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05-19-1987 PLANNING AND ZONING MINUTES - The Planning and Zoning Cornrnission and Gi.ty Council conducted a Joint Rublic Hearing on Tuesday May 14~ 1987 at 7:C~G F. M: in the Municipal Complex Council Chamber°s~ 14~C) Schertz Rarkway tf.ar^merly Live Oak Rd,) . Members present were as follows: PLANIV~I NG g< ZONING COMM I SS i ON C I TY GQUI~IC I L THOMAS YARLING7 CHAIRMAN ~ EARL W. SAWYER MAYOR BOB ANDREWS VICE-CHAIRMAN CHUCK SHARPE r MERWIN WILLMAN HAL BALDWIN - TY BRISGILL ADOLPH AGUILAR KEITH VAN DINE - KEN GREENWALD M~MSERS AE~SENT M~MDERS ABSENT JAMES HARDEN RAY STANHOPE DAVID ALLEN CIl"Y STAFF OTHERS PRESENT STEVE SIMONSONy ASST. CITY MANAGER SHAR©N FRUGE SYLVIA TAYLOR? RECORDING SECT MARTIN DAM S JIMMY GILMORE~ CITY MANAGER MRS. L. A. FARRIS ALICE AUSTIN DEPUTY CITY SECT DAVID JACOBS CORALEE FENNER WAYNE HOFFERIGHTER CECIL TILGHMAN #1 CALL TO ORDER Mayor Sawyer cal ied the meeting to order at 7: CfE~ F'. M. Mayor Sawyer introduced Mrs. Fruge~ Schertz Business Club. Mrs. Fruge presented awards to citizensa in different areas for the upkeep of their-yards during the spring clean-up sponsored by ttie_ _ City and the Business Club. Mayor Sawyer present ~Mr,. Tilghman the Citizen of the Year Award- - for.his outstanding work. as .director of the Project Grapefruit in six counties. - .PUBLIC--HEARING: Proposed Modifications to the-Zoning - Ordinance . _ A. Deletion of Satellite T-elevision Signal Deceiving Dish _ 'Definition. .Mayor Sawyer explained the proposed change was to delete the satellite television signal receiving dish definition from the -.present Or^dinance. Satellite.-dishes are permitted in 'the city :but permits will not be required. Add New Section Entitled "$pecial Overlay District Scher^t Parkway. " .Mayor Sawyer^ stated this was an addition to the present Ordinance to provide caning requirements and pr^ovde penalties for^ violation along the Scher^tz ParYkway. C. Add New RA District - Mayor Sawyer^ stated this was to r^ezane the "Scherrnervi l le" from Fredevelopment to Residential Agriculture. 'This being the best mooning for the ar^ea since most of the prtioperty owner^s ar^e farmers. D. Change in Article XIX Overlay Distr^icts~ Section 3.c AICUZ Mr^. Willman explained this change was to infor^rn land owners and developers in the "Schermer^vi l le" area of the AICUZ recornrnendat fans on building. The inspectors are to infor^rn land owner^s and develapers~ when they came in far building per^rnits~ that the ar^e in the AICUZ area and what the recommendations ar^e. The land owner^s and developer^s will be asked to sign a form stating they have been informed of the AICUZ coning and will tell any future homeowners of the r^equirements. E. Defining Limits and Renaming FM 3~C~9 Overlay Or^dinance Mr. Willman e:~plained this change was to rename "FM 3D~f9 Overlay District" to "Jack Hays Daulevar^d Overlay Distr^ict" and to defined the limits of the district. Mr. Aguilar^ asked that "within the City limits" be added to the request and that Cibolo be asked to pass a similar ordinance to al-low continuity in coning. '#3 GENERAL DISCUSSION Ther^e was none. #4 ADJOURNMENT OF PUL~LIC HEARINr - - Mayor^ Sawyer adjourned tl~e Public Hearing at 7:~5 F.M. -2- - The Scher~tz Planning and Zonzn9 Cornrnission reconvened in a _ special session af--ter th_e Joint Public Hearing in the Municipal - _ Complex Conference Raorn.. -CALL TO OfiDER ' Chairman Yarling cal led the meeting to arder^ at 7; 3Ci F'. M. #b -CITIZENS' INPUT OTHER THAN PUBLTC HEAPING ITEMS ANDlOR ITEMS ON AGENDA