| PLANNING AND ZONING COMMISSION MEETING: 06/03/2026 Agenda Item 6 C |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | Emily Delgado, Planning Manager |
| CASE: | PLVAR20260129 |
| SUBJECT: | PLVAR20260129 Sign Waiver- Consider and act upon a request for a waiver in relation to a freestanding ground sign on Lot 7, Block 1 of the Schertz Station Subdivision, approximately 3.04 acres of land located at 18406 IH 35 N, more specifically known as Guadalupe County Property Identification Number 203794, City of Schertz, Texas. |
GENERAL INFORMATION:
Owner: Schertz Station LTD.
Applicant: Britney Christy, Merit
Applicant: Britney Christy, Merit
ITEM SUMMARY:
The Schertz City Council passed updates to Article 11 - Signs and Advertising Devices on June 17, 2025, as Ord. 25-S-024. In these updates, is Section 21.11.15 Waivers. This section allows applicants the opportunity to request waivers from the sign standards in extenuating circumstances. These requests are then decided upon by the Schertz Planning and Zoning Commission.
The applicant intends to construct a freestanding ground sign at 18406 IH 35, Schertz Station Lot 7, Block 1. Based on the proposed sign, the applicant is requesting waivers to one section of UDC Article 11, identified below:
UDC Article 11, Section 21.11.10 Freestanding Signs, specifically maximum area:
The applicant intends to construct a freestanding ground sign at 18406 IH 35, Schertz Station Lot 7, Block 1. Based on the proposed sign, the applicant is requesting waivers to one section of UDC Article 11, identified below:
UDC Article 11, Section 21.11.10 Freestanding Signs, specifically maximum area:
- Based on the property location on IH 35, the maximum area for a freestanding sign is 250 square feet. The proposed sign is 35 feet by 13 feet, 6 inches for a total area of 472.5 square feet, nearly double the allowable area. The waiver request is to exceed the maximum allowable area by 222.5 square feet. For size reference, the billboard on IH 35 that advertises the City of Schertz is 14 feet by 48 feet, for a total area of 672 square feet.
GENERAL LOCATION AND SITE DESCRIPTION:
The site is 18406 IH 35, otherwise known as Lot 7, Block 1 of the Schertz Station Subdivision. Schertz Station is a larger mixed-use subdivision consisting of multifamily housing and restaurant / retail sites on the corner of Cibolo Valley Drive and IH 35. Schertz Station Lot 7, Block 1 is located at the hard corner of Cibolo Valley Drive and IH 35, and also has frontage on Merit Ln. The subject property has three roadway frontages.
PUBLIC IMPROVEMENTS:
There is no public infrastructure associated with this sign waiver request.
STAFF ANALYSIS AND RECOMMENDATION:
The Planning and Zoning Commission uses the criteria in 21.11.15 for sign waivers and staff use the same for our analysis.
21.11.15.B has the following considerations:
21.11.15.C has the following considerations:
Additional Considerations in relation to previous waivers granted and denied for the site:
At the April 1, 2026, Planning and Zoning Commission, the applicant presented waiver requests for both Lot 7 (PLVAR20260066) and Lot 2 (PLVAR20260065). Specifically, for Lot 7, the waiver request included modifications to two different sections within UDC Article 11. Section 21.11.10 in relation to maximum area for a freestanding ground signs, and Section 21.11.6 for off-premise signs. At the April 1st meeting, the Planning and Zoning Commission provided the following determinations:
Granting the waiver, as requested by the applicant, is an inconsistent interpretation of the UDC, specifically allowing larger signage than would be permitted within the City of Schertz for businesses / developments along IH 35 and IH 10. If the applicant desired to have increased signage on Lot 7, those considerations could have been incorporated into the Planned Development District design standards for the subdivision.
