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09-10-1985 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, September 10, 1985 in the Municipal Complex Conference Room, 1400 Live Oak Road. Members present were as follows: PLANNING AND ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, VICE-CHAIRMAN MAYOR EARL SAWYER DARWIN PEEK, SECRETARY COUNCILMAN CHUCK SHARPE MERWIN WILLMAN KATHRYN ROWELL TY BRISGILL MAY ROWELL DAVID ALLEN ELAINE SHOUSE KEN GREENWALD, COUNCILMAN REGINALD WUEST MEMBERS ABSENT MARTINUDAVIS THOMAS YARLING, CHAIRMAN WALTERFSCHERTZ JAMES HARDEN V. TONY SIMMONS SIGNORIA TUCKER CITY STAFF CRAIG HOLLMIG DONALD WILSON TOM DOVEY, ACTING PLANNING COORDINATOR NORMA ALTHOUSE, RECORDING SECRETARY JIMMY GILMORE, CITY MANAGER #l CALL TO ORDER Vice-Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES A. Regular Session August 27, 1985 Merwin-Willman pointed out an error under #5 = CONSIDER'AND MAKE RECOMMENDATION, - Item C - Appointment to Joint Schertz-Cibolo Planning Committee, Line 4: It should be amended to read as follows "serve as a form of communication". Merwin Willman made a motion to approve the minutes as amended. David Allen seconded the motion and the vote was unanimous in favor. B. Joint Public Hearing and Special Session September 3, 1985 Darwin Peek made a motion to approve the minutes. Merwin Willman seconded the motion and the vote was unanimous in favor. #3 CITIZENS' INPUT Walter Schertz stated he was at the meeting to represent Item #9 on the agenda - the Schertz Subdivision. There was no other citizen input. F ~ ~ #4 CONSIDER AND TAKE APPROPRIATE ACTION: Terminate or Extend Preliminary Plat ~ Approval Shouse Nursing Home . Vice-Chairman Andrews informed the Commission the preliminary plat was approved September 27, 1983 and Mrs. Shouse was notified of pending termination. ~s Elaine Shouse asked the Commission for a twelve month extension. Mrs. Shouse explained that meeting with and conforming to all government and state regu- lations takes a good deal of time. She said construction should be started in approximately six months. Ty Brisgill questioned whether or not the ordinance had changed since the prelim- inary plat approval. There was a brief discussion on this matter. David Allen made a motion to approve a twelve month extension of the preliminary plat approval for the Shouse Nursing Home. Mervin Willman seconded the motion and. the vote was unanimous in favor. #:5 CONSIDER AND TAKE APPROPRIATE ACTION: Terminate or Extend Preliminary Plat Approval Northcliffe East Community - Garden Homes, Section One Vice-Chairman Andrews informed the Commission the preliminary plat was approved August 23, 1983 and the developer has no objection to the termination of the plat. There was no one at the meeting representing"Northcliffe East Community Garden Homes. Ty Brisgill made a motion to terminate the preliminary plat approval for North- cliffe East Community Garden Homes, Section One. David Allen seconded the motion and the vote was unanimous in favor. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Terminate or Extend Preliminary Plat Approval Oak Forest Unit IV V-ice=Chairman-Andrews. informed::the_.Commission .that: the_pr.eliminary plat was approved a long time ago. He also stated complete construction plans have never been sub- mitted and Mr. Simmons was notified of the pending termination. Craig Hollmig, representing Coy Simmons, asked the Commission for an extension of the preliminary plat approval. Mr. Hollmig said the engineering plans had been approved. He also said an agreement had been made with the City where the City was going to provide a culvert, but this was on hold due to the extension of Jack Hays Boulevard (FM 3009). Ken Greenwald commented the culvert could not be put in until the state decides on a final grade for Jack Hays Boulevard. Mervin Willman said in his opinion the plat should be scrapped and started all over again. There was discussion on changes as a result of the upgrading of FM 3009. Mervin Willman made a motion to terminate the approval of the preliminary plat for k Forest Unit IV. Darwin Peek seconded the motion. 4 - At this time Craig Hollmig asked for more discussion. He asked why they should be penalized for something over which they have no control. As a point of order, a vote was taken to void the previous motion with the results being 4 in favor and 2 against. - Mr. Hollmig asked if they should go ahead and build and not cooperate with the City. He also commented that all plans to this point had been done in good faith. After a brief discussion, Darwin Peek .made a motion. to approve a twelve month extension of the preliminary plat approval for Oak Forest Unit IV. David Allen seconded the motion and the vote was in favor. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Terminate or Extend Preliminary Plat Approval Northcliffe Community Model Homes, Section One Vice-Chairman Andrews informed the Commission the preliminary plat was approved on August 23, 1983 and the developer has no objection to the termination of the plat. There was no one at the meeting representing Northcliffe Community Model Homes. David Allen made a motion to terminate the preliminary plat approval for North- , cliffe Community Model Homes, Section One. Ty Brisgill seconded the motion and the vote was unanimous in favor. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Terminate or Extend Preliminary Plat Approval Schaefer Village, Units Land II Joe Hoffman, representing Schaefer Village, requested a twelve month extension from the Commission. Mr. Hoffman commented that all the problems had been worked out and they would be ready to go in 30 to 45 days. Ty Brisgill made a motion to approve a twelve month extension of the preliminary plat approval:_for--.Schaefer.-;:Village, Units L;.and II.. Darwn:Peek_seconded-the motion and the vote was unanimous in favor. #9 CONSIDER AND TAKE APPROPRIATE ACTION: Preliminary Plat Schertz Subdivision Tom Dovey informed the Commission that blue lines had been provided and the plat sent to the Staff for review with a suspense date of September 16. Mr. Dovey commented this should be ready for the next meeting. David Allen made a motion to-table the Preliminary Plat Schertz-Subdivision unti l the next regularly scheduled meeting on September 24, 1985. Merwin Willman seconded the motion and the vote was unanimous in favor. #10 CONSIDER AND TAKE APPROPRIATE ACTION: Final Plat Savannah Square Unit II Vice-Chairman Andrews informed the Commission the construction plans have been reviewed by the Staff and required corrections are being made. There was no one at the meeting to represent Savannah Square. Merwin Willman made a motion to table Final Plat Savannah Sqquare=-Unit II until the .next regularly scheduled meeting September. 24, 1985.-David A71en seconded the motior and the vote was unanimous in favor. #11 CONSIDER AND TAKE APPROPRIATE ACTION: Lone Star Ice & Food Store Jack Hays Blvd. Special Overlay District Martin Davis, representing Lone Star, asked where they stood. Merwin Willman recommended Mr. Davis sit down with the Staff and get all the e necessary information. Vice-Chairman Andrews asked Mr. Davis if he had a copy of the Special Overlay District Ordinance, and if not, informed him he could get a copy from the Staff. Mr. Davis asked what the Special Overlay District Ordinance is. Darwin Peek replied it is an ordinance which regulates development along Jack Hays Blvd. (FM 3009). Tom Dovey informed Mr. Davis that Earl Hartzog had sent a memo discussing the placement of the gas pumps and store and suggested Mr. Davis get together with Ronnie Jaroszewski to discuss this matter. Vice-Chairman Andrews told Mr. Davis we need something showing the setbacks, the building, etc, on Lot 42. Vice-Chairman Andrews said the engineer should be able to take the ordinances and draw up a plan. Mr. Davis commented that Lone Star is in business to make money and serve the people. He also commented that if he had to hide the gas pumps, Lone Star wouldn't be able to make money and considering this, things didn't look good. Vice-Chairman Andrews reminded the Commission this was the same .plan that had been disapproved and recommended Mr. Davis see someone on the City Staff for further information. #~2 CONSIDER AND TAKE APPROPRIATE ACTION: Cibolo Valley Temporary Development Sign - Jack Hays Blvd.. Special Overlay District Tom Dovey. informed the Commission Earl Hartzog had met with Mr. Guerra and Mr. Martin on this matter. He also informed them that a drawing of the proposed sign and a letter from Mr. Guerra. was in their package. There was discussion about the fact that signs of this nature do not conform to the .requirements of the Special Overlay District along FM 3009. Also, that these signs. are not aesthetically pleasing. Merwin Willman commented that our ordinance does not permit signs advertising a product not available on the site. Mr. Willman also commented that advertising on FM ._3009 should be only for developers along FM 3009. During a brief discussion, David Allen remarked that, in his opinion, the sign put up for Savannah Square is beautiful. Darwin Peek made a motion to disapprove a Cibolo Valley Temporary Development Sign. along Jack Hays Blvd. Special Overlay District based on the fact it does not con- form to the requirements of the Special Overlay District. David Allen seconded the motion and the vote was unanimous in favor. 4. #I3 CONSIDER AND TAKE APPROPRIATE ACTION: Thistle Creek Bandit Sign along Jack Hays Blvd. Special Overlay District David Allen commented they should be congratulated for being the first to come in and make a request in .regard to bandit signs. Rob Sult, representing Crow Development, showed the Commission members a sample of the sign for advertising Thistle Creek. Mr. Sult said he had calculated that at 500 foot spacings he would like to place 50 signs along FM 3009. Mr. Sult also commented he would like the Commission to consider an equal number of signs for Pulte and Hometown Builders who would also be developing in Thistle Creek. Mr. Sult said one person had been hired to post the signs and remove them on the. weekends in conformance with the hours stated in the Special Overlay District Ordinance. Ty Brisgill asked Mr. Sult if he was going to post signs along FM 78. Mr. Sult replied he had not considered it yet, but if his study .indicates the flow of traffic dictates advertisement along FM 78, it may be a future possibility. David Allen