. This does not violate the intent of the UDC or its amendments as it would require all properties within the Verde Enterprise Business Park PDD to utilize the same sign standards as all other properties within the City of Schertz with straight zoning.
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;
The properties within the Verde Enterprise Business Park PDD are currently subject to the Planned Development District sign regulations which only allow for smaller and stricter sign regulations than what is presently permitted in Article 11-Signs and Advertising of the Unified Development Code. Additionally, Staff has received frequent requests for development within the Verde Enterprise Business Park PDD to meet the current Unified Development Code- Article 11- Signs and Advertising, as amended, as it is more clear and consistent with current development.
3. The hardship is the result of the applicant's own actions; or
The hardship is not a result of the applicant's actions. The Planned Development District was established for these properties in 2007 and all development applications have been held to the PDD standards, except for the sign variances that this board has granted. Sign variances for properties in the Verde Enterprise Business Park PDD were approved in 2013, 2015, 2018, 2019, 2020, and 2023 for a total of eight (8) sign variances.
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 interpretation of the provisions in this UDC or any amendments would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. If this variance is granted, then all properties within the Verde Enterprise Business Park PDD will be held to the sign standards of the Unified Development Code Article 11- Signs and Advertising, as amended. These are the same standards that all other properties within the City of Schertz are held to.
1. The requested variance does not violate the intent of the UDC or its amendments;
The requested variance would allow all subject properties within the Verde Enterprise Business Park PDD to utilize the City of Schertz Unified Development Code Article 11- Signs and Advertising, as amended. This does not violate the intent of the UDC or its amendments as it would require all properties within the Verde Enterprise Business Park PDD to utilize the same sign standards as all other properties within the City of Schertz with straight zoning.
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;
The properties within the Verde Enterprise Business Park PDD are currently subject to the Planned Development District sign regulations which only allow for smaller and stricter sign regulations than what is presently permitted in Article 11-Signs and Advertising of the Unified Development Code. Additionally, Staff has received frequent requests for development within the Verde Enterprise Business Park PDD to meet the current Unified Development Code- Article 11- Signs and Advertising, as amended, as it is more clear and consistent with current development.
3. The hardship is the result of the applicant's own actions; or
The hardship is not a result of the applicant's actions. The Planned Development District was established for these properties in 2007 and all development applications have been held to the PDD standards, except for the sign variances that this board has granted. Sign variances for properties in the Verde Enterprise Business Park PDD were approved in 2013, 2015, 2018, 2019, 2020, and 2023 for a total of eight (8) sign variances.
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 interpretation of the provisions in this UDC or any amendments would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. If this variance is granted, then all properties within the Verde Enterprise Business Park PDD will be held to the sign standards of the Unified Development Code Article 11- Signs and Advertising, as amended. These are the same standards that all other properties within the City of Schertz are held to.
STAFF ANALYSIS AND RECOMMENDATION:
Staff recommends approval of PLVAR20240139 to allow the utilization of the Unified Development Code Article 11, as amended in the Verde Enterprise Park Planned Development District.
Attachments
- Aerial Exhibit
- Public Hearing Notice Map
- Public Hearing Responses
- Ordinance 07-S-14A Verde Enterprise Business Park PDD