Additional Considerations in relation to maximum allowable area:
In relation to the waiver request to Article 11, Section 21.11.10, specifically the maximum area, was updated via the 2025 UDC amendment. This amendment, approved by City Council, stipulated the height and area that was deemed appropriate for properties along IH 35 and IH 10. Prior to the 2025 amendment, the proposed sign would have been considered a multi-tenant sign with a maximum allowable area of 150 square feet. The 2025 UDC amendment eliminated multi-tenant signs so that all multi-tenant signs would then be considered freestanding signs. This increased the maximum allowable for this property to be 250 square feet, an additional 100 square feet of signage than what would have been allowed in 2025.
The proposed signage is for a 35 foot tall by 13 feet, 6 inches wide sign for a total of 472.5 square feet. The request is to have an additional 222.5 square feet of signage, almost double, than what is permitted. Based on the waiver request form submitted by the applicant this increase is necessary due to varying elevations and vertical grade changes and to address site-specific topographic and logistical constraints. From staffs analysis it does not appear that there are elevation / vertical grade changes and topographic challenges that are unique to this property that would warrant a sign of this magnitude.
In April of 2026 the applicant submitted a similar waiver request for this property to have an increased maximum area for a freestanding sign. In that request, the proposed sign was approximately 40 foot tall, 19 feet wide for a proposed sign area of 760 square feet. During that waiver request, the applicant expressed very similar reasoning behind the justification for the increased maximum area (increased viability due to varying elevations and vertical grade changes). When the Planning and Zoning Commission acted upon that waiver request, the Commission determined that the elevations / grade changes did not warrant a freestanding ground sign of the proposed size.
The applicant's justifications for this request are the same, needing increased maximum area due to elevation and vertical grade changes. With this waiver application, the applicant was able to reduce the proposed signage from 760 square feet to the now proposed 472.5 square feet with the "varying elevation and vertical grade changes", a reduction of 287.5 square feet. If a reduction in the square footage proposed for the sign was able to be reduced for this sign waiver application, what is deterring the proposed sign from meeting the maximum sign area now? The other leased buildings within the Schertz Station development were able to meet the code requirements and successfully advertise their multiple tenants.
As staff previously stated for the waiver request in April of 2026, staff would like to note that if this waiver is approved by the Planning and Zoning Commission or City Council, staff will be recommending a UDC amendment for Article 11 to increase the maximum allowable area for all signage. In addition to proposing modifications to the sign waiver UDC requirements. In an effort to follow the City of Schertz core values, and do the right thing, if the waiver is approved here where staff feels there are no unique challenges, then all businesses along IH 35 and IH 10 or other roadways should also be allowed to have larger signage. Based on staff's evaluation, the subject property is not unique in relation to requiring or necessitating larger signage, and therefore, if the waiver is approved, then larger signage should be allowed elsewhere. If the waiver is approved when staff has provided concerns and recommendation of denial, and there being no special circumstances for the property, then where would the Planning and Zoning Commission or City Council say "no" to a waiver for larger signage. The majority of sign permits requested originally request larger signage. Staff makes comments that the signs need to be reduced to meet the City of Schertz standards. The majority of those businesses then comply with the standards. In other words, the majority of businesses want larger and more signs, if the pattern is for applicants to submit waiver requests to have those larger signs and those waivers get approved with little to no justification, then the UDC needs to be amended to allow all businesses to have larger to maintain consistent regulations throughout the City.
Based on staffs evaluation of the request, the site, and the waiver justification submitted by the applicant, staff is recommending denial of the requested waiver.
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.
21.11.15.B has the following considerations:
1. The nature of the proposed use of the land involved.
The Schertz Station Subdivision is a large subdivision currently zoned Planned Development District (PDD). The subdivision as a whole consists of multifamily-style housing and several retail / restaurant sites. The site for this specific waiver is part of the PDD designed for commercial / retail. As a note, the Schertz Station PDD, did not include deviations or modifications to the City of Schertz sign regulations. As part of the PDD process, the applicant could have included requested deviations to the sign regulations that would have been specific for their development, that then would have been reviewed and either approved or denied by the City Council. Since signs were not included in the PDD design standards, Schertz Station is bound to the current UDC Article 11 sign regulations for the site. The subject property went through the development process and has constructed two multi-tenant buildings for commercial / retail / restaurant uses, which are occupied / going through the tenant finish out process.