commented that on Sunday morning there were 16 Pulte and 19 Gemcraft, -for a total of 35, bandit signs along FM 3009 - all unauthorized. David Allen commented that according to the ordinance there were normally no more than_TO signs permitted and asked Mr. Sult if he could live with only 10. Mayor .Earl Sawyer and City Manager, Jimmy Gilmore, arrived at the meeting at 8:05 P.M. There-was discussion on .the number of signs and the number of developers with Darwin Peek commenting that if six builders put up 50 signs each you would have 300 signs along FM 3009. Mr. Peek also commented that this would be setting a precedent - if you let one developer put up 50 then you would have to do the same for the rest. Rob Sult said the signs for Thistle Creek, Pulte and Hometown Builders would be put . up side by side. He also commented the success of bandit signs depends on repeti- tion, but if 10 was the maximum permitted he could live with it. There was some discussion on the enforcement of the ordinance in regard to the signs. David Allen asked who was in charge of enforcing it. Tom Dovey replied it was his job. Rob Sult asked how it was enforced. Mr. Gilmore, City Manager, replied that first the signs are picked up and then, if necessary, a citation is issued. David Allen made a motion to approve the placement of 10 signs each for Thistle Creek, Pulte and Hometown Builders along Jack Hays Blvd. Special Overlay District. Darwin Peek seconded the motion and the vote was unanimous in favor. #14 CONSIDER AND MAKE RECOMMENDATION: Replacement of Natural Bridge Caverns Billboard along IH 35 Mr. Reggie Wuest and his wife Joye were at the meeting to represent Natural Bridge Caverns. Mr. Wuest stated they would be taking down the old structure and would like to put up a steel structure of the monopole type. Mr. Wuest commented he had talked with a representative of the State and there was no problem. The only thing holding them up was a permit from the City of Schertz. P1erwin Willman commented that a new State law had gone into effect on September 1, 1985 and also that according to the current ordinance, we should not be issuing any sign permits. Councilman Chuck Sharpe made a few remarks in regard ta.advertising by Natural Bridge Caverns and Garden Ridge Pottery. Councilman Sharpe said he felt the adver- tising was necessary due to the number of tourists attracted to our area by these two businesses. Councilman Sharpe also said he understood the need fora business having an existing sign to upgrade the sign. Darwin Peek noted that although we do not like to get into the habit of granting exceptions, all things should be taken into consideration: Mr. Wuest asked if he needed a State Highway Permit to get a permit from the City of Schertz. He was informed he did and he commented that he needed some indication of approval from the City of Schertz because he had to take down the exisitng sign before the State Highway would issue a permit. Vice-Chairman Andrews reminded the Commission this will require Board of Adjustment ; action. Darwin Peek informed Mr. Wuest we could give him no guarantee but could recommend approval to the Board of Adjustment. City Manager, Jimmy-Gilmore, explained to Mr. Wuest that the Board of Adjustment acts on the recommendation of the Planning and Zoning Commission and he foresees no problem, but is is a procedure which must be followed. Darwin Peek made a motion to recommend approval to the Board of Adjustment for replacement of Natural Bridge Caverns Billboard along IH 35 so long as it is in accordance-with State law. David Allen seconded the motion (saying he was doing so only because they were replacing a sign)-and the-vote was unanimous in favor. City Manager, Jimmy Gilmore, informed Mr. Wuest he thought this could be put on the agenda for the City Council meeting on September 17, 1985 and suggested Mr. Wuest plan to attend that meeting. #15 CONSIDER AND TAKE APPROPRIATE ACTION: Home Occupation - 601 Mitchell Vice-Chairman Andrews informed the Commission a copy of the application was in their package. Merwin Willman commented that no person is to be employed other than the immediate family. Ms. Signoria Tucker, the applicant, said that Dorothy Dixon hives with her - she would not be an employee. Vice-Chairman Andrews commented then that actually the request fora permit was from Signoria Tucker and Dorothy Dixon. Ms. Tucker said she would like to withdraw the request for parents to pick children up on the Randolph Boulevard side. David Allen asked Ms. Tucker how many children she would be accomodating. Ms. Tucker replied no more than six, possibly seven if the seventh is a sibling of one of the other children. Tom Dovey pointed out that the owner is aware of the application and approves. Darwin Peek asked about the duration of the permit. Vice-Chairman Andrews said there is no real duration, no termination clause. Vice-Chairman Andrews also said Ms. Tucker is registered with the Department of Human Resources until March, 1987. There was a brief discussion about the health and fire inspect ions required annually. Vice-Chairman Andrews informed Ms. Tucker that the Staff recommended some type of barricade (fence, cable, chain; etc.) across Randolph so that parents must pull