There was none. #7 CONSIDER AND TAKE APPF:OPRiATE ACTION: Request fr^om Lone Star F Ice #3 at ~7t'~1 Jack Hays Blvd. for a Sign Variance as follows; - (a) Present Sign fr^arn Height of 5' to a height of 7' (b) Sign an the West corner of Jack Hays Blvd. Fr^ontage Also Requesting Permission for Removal: of Two Small Tr^ees Under^neath the Electric Lines anti Their Replacement with Two Trees in the Landscape Zane Mr. Martin Davis was present to r^epresent Lane Star Ice #3. Chair^rnan Yar^ling introduced Mr. Davis and requested he e::plain his request. Mr. Davis stated his request was to rernave two trees that wer^e directly underneath electrical wires and replace the with two tr^ees in the Landscape Zane. In additian~ he was requesting a variance to er^ect a higher sign for better^ visibility fr^om cars traveling east on FM 3~C}9. If passible he will like to keep the pr^esent sign and erect one in the center of the proper^ty. After^ discussion of the alter^natives to Mr. Davis' request Chairman Yar^ling stated Mr. Davis had tr^ied to carnply with the ordinance but was unable to. Mr^. Simonson stated a variance was needed unless dlr. Davis agr^eed to erect a Multi-tenant pole, Mr. Andrews made a motion to approve Mr^. Davis' request far a variance to allow one .~U' sign with surface not gr^eater than 1t~C~' with the stipulation that when the. area is developed the sign be canver^ted to a Multi-tenant sign removal of er:isting sign and two trees. Mr. Willman seconded the mat_inn and the vote was unanimous in favor. Motion Carr^ied. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Mrs. L. A. Farris for a F`roposed-Building Addition at 199b9 FM 48.E (land -currently. zoned PD) _ Mrs. L. A. Farris was present. - - -3- - Mr^. Brisgill asked Mr^s. Far^r^is whey^e the addition was to be and if the , fence was the.pr^oper^ty line. Mr^s. Farris replied the - addition was to the rnasfier bedroom and the property line was four - -feet from the fence. - - Mr. Yarling asked Mr^. Sirnonson if the staff had any objections. Mr. Sirnonson r^epl ied the staff had no objections. . Mr^. E~rsgill made a rnvtion to approve Mrs, Farris' request to build an addition at 19969 FM 48~ on land cur^r^ently coned FD. Mrs. Van Dine seconded the motion and the vote was unanimous in favor^. Mot inn car^r^ied. #9 CONSIDER AND TAKE APF`ROPRIATE ACTION: Request from Rob Sult for Previously Granted bandit Sign Approval to be Transferred from Thistle Creek Corp. fd.b.a. Trammell Crow Co.) to the Individual E~uilder^s, Specifically Pulte Horne Cor^p. and Morton Southwest Homes - Mr. .Yarling asked Mr^. Simonson what the staff r^ecornrnendat ion was. Mr. Sirnonson replied the staff was confused because of the rerncraft case being thr^own out of cour^t. Mr. Sirnonson explained Randy Grossman had been issued a citation but he was no longer with Gemcraft sa the case was dismissed. Mr. Sirnonson asked to make a citation enforceable who should it be issued ta. Mr. Van Dine suggested the company be issued the citation and have the an-site manager sign for^ it. Mr„ Sirnonson explained there would be problems getting a response to a citation issued to a company. Mr. Yar^ling suggested issuing a license and having one individual responsible for the bandit signs. Mr. Van Dine asked what would happen if the person na longer was with the cnrnpany. Mr. Andrews asked to table this item until staff had a chance to research the pr^ablern further. Mr, Willman disagr^eed an tabling the item since Mr. Sult was asking to be relieved of responsibilities of the bandit signs. Mr. Willman added