2. The location of the property in relation to roadway classification.
The property is located along IH 35, a major freeway. Based on the location of the property on IH 35, the maximum height and area for a freestanding sign are larger than what would be permitted on other roadway classifications, as seen below:
Per the Sign Code Waiver Justification form submitted by the applicant, they stated "Due to varying elevations and vertical grade changes along IH 35, the increased sign area is necessary to improve visibility for the Schertz Station development and its national credit tenants while maintaining compliance with all height requirements." Additionally, the letter states in relation to the maximum area waiver request, "The increased area is necessary to address limited interstate visibility caused by varying elevations and grade changes along IH-35." From staffs evaluation, the property location in relation to IH 35 and the stated "varying elevations and vertical grade changes" are not unique to this site and should not be a basis for an increased area of 222.5 square feet over the maximum allowable. Additionally, staff would like to note that Schertz Station Lot 6, Block 1, which is immediately adjacent to the lot for the proposed sign location, has a constructed freestanding sign that did not request a waiver to increase the maximum area. If the existing sign on Lot 6, Block 1 of Schertz Station, also located along IH 35, did not need waivers for increased area, and is located along the same IH 35 frontage, the "varying elevations and vertical grade changes" do not appear to be a constraint for advertising other tenants within Schertz Station.
It is also of note that the subject property is located at the hard corner of Cibolo Valley Drive and IH 35. Additionally, the subject property has frontage on Merit Ln. Per the UDC freestanding ground regulations, properties are permitted to have 1 freestanding sign per lot, per frontage. Since Lot 7, Block 1 has three frontages, they would be permitted to have 3 freestanding signs.
3. The existing uses of land in the vicinity.
The land uses in the vicinity consist of the remainder of the Schertz Station Subdivision which, as mentioned above, consists of multifamily-style housing and several retail / restaurant sites. The subject property is developed with two multi-tenant buildings with businesses such as Panera Bread, CAVA and multiple additional businesses in the tenant finish out process.
The Schertz Station Subdivision is a large subdivision currently zoned Planned Development District (PDD). The subdivision as a whole consists of multifamily-style housing and several retail / restaurant sites. The site for this specific waiver is part of the PDD designed for commercial / retail. As a note, the Schertz Station PDD, did not include deviations or modifications to the City of Schertz sign regulations. As part of the PDD process, the applicant could have included requested deviations to the sign regulations that would have been specific for their development, that then would have been reviewed and either approved or denied by the City Council. Since signs were not included in the PDD design standards, Schertz Station is bound to the current UDC Article 11 sign regulations for the site. The subject property went through the development process and has constructed two multi-tenant buildings for commercial / retail / restaurant uses, which are occupied / going through the tenant finish out process.
2. The location of the property in relation to roadway classification.
The property is located along IH 35, a major freeway. Based on the location of the property on IH 35, the maximum height and area for a freestanding sign are larger than what would be permitted on other roadway classifications, as seen below:
|
Freestanding Sign Standards
|
||||
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Roadway Classification
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Setback Ft.
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Max Area sq. ft.
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Max Height ft.
