2015-165s:Uegakour documents \ordinances \15\sd 13 -0003 ordinance.docx
ORDINANCE NO. 2015 -165
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A SPECIAL SIGN
DISTRICT ZONING OVERLAY ON AN APPROXIMATELY 69.83 ACRE PROPERTY
GENERALLY LOCATED IN THE AREA BOUND BY SOUTH I -35E TO THE SOUTH, SAN
JACINTO BOULEVARD TO THE WEST, COLORADO BOULEVARD TO THE NORTH,
AND SOUTH LOOP 288 TO THE EAST, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICAL ZONING MAP;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (SD13 -0003)
WHEREAS, GTM Development Ltd., property owner, has applied for a Special Sign
District on approximately 69.83 acres of land legally described in Exhibit "A ", attached hereto
and incorporated herein by reference (hereinafter, the "Property "); and
WHEREAS, on April 22, 2015, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and
otherwise, and have held due hearings and afforded full and fair hearings to all property owners
interested in this regard, and have recommended approval with conditions (7 -0) of the Special
District; and
WHEREAS, on June 2, 2015, the City Council likewise conducted a public hearing as
required by law, and finds that the request, with conditions, meets and complies with all
substantive and procedural standards set forth in Section 33.18 of the Denton Code of
Ordinances, and is consistent with Denton Plan 2030 and the Denton Code of Ordinances; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for Special Sign District on the property, have determined
that the proposed use is in the best interest of the health, safety, morals, and general welfare of
the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and
finds that said Special Sign District is in the public interest and should be granted as set forth
herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The underlying Regional Center Commercial Downtown (RCC -D) zoning
district and use classification of the Property is hereby granted a Special Sign District overlay,
subject to the following condition:
1. The regulations of temporary and wind device signs within the Sign Code shall be
applied to the district as a whole, rather that each individual parcel within the subject
property.
SECTION 3. The City's official zoning map is hereby amended to show the overlay to
the underlying Regional Center Commercial Downtown (RCC -D) zoning district and use
classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton
Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the 2 day of , 2015.
. .............
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
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ANITA BURGESS, CITY ATTORNEY
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Exhibit A
Legal Description
STATE OF TEXAS
COUNTY OF DENTON
BEING A TRACT OF LAND SITUATED IN THE J.W. MCGOWAN SURVEY, ABSTRACT
NO. 797, R.H. HOPKINS SURVEY, ABSTRACT NO. 1694, J.S. TAFT SURVEY,
ABSTRACT NO. 1264 AND BEING ALL OF LOT 1R1 AND 7R3, BLOCK 1 OF THE
GOLDEN TRIANGLE ADDITION, AN ADDITION TO THE CITY OF DENTON BY PLAT
RECORDED IN DOCUMENT NUMBER 2014 -236, OF THE OFFICIAL PUBLIC RECORDS
OF DENTON COUNTY, TEXAS (O.P.R.D.C.T.), BEING ALL OF LOT 7R2, BLOCK 1, OF
THE GOLDEN TRIANGLE ADDITION, AN ADDITION TO THE CITY OF DENTON BY
PLAT RECORDED IN DOCUMENT NUMBER 2012 -255, (O.P.R.D.C.T.), BEING ALL OF
LOTS 3, 4, 5, 9 AND 10, BLOCK 1, OF THE GOLDEN TRIANGLE ADDITION, AN
ADDITION TO THE CITY OF DENTON BY PLAT RECORDED IN CABINET B, PAGE
124, OF THE PLAT RECORDS, DENTON COUNTY, TEXAS (P.R.D.C.T.), BEING ALL OF
LOT 11, BLOCK 1, OF THE GOLDEN TRIANGLE ADDITION, AN ADDITION TO THE
CITY OF DENTON BY PLAT RECORDED IN VOLUME B, PAGE 350, (P.R.D.C.T.), AND
BEING ALL OF LOT 14R, BLOCK 1, OF THE GOLDEN TRIANGLE ADDITION, AN
ADDITION TO THE CITY OF DENTON BY PLAT RECORDED IN DOCUMENT NUMBER
2010 -127, (O.P.R.D.C.T.):
Exhibit B
GOLDEN TRIANGLE MALL SIGN PLAN
Article I In General
Article II Sign Regulations
Exhibit I Sign District Site Plan (Two Pages)
Exhibit II Sign District Plan Elevations and Existing Sign Photos (10 Pages)
Exhibit III Permitted Relocations Due to Eminent Domain
Article I. IN GENERAL
Sec 1.1 Titles, Purpose, and Intent.