in on Mitchell. Darwin Peek made a motion to approve the Home Occupation Permit- 601 Mitchell with the stipulation that the open space on Randolph be blocked. -David Allen seconded - themotion and the vote was unanimous in favor. Tom Dovey informed Ms. Tucker he would contact the City Health Inspector to arrange for a Health and Sanitation Inspection of her property. Vice-Chairman Andrews wished Ms. Tucker good luck in her venture. - #16 CONSIDER AND MAKE RECOMP1ENDATION: Request from Helen Guiterrez Campos for Street in Schertz to be Named After Her Family There was very little discussion on this. It was stated that Mr. Gilmore, City _ Manager, had sent a letter to the Guiterrez family in response to their request. Merwin Willman commented maybe the City Council should set up some type of procedure. Vice-Chairman Andrews suggested Mr. Willman bring up this point in the general dis- cussion. #17 Merwin Willman suggested that it might be nice if City Council set up some procedure for the naming of streets by citizens. Ken Greenwald replied that normally the developers have names in mind when they .come in. They usually have some theme. David Allen"commented it would be nice for-the older families in town, but wondered if it wasn't opening up a Pandora's Box. Vice-Chairman Andrews made reference to Elbel Road which-had been donated by the Elbel family. Darwin Peek commented on the large outpouring of citizenry when the City was thinking of changing the name of one of it's streets: Tom Dovey informed the Commission there had been a meeting with representatives of CPS in regard to Tri=County Business and Industrial Park and the result was that the Park will have a Schertz address and Schertz zip code. David Allen asked about the status of the Bicycle Shop on First Street. Tom Dovey replied that to .the best of his knowledge no permits had been issued. Ty Brisgill commented he had seen people .out measuring the property. a . ~ Ken Greenwald reported that City Council had approved the appointment of James s Harden as Secretary of the Planning and Zoning Commission and the appointment of David Allen to the Joint Schertz-Cibolo Planning Committee. Vice-Chairman Andrews suggested that the Planning and Zoning Commission receive a copy of the City Council minutes. City Manager, Jimmy Gilmore, said he thought this could be arranged. Tom Dovey asked the~Commission members for their cooperation in giving him as much time as possible when they need something. 3 Mervin Willman commented on all the garage sale signs. Mr. Willman said he had - noticed Z1 one weekend-and also noticed a Help Wanted sign. He said we need some enforcement. Vice-Chairman Andrews commented he had seen a City policeman take=-the time to stop and-take down a garage sale sign. City Manager, Jimmy Gilmore, said the police bring the sign to City Hall and call the person to pick up the sign. Then, if necessary, a citation is issued.. Vice-Chairman Andrews, commenting on the bandit signs, said the problem was not with them going up but in the taking of them down. City Manager, Jimmy Gilmore, said he felt if we start issuing tickets for the bandit signs, this will help solve the problem. .Darwin Peek commented this is his last meeting. He had come in case they needed him to make a quorum. Mr. Peek said he had enjoyed his work on the Commission and wished everyone well. The Commission members asked about the policeman who had been shot that afternoon. City Manager, Jimmy Gilmore, gave a brief report on the details. of the shooting and said the officer involved was in stable condition. Ty Brisgill asked about the status of the Subdivision. Ordinance. City Manager, Jimmy Gilmore, said he had the rough draft and some pages of modification and would be reviewing it and getting it back to the Planning and Zoning Commission as soon as possible. Ty Brisgill asked about the final walkthrough inspection of Woodland Oaks as to whether or not there was any-recourse on gouges in the street after a final inspection was accepted. City Manager, Jimmy Gilmore, replied that there is a one year warranty agreement under which the developer is responsible for repairs to the street, but if no other recourse, the City will repair. There was a lengthy discussion on the need for enforcement of the ordinances, the need for additional manpower to enforce them, and the need for allocations in the ..budget for hiring additional manpower. Ty-Brisgill suggested that we might recommend to Council that. a volunteer force o.f citizens to help with enforcement be organized; City Manager, Jimmy Gilmore, commented we may not want volunteers in enforcement, we may not want to place them in that position. Mr. Gilmore said he would run it by Richard Harris to get a legal opinion. Merwin Willman commented we need to encourage more business to locate in Schertz ~p we can benefit from the sales tax. City Manager, Jimmy Gilmore, informed the Commission that the City was going through procedures to get a Planning Coordinator. Don Wilson said he was impressed with the orderly way in which the Commission pro- ceded through the :agenda consider ing=it's length. The next regularly scheduled meeting is September 24, 1985. Vice-Chairman Andrews adjourned the meeting at 9:30 P.M.