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Maximum Number
|
|
Interstates
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15
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250
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50
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1 per lot per frontage
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|
Farm to Market Roads
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15
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250
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35
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1 per lot per frontage
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|
All Others
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15
|
150
|
20
|
1 per lot per frontage
|
Per the Sign Code Waiver Justification form submitted by the applicant, they stated "Due to varying elevations and vertical grade changes along IH 35, the increased sign area is necessary to improve visibility for the Schertz Station development and its national credit tenants while maintaining compliance with all height requirements." Additionally, the letter states in relation to the maximum area waiver request, "The increased area is necessary to address limited interstate visibility caused by varying elevations and grade changes along IH-35." From staffs evaluation, the property location in relation to IH 35 and the stated "varying elevations and vertical grade changes" are not unique to this site and should not be a basis for an increased area of 222.5 square feet over the maximum allowable. Additionally, staff would like to note that Schertz Station Lot 6, Block 1, which is immediately adjacent to the lot for the proposed sign location, has a constructed freestanding sign that did not request a waiver to increase the maximum area. If the existing sign on Lot 6, Block 1 of Schertz Station, also located along IH 35, did not need waivers for increased area, and is located along the same IH 35 frontage, the "varying elevations and vertical grade changes" do not appear to be a constraint for advertising other tenants within Schertz Station.
It is also of note that the subject property is located at the hard corner of Cibolo Valley Drive and IH 35. Additionally, the subject property has frontage on Merit Ln. Per the UDC freestanding ground regulations, properties are permitted to have 1 freestanding sign per lot, per frontage. Since Lot 7, Block 1 has three frontages, they would be permitted to have 3 freestanding signs.
3. The existing uses of land in the vicinity.
The land uses in the vicinity consist of the remainder of the Schertz Station Subdivision which, as mentioned above, consists of multifamily-style housing and several retail / restaurant sites. The subject property is developed with two multi-tenant buildings with businesses such as Panera Bread, CAVA and multiple additional businesses in the tenant finish out process.
21.11.15.C has the following considerations:
1. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area
The proposed signage may not necessarily be detrimental to public health, safety, or welfare. However, the proposed signage does not align with the City of Schertz core values. One of the City of Schertz core values is "Do the right thing." The proposed signage does not promote the core value of "doing the right thing" to other properties along IH 35 that have met the UDC requirements for signage for their businesses.
Additionally, the City Council adopted the updated UDC Article 11 in June 2025. The intent of the updated UDC amendment was to allow greater flexibility / increased signage specifically for properties along major roadway classifications. Based on the UDC amendment in 2025, the City Council set the standards that would be applicable for properties along IH 35 and determined that the set allowable maximum height and area was appropriate. With the 2025 UDC Article 11 amendment, it removed the designation for "Multi-tenant signs". In the previous UDC requirements for multi-tenant signs, the maximum height allowed was 20 feet with a maximum area of 150 square feet. The proposed sign prior to the ordinance amendment would have been considered a multi-tenant sign and would have utilized those size limitations. The 2025 UDC amendment increased what would have been allowable to the now current standard, which again increased the maximum allowable area to twice as much as was previously allowed.
The proposed sign could be considered injurious to other property in the area in relation to site visibility of other properties along IH 35 and Cibolo Valley Drive. The scale of the proposed sign at 472.5 square feet is significant compared to existing signs along IH 35, including existing signs within the Schertz Station development. Schertz Station has a total of seven (7) lots that have frontage on IH 35. In communication with the applicant, Schertz Station is currently proposing to have signs on each of the 7 lots. The proposed 472.5 square feet freestanding sign on Lot 7 is only one of those proposed 7 signs along IH 35.
2. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties with the same land use that would comply with the same provisions.
The property in question, Schertz Station Lot 7, Block 1, is not necessarily unique in location in relation to other properties located along IH 35. The UDC Article 11 sign regulations are in place to ensure cohesive development, including cohesive signage throughout the City of Schertz. The same provisions that the property in question is required to meet are the same provisions that any new signage along IH 35 or IH 10 would be required to meet. Granting the waiver, as requested by the applicant, is an inconsistent interpretation of the UDC that favors one specific development over other developments or businesses that have applied for sign permits and made revisions to ensure their signs meet the requirements of the UDC as approved by City Council. Granting this waiver is not in alignment with the City of Schertz Core Values.
The proposed signage may not necessarily be detrimental to public health, safety, or welfare. However, the proposed signage does not align with the City of Schertz core values. One of the City of Schertz core values is "Do the right thing." The proposed signage does not promote the core value of "doing the right thing" to other properties along IH 35 that have met the UDC requirements for signage for their businesses.