(a) A Special Sign District shall be created by ordinance to be known as the Golden Triangle
Mall Special Sign District (SD13 -0003) (hereinafter the GTMSSD). The boundaries of
the GTMSSD are that portion of the Golden Triangle Addition, Block 1, located at 2201
South Interstate 35 East that is enclosed within the boundaries set forth in Exhibit I,
which is attached to this plan and incorporated by reference herein, comprised of
approximately eleven (11) lots: 1R1, 3 -5, 7R2, 7R3, 8 -11, and 14R, and generally
described as the property bounded to the south by Interstate 35E, to the west by San
Jacinto Boulevard, to the North by Colorado Boulevard, and to the east by Loop 288,
specifically excluding Lots 12R and 13 of the Golden Triangle Addition Second Filing
Block 1 and Lot 15R of the Golden Triangle Addition, which are currently owned or
controlled by Triton Denton Ef, LLC; the Apostal, Kathy B Trust; and JP Morgan Chase
Bank NA.
(b) The purpose and intent of the creation of the GTMSSD is to grant and regulate a signage
plan that will allow properties within the GTMSSD to deviate from the sign regulations
of Chapter 33 of the Denton Code of Ordinances (Denton Sign Code), as amended, in
compliance with an alternative comprehensive plan that is standardized in design, and
which is equal to or superior to what could be accomplished under the standard
regulations of the Denton Sign Code, as amended, in the promotion of a safe and
commercially active environment. The GTMSSD will encourage a reduced number of
ground signs that are consolidated, streamlined, and aesthetically pleasing.
(c) Except as otherwise provided for in this Sign Plan, all signs in the GTMSSD must
comply with the Denton Sign Code, as amended. In the event of a conflict between the
GTMSSD and the Denton Sign Code, as amended, that are not mandated by state or
federal law, the requirements set forth in the GTMSSD apply.
(d) All signage defined herein may be deemed to be dual faced.
Sec 1.2 Definitions.
Signs referenced herein shall be defined as consistent with Chapter 33.2 of the Denton Sign
Code, as amended, including the following:
Maximum Effective Area. The area enclosed by the smallest imaginary regular shape (e.g.,
parallelogram, triangle, circle, trapezoid) or combination of regular shapes that will encompass
the extreme limits of the writing, representation, emblem, or other display, together with any
material or color forming as integral part of the display or used to differentiate the sign from the
backdrop or structure against which it is placed. Effective area includes such features as
decorative or ornamental elements or features, borders, trims, as well as supporting structure,
which is used solely for support of the sign, such as poles, columns and cable, or decorative
fence, screening device or wall. For example, with a maximum effective area of a sign being 80
square feet, the sign face and structure (as described above) could total a maximum of 80 square
feet per side.
Article II. SIGN REGULATIONS
Section 2.1 Types of Signs Allowed.
Ground signs are allowed within the GTMSSD once a permit is obtained in compliance with
Section 33.9 of the Denton Sign Code, as amended, and the standards as specified herein are met.
Ground signs located in the GTMSSD may only be used to promote businesses within the
GTMSSD.
Section 2.2 Prohibited Signs.
Signs prohibited within the district shall be as consistent with Chapter 33.4 of the Denton Sign
Code, as amended.
Section 2.3 Number of Signs Allowed.
The number of ground signs allowed is limited to those shown on Exhibit I.
Section 2.4 Maximum Effective Area Allowed.
The maximum effective area of ground signs within the GTMSSD, including the supporting
structure, shall be as follows:
Sign Al
310 sq. ft.
Sign A2
1,260 sq. ft.
Sign A3
1,160 sq. ft.
Signs B1 -B7
175 sq. ft.
Signs C1 -C6
80 sq. ft.
Sign D1 -D2
80 sq. ft.
Sign El
40 sq. ft.
Sign E2
80 sq. ft.
Sign E3
80 sq. ft.
Sign E4
55 sq. ft.
Sign F1
80 sq. ft.
Section 2.5 Maximum Height Allowed.
The maximum height of ground signs within the district shall be as follows:
Sign Al
30 ft.
Sign A2
60 ft.
Sign A3
60 ft.
Type B
8 ft.
Type C
8 ft.
Type D
11 ft.
Sign E1
14 ft.
Sign E2
32 ft.
Sign E3
8 ft.
Sign E4
6 ft.
Sign 171
8 ft.
Section 2.6 Location & Minimum Setbacks of Ground Signs.