Mr^. Sult's request was to tr^ansfer the bandit sign appr^oval could be denied. Mr^. Drisgill agreed with Mr. Willman. After^ fur^ther discussion Mr. Andrews made a rnntion to table Mr. Sult's request. until the next meeting (May :~6~ 1987). Mr. Van Dine. seconded the motion and the vote was: - - AYES:. Bob Andrews: Keith` Van Dine Merwin Wi.llrnan, Tom Yarling NAYSt Ty Br^isgill Mot ion earned. _ #1C) GENERAL DISCUSSION- - ~ - -4- Mr. Van Dine. stated they had missed an opportunity to .avoid - jr^ant ing a variance tv Lone .Star .Ice. Mr, Wi l lrnan agreed but added that Mr. Davis had tried to comply -with all the r^equirernent _ but they di,d not work ft~r the his location. Mr. Willman added he - did not see any vther^ alternative especially with the stipulation placed on the. approval. Mr. Br^isgi].1 asked for better directions and/or a diagram he had difficulty finding Mrs. Farris' home. Mr^, E~risgill asked if staff was awar^e of the. bandit signs stapled to the Woodland Oaks sign and if they Mad notice the sign on the fence of the Austin Hwy. Diner. Mr^. Simonson stated he was aware of the sign on the fence of the Austin Hwy. Diner~ but could not find where they had requested the sign be removed. Mr. Sirnonsan added he would have the staff check the bandit -signs on the Woodland Oaks sign. Mrs. Ear isgi l l iriquir^ed as to whether G. M. G« Trailer^s had alp l iced for a sign perrni.t and a portable sign permit. Mr. Sirnanson stated he would ask staff. Mr^« Br isgi 11 added that the Ruck Hi 11 Church st i 11 had their^ bus parked in front advertising the char^ch, Mr. Willman asked to have the items on the Public Hear^ing an the ne.:t agenda. Mr. Willman stated Monarch Hornes had sever^al bandit signs on FM 78~ some on telephone poles. Mr. Simonson stated the inspection department needs more help and would get to it as soon as possible. Mr^. Wi l lrnan informed the Cornrnission that City Counci 1 was reviewing the Ordinance that cr^eated the Planning and Zoning Commission and had eliminated the alternates? adding the final reading of the ordinance was tonight« Mr. Simonson added Council had changed the length of ter^rn frarn one year to two. Mr. Simonson asked the Cornrnission for^ their opinion on the mobile borne located where the Starlight Theater use to be. Mr. Simonson passed out copies of a letter^ for Mr. Hoover Edwards owner of the property. and letters supporting the location of the mobile home. Mr-. Simonson i,nfc~r^med the Cornrnissior ~Mr. Edwards had been advised to remove the mobile home by-the Inspection department. Mr. _ Edwar^ds had visited Mr. Simonsvn's _off ice request ing ttie mobile home be allowed for security-reasons. Mr,. Edwards stated the rnabile home had been at its present location for ~5 years. -5- Mr.. Andrews stated' he had first seen the rrtobile'horne about three months ago. _ Mr. Van Dine asked, if alI the proper permits -had been purchased, _ Mr. .Simonson replied they had not. Mr..L~risgill asked if someone-was living in the mobile home. Mr. - Simonson r^eplied that there was. _ Mr. Yarling inquired as to the staffs opinion. Mr. Simonson said the staff felt the.rnobile home should be removed. After further discussion the Commission agreed :with the staff stating the mobile home should be removed, Mr. Yarling informed the Commission the ne>:t meeting was Tuesday: May ~b~ 1987 adding he would be out of town and unable to attend the meeting. Mr, Van Dine added he would not k~e able to attend the meeting either, #11 AL~JQUF:I~IMEIdT Chairman Yarling adj ourned the meeting at 9o t~C~ F'. M. -6-