Additionally, the City Council adopted the updated UDC Article 11 in June 2025. The intent of the updated UDC amendment was to allow greater flexibility / increased signage specifically for properties along major roadway classifications. Based on the UDC amendment in 2025, the City Council set the standards that would be applicable for properties along IH 35 and determined that the set allowable maximum height and area was appropriate. With the 2025 UDC Article 11 amendment, it removed the designation for "Multi-tenant signs". In the previous UDC requirements for multi-tenant signs, the maximum height allowed was 20 feet with a maximum area of 150 square feet. The proposed sign prior to the ordinance amendment would have been considered a multi-tenant sign and would have utilized those size limitations. The 2025 UDC amendment increased what would have been allowable to the now current standard, which again increased the maximum allowable area to twice as much as was previously allowed.
The proposed sign could be considered injurious to other property in the area in relation to site visibility of other properties along IH 35 and Cibolo Valley Drive. The scale of the proposed sign at 472.5 square feet is significant compared to existing signs along IH 35, including existing signs within the Schertz Station development. Schertz Station has a total of seven (7) lots that have frontage on IH 35. In communication with the applicant, Schertz Station is currently proposing to have signs on each of the 7 lots. The proposed 472.5 square feet freestanding sign on Lot 7 is only one of those proposed 7 signs along IH 35.
2. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties with the same land use that would comply with the same provisions.
The property in question, Schertz Station Lot 7, Block 1, is not necessarily unique in location in relation to other properties located along IH 35. The UDC Article 11 sign regulations are in place to ensure cohesive development, including cohesive signage throughout the City of Schertz. The same provisions that the property in question is required to meet are the same provisions that any new signage along IH 35 or IH 10 would be required to meet. Granting the waiver, as requested by the applicant, is an inconsistent interpretation of the UDC that favors one specific development over other developments or businesses that have applied for sign permits and made revisions to ensure their signs meet the requirements of the UDC as approved by City Council. Granting this waiver is not in alignment with the City of Schertz Core Values.
Additional Considerations in relation to previous waivers granted and denied for the site:
At the April 1, 2026, Planning and Zoning Commission, the applicant presented waiver requests for both Lot 7 (PLVAR20260066) and Lot 2 (PLVAR20260065). Specifically, for Lot 7, the waiver request included modifications to two different sections within UDC Article 11. Section 21.11.10 in relation to maximum area for a freestanding ground signs, and Section 21.11.6 for off-premise signs. At the April 1st meeting, the Planning and Zoning Commission provided the following determinations:
- Denial of the request for increased maximum freestanding ground sign area. The previously proposed sign had a proposed area of 760 square feet, with a height of 40 feet and width of 19 feet.
- Approval of the requested off-premise sign to allow for businesses not located on Lot 7 to advertise on the freestanding ground sign on Lot 7. This was specifically so that the Schertz Station anchor tenant, The Home Depot, could have signage along IH 35.
Granting the waiver, as requested by the applicant, is an inconsistent interpretation of the UDC, specifically allowing larger signage than would be permitted within the City of Schertz for businesses / developments along IH 35 and IH 10. If the applicant desired to have increased signage on Lot 7, those considerations could have been incorporated into the Planned Development District design standards for the subdivision.
Additional Considerations in relation to maximum allowable area:
In relation to the waiver request to Article 11, Section 21.11.10, specifically the maximum area, was updated via the 2025 UDC amendment. This amendment, approved by City Council, stipulated the height and area that was deemed appropriate for properties along IH 35 and IH 10. Prior to the 2025 amendment, the proposed sign would have been considered a multi-tenant sign with a maximum allowable area of 150 square feet. The 2025 UDC amendment eliminated multi-tenant signs so that all multi-tenant signs would then be considered freestanding signs. This increased the maximum allowable for this property to be 250 square feet, an additional 100 square feet of signage than what would have been allowed in 2025.