The location and minimum setbacks of ground signs shall be regulated as follows:
2.6.1 Sign Al.
There shall be a maximum total of one Sign Al within GTMSSD. Sign Al shall be
located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of S
Loop 288.
2.6.2 Sign A2.
There shall be a maximum total of one Sign A2 within GTMSSD. Sign A2 shall be
located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of the
S I -35E frontage road. Sign A2 may be relocated to the general location designated in
Exhibit III upon right -of -way acquisition for the I -35 expansion project without
amending the Sign Plan.
2.6.3 Sign A3.
There shall be a maximum total of one Sign A3 within GTMSSD. Sign A3 shall be
located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of the
S I -35E frontage road. Sign A3 may be relocated to the general location designated in
Exhibit III upon right -of -way acquisition for the I -35 expansion project without
amending the Sign Plan.
2.6.4 Type B Signs.
There shall be a maximum total of seven Type B signs within GTMSSD. Type B signs
shall be located as shown on Exhibit I. There shall be no minimum setback from the
interior mall road. Signs B1 and B2 may be relocated to the general location designated
in Exhibit III upon right -of -way acquisition for the I -35 expansion project without
amending the Sign Plan.
2.6.5 Type C Signs.
There shall be a maximum total of six Type C signs within GTMSSD. Type C signs shall
be located as shown on Exhibit I, with a minimum setback of 20 ft. from all public
rights -of -way. Signs C1 and C2 may be relocated to the general location designated in
Exhibit III upon right -of -way acquisition for the I -35 expansion project without
amending the Sign Plan.
2.6.6 Type D Signs.
There shall be a maximum total of two Type D signs within GTMSSD. Type D signs
shall be located as shown on Exhibit I, with a minimum setback of 20 ft. from all public
rights -of -way.
2.6.7 Sign E1.
Sign E1 is an existing sign permitted prior to the consideration of GTMSSD.
Replacement or relocation the sign from its existing location shall be in accordance with
Section 2.7.2 of this document.
2.6.8 Sign E2.
Sign E2 is an existing sign permitted prior to the consideration of GTMSSD. In the event
that the tenant lease in place at the time of the adoption of the GTMSSD expires, Sign E2
shall be removed immediately at the owner's and /or tenant's expense. Until Sign E2 is
removed in accordance with this paragraph, no additional sign permits, including a permit
to re -face a sign, shall be authorized within the GTMSSD.
2.6.9 Sign E3.
Sign E3 is an existing sign permitted prior to the consideration of GTMSSD.
Replacement or relocation the sign from its existing location shall be in accordance with
Section 2.7.2 of this document.
2.6.10 Sign E4.
Sign E4 is an existing sign permitted prior to the consideration of GTMSSD.
Replacement or relocation the sign from its existing location shall be in accordance with
Section 2.7.2 of this document.
2.6.11 Sign Fl.
There shall be a maximum total of one Sign 171 within GTMSSD. Sign F1 shall be
located as shown on Exhibit I, with a minimum setback of 20 ft. from the curbline of the
S I -35E frontage road. Signs F1 may be relocated to the general location designated in
Exhibit III upon right -of -way acquisition for the I -35 expansion project without
amending the Sign Plan,
Section 2.7 Construction.
The construction of ground signs shall be regulated as follows:
2.7.1 Signs Al -A3, B1 -B7, C1 -C6, D1 -D2, Fl.
Signs Al-A3, B 1 -B7, Cl-C6, DI-D2, and F1 shall be generally constructed to comply
with the Sign District elevations in Exhibit II, which is attached hereto and incorporated
by reference herein. The elevations reflect the required color scheme, materials, shape,
illumination, compatibility /integration, and style of the GTMSSD in compliance with
Section 33.18.4 of the Denton Sign Code, as amended. Any ground signs installed after
the adoption of GTMSSD shall be constructed to generally comply with the attached
elevations. Any digital display components shall comply with the Denton Sign Code, as
amended. This paragraph does not authorize the construction of ground signs which
would otherwise be prohibited by the Denton Sign Code, as amended.
2.7.2 Sign E1, E3, and E4.
Signs E1, E3, and E4 are existing ground signs and may continue to be used as currently
constructed. Re- facing of these signs is permitted. Replacement of these signs shall be
generally consistent with the design, color, and building materials permitted for Type C
Signs as shown in Exhibit II and shall be no greater in maximum height or maximum
effective area than each sign's existing height and effective area as provided in Section
2.4 and Section 2.5 of this document.
2.7.3 Sign E2.
Replacement or re- facing of Sign E2 is not permitted. Upon expiration of the existing
tenant lease on January 31, 2109, Sign E2 shall be removed immediately at the owner's
and /or tenant's expense. Until Sign E2 is removed in accordance with this paragraph, no
additional sign permits, including a permit to re -face a sign, shall be authorized within the
GTMSSD.
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MANUFACTURE AND INSTALL (1` D/F SIDE MOUNTED POLE SIGN
WITH MULTIPLE TENANTS AS SHOWN.
TOP SIGN CABINET: ALUMINUM CABINET AND TRIM TO BE PAINTED
WHITE, FACES TO BE WHITE ALUMINUM PAINTED RED TO MATCH
PANTONE 200C WITH CHANNEL LETTERS MOUNTED TO SURFACE,
CHANNEL LETTERS: ALUMINUM RETURNS TO BE WHITE, FACES TO
BE WHITE PLEXIGLASS WITH WHITE TRIMCAP AND WILL BE
INTERALLY ILLUMINATED WITH WHITE LEDS.
-TENANT PANELS: ALUMINUM CABINET AND TRIM TO BE PAINTED
GRAY TO MATCH PANTONE 4240, FACES TO BE WHITE PLEXIGLASS
WITH VINYL GRAPHICS APPLIED TO SURFACE TO MATCH TENANT'S
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ILLUMINATED WITH 800MA FLUORESCENT LAMPS.
DECORATIVE REVEALS: ALUMINUM REVEALS ABOVE TOP SIGN
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SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL.
POLE COVER: TO BE (ACME) GLACIER WHITE BRICK WITH PLAIN
GRAY CONCRETE MORTAR AND WILL HAVE A DECORATIVE
ALUMINUM HALO ILLUMINATED REVERSE CHANNELAPPLIED TO
EACH SIDE. ALUMINUM CHANNEL RETURNS AND FACES TO BE
PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED
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WHITE, FACES TO BE WHITE ALUMINUM PAINTED RED TO MATCH
PANTONE 2000 WITH CHANNEL LETTERS MOUNTED TO SURFACE.
CHANNEL LETTERS: ALUMINUM RETURNS TO BE WHITE, FACES TO
BE WHITE PLEXIGLASS WITH WHITE TRIMCAP AND WILL BE
INTERALLY ILLUMINATED WITH WHITE LEDS.
TENANT PANELS: ALUMINUM CABINET AND TRIM TO BE PAINTED
GRAY TO MATCH PANTONE 4240, FACES TO BE WHITE PLEXIGLASS
WITH VINYL GRAPHICS APPLIED TO SURFACE TO MATCH TENANT'S
CUSTOMARY COLOR(S) AND LOGO AND WILL BE INTERNALLY
ILLUMINATED WITH 800MA FLUORESCENT LAMPS,
DECORATIVE REVEALS: ALUMINUM REVEALS ABOVE TOP SIGN
CABINET AND AROUND TENANT CABINETS TO BE PAINTED BLUE
TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE
ALUMINUM REVEAL AT TOP OF SIGN TO BE TEXCOATED TO MATCH
SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL.
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WHITE BRICKAND WILL HAVE DECORATIVE ALUMINUM HALO
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MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE AND WILL
HAVE A CLEAR PLEXIGLASS COVER ON THE BACKSIDE. CHANNEL TO
BE INTERNALLY ILLUMINATED WITH PURPLE NEON
BASE: ALUMINUM BASE TO BE TEXCOATED TO MATCH PLAIN GRAY
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ACME BRICK
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Face Brick: Modular sized
Mortar: Plain Gray Concrete
SIGN CABINET: ALUMINUM SIGN CABINET AND TRIM TO BE PAINTED WHITE, FACES TO BE ROUTED OUT WHITE ALUMINUM PAINTED
RED TO MATCH PANTONE 200C WITH WHITE PLEXIGLASS PUSH- THROUGH LETTERS. SIGN TO BE INTERNALLY ILLUMINATED WITH
WHITE LEDS.
DECORATIVE REVEALS: ALUMINUM REVEALS TO BE PAINTED BLUE TO MATCH GLAZED TILE #RAL 5015 SKY BLUE. DECORATIVE
ALUMINUM REVEAL AT TOP OF SIGN TO BE TEXCOATED TO MATCH SHERWIN WILLIAMS EXTERIOR PAINT #SW 7666 FLEUR DE SEL,
MONUMENT: TO BE (ACME) GLACIER WHITE BRICK WITH PLAIN GRAY CONCRETE MORTAR AND AN INSET ALUMINUM REVEAL THAT
IS PAINTED TO MATCH ELGIN BUTLER #4625 PURPLE HEART GLAZED TILE.