The proposed signage is for a 35 foot tall by 13 feet, 6 inches wide sign for a total of 472.5 square feet. The request is to have an additional 222.5 square feet of signage, almost double, than what is permitted. Based on the waiver request form submitted by the applicant this increase is necessary due to varying elevations and vertical grade changes and to address site-specific topographic and logistical constraints. From staffs analysis it does not appear that there are elevation / vertical grade changes and topographic challenges that are unique to this property that would warrant a sign of this magnitude.
In April of 2026 the applicant submitted a similar waiver request for this property to have an increased maximum area for a freestanding sign. In that request, the proposed sign was approximately 40 foot tall, 19 feet wide for a proposed sign area of 760 square feet. During that waiver request, the applicant expressed very similar reasoning behind the justification for the increased maximum area (increased viability due to varying elevations and vertical grade changes). When the Planning and Zoning Commission acted upon that waiver request, the Commission determined that the elevations / grade changes did not warrant a freestanding ground sign of the proposed size.
The applicant's justifications for this request are the same, needing increased maximum area due to elevation and vertical grade changes. With this waiver application, the applicant was able to reduce the proposed signage from 760 square feet to the now proposed 472.5 square feet with the "varying elevation and vertical grade changes", a reduction of 287.5 square feet. If a reduction in the square footage proposed for the sign was able to be reduced for this sign waiver application, what is deterring the proposed sign from meeting the maximum sign area now? The other leased buildings within the Schertz Station development were able to meet the code requirements and successfully advertise their multiple tenants.
As staff previously stated for the waiver request in April of 2026, staff would like to note that if this waiver is approved by the Planning and Zoning Commission or City Council, staff will be recommending a UDC amendment for Article 11 to increase the maximum allowable area for all signage. In addition to proposing modifications to the sign waiver UDC requirements. In an effort to follow the City of Schertz core values, and do the right thing, if the waiver is approved here where staff feels there are no unique challenges, then all businesses along IH 35 and IH 10 or other roadways should also be allowed to have larger signage. Based on staff's evaluation, the subject property is not unique in relation to requiring or necessitating larger signage, and therefore, if the waiver is approved, then larger signage should be allowed elsewhere. If the waiver is approved when staff has provided concerns and recommendation of denial, and there being no special circumstances for the property, then where would the Planning and Zoning Commission or City Council say "no" to a waiver for larger signage. The majority of sign permits requested originally request larger signage. Staff makes comments that the signs need to be reduced to meet the City of Schertz standards. The majority of those businesses then comply with the standards. In other words, the majority of businesses want larger and more signs, if the pattern is for applicants to submit waiver requests to have those larger signs and those waivers get approved with little to no justification, then the UDC needs to be amended to allow all businesses to have larger to maintain consistent regulations throughout the City.
Based on staffs evaluation of the request, the site, and the waiver justification submitted by the applicant, staff is recommending denial of the requested waiver.
| Planning Department Recommendation | |
| Approve as submitted | |
| Approve with conditions* | |
| X | Denial |
COMMISSIONERS CRITERIA FOR CONSIDERATION:
Unified Development Code Sec. 21.11.15 - Waivers
A. The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest.
B. In making their findings, the Planning and Zoning Commission shall take into account the following:
C. Waivers shall not be granted unless the Planning and Zoning Commission finds:
A. The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest.
B. In making their findings, the Planning and Zoning Commission shall take into account the following:
1. The nature of the proposed use of the land involved.
2. The location of the property in relation to roadway classification.
3. The existing uses of land in the vicinity.
2. The location of the property in relation to roadway classification.
3. The existing uses of land in the vicinity.
C. Waivers shall not be granted unless the Planning and Zoning Commission finds:
1. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and
2. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties with the same land use that would comply with the same provisions.
2. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties with the same land use that would comply with the same provisions.
Attachments
- PLVAR20260129- Sign Waiver Justificaiton Documentation Provided by Applicant
- ORDINANCE 25-S-024 with Exhibits