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TOP SIGIIII CABINEII': ALUMMUM CAMNET AND TRIM TO BE
PAINTED WIHlrll, FACTS [0 BE WHITE AIUMINISIA PAINTIED RI'll)
TO MAllf H PANIOW 200( WHH CHANNEL LILA TURS MOUNTED
110 WRIACE
CHANNEL LEVIERS: ALUMINUM REITUR06 TO BE INII11TE, UACES
TO TO' WWTF P1 FXMIAC, wTriii WHITE TRIM(AP AND WILL IK
WUMIALLY WIlD WHITE LE DS
TENANT PAIWI.S. AIlJMH`UJM CABINET AND IIRIM TO BE PAINTED
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PANTOI1,11 424( AND WILL UE INTERNAll VV WILUS111NAILID WHIM
800PAA FlUORLSCEW IAMPS.
DECORARVE REVEW S: AEU PIUM REVEALS ABOVE TOP
SKIN CABINE FAND AROUND TENANI CABINE TS TO BE
PAIN TIED BLUI TO MATCH G AZl:D I ILE #RAL 505 SKY BLIA
DECOWTVIE ALUMINUIM REVEAL AT TOP OF S%N 10 IBE
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ALUMINUM •AID H LUM111101F.11) PRIG VIF ARSE' (HAIIII',AL All:'Pl[ I'D To
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BXZ ALUMINUM BASE TO BE EXCOATED TO MATCH
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WITH MULDPLE TENANTS AS 51HOWW
TOP SIGIIII CABINEII': ALUMMUM CAMNET AND TRIM TO BE
PAINTED WIHlrll, FACTS [0 BE WHITE AIUMINISIA PAINTIED RI'll)
TO MAllf H PANIOW 200( WHH CHANNEL LILA TURS MOUNTED
110 WRIACE
CHANNEL LEVIERS: ALUMINUM REITUR06 TO BE INII11TE, UACES
TO TO' WWTF P1 FXMIAC, wTriii WHITE TRIM(AP AND WILL IK
WUMIALLY WIlD WHITE LE DS
TENANT PAIWI.S. AIlJMH`UJM CABINET AND IIRIM TO BE PAINTED
GRAYTo MATC[I ISANTONE 424(, EAT (5 TO PRE: AOITIE MAXI(AASS
VC1 TH GRAY VIW MIAPIWS AMIT III'D TO SURIFA(E TO MATCH
PANTOI1,11 424( AND WILL UE INTERNAll VV WILUS111NAILID WHIM
800PAA FlUORLSCEW IAMPS.
DECORARVE REVEW S: AEU PIUM REVEALS ABOVE TOP
SKIN CABINE FAND AROUND TENANI CABINE TS TO BE
PAIN TIED BLUI TO MATCH G AZl:D I ILE #RAL 505 SKY BLIA
DECOWTVIE ALUMINUIM REVEAL AT TOP OF S%N 10 IBE
TEXCI)AIIED To miciii SHERWINWILLIAMS EX 1111IRIOR PA11114 r
#5,'Al 7666 Fl WIR DIF SFL,
POILE: COVIIK TO BE CACW) G ACIFIR WHUE BRIOI(Wffl@
PLAIN GRAY (ONCRI. ICE. 100RIAR AND WH L HAVE A DECORATWE
ALUMINUM •AID H LUM111101F.11) PRIG VIF ARSE' (HAIIII',AL All:'Pl[ I'D To
EACH WIDE.
BXZ ALUMINUM BASE TO BE EXCOATED TO MATCH
Pl[AIN GRAY COISCREIL
NME: PIEFIMIfS ARE REQUIRED 10 REFACE fENANT SIGNS
SD13 -0003
Type E Signs
Existing Sign Photo
Sign E1 — Starbucks
Existing Sign Photo
Existing Sign Photo
Existing Sign Photo
Sign E4 — Polio Tropical
9'- overalI cj',5" overaII
W, W, all
. .......... . .. .. ......... . .... ............ . . .. 8
MANUFACTURE AND INSTALL (1) S/F "GOLDEN TRIANGLE" MONUMENT SIGN WITH MULTIPLE TENANTS AS SHOW
ACME FUCK
.. .. ....
. .........
Guader WhRe -
Face Bndc Modular sind
Mortar PWn Gray Concre e
NOTE� PERMIHS ARF REC]URED
TO RHACE fENANT SIGNS,
Exhibit III