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01-23-1990 .PLANNING AND ZONING MINDTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, January 23, 1990 at 7:00 P.M. in the Municipal Complex Council Chambers, 1400 Schertz Parkway. Those present were as follows: PLANNING AND ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN PETER WOLVERTON KEITH VAN DINE, SECRETARY RICHARD SMITH MERWIN WILLMAN LANCE CORTINEZ BOB ANDREWS ELVIRA HUBERTUS HILD GEORGE VICK ROMAN f:RAFT JIM SHRIVER BERNARD MAJESKI KEN GREENWALD, COUNCILPERSON KENNY VAUGHAN GENE SMITH MEMBERS ABSENT CITY STAFF JOE POTEMPA, VICE-CHAIRMAN STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECRETARY #1 CALL TO ORDER Chairman Brisgill called the public hearing to order at 7:00 P.M. #2 PUBLIC HEARING: ZC #97 To receive citizen input on the zoning of approximately 854.52 acres of land out of Comal and Guadalupe Counties. (The 854.52 acres include 5 tracts of land which are recommended by the Commission to be zoned as follows: Tract #1 - Light Manufacturing (M-1); Tracts #2, #3 & #4 - Residential/Agriculture (R/A); and Tract #5 - that portion south of FM 78 General Business (GB) and the rest Predevelopment (PD)). Steve Simonson gave a brief presentation, pointing out on the map the five tracts of land for .which a zoning classification is proposed. Chairman Brisgill explained the procedures to be followed for the public hearing., noting this is the only time to speak -'comments will not be permitted after the public hearing is closed. Peter Wolverton, 130.18. Country Trail, San Antonio, (one of the owners of Bussey's Flea Market) spoke at this time. Mr. Wolverton said the front 750' is presently zoned General Business, but from that point .back the proposed zoning for his property is Residential/Agriculture- (R/A). Mr. Wolverton expressed concern over-the proposed R/A zoning because it will make the use cf his".land a non-conforming use which will limit what h~ can do with-the property. Peter Wolverton said they have 21 acres and are currently using back to 1000 feP_t, but .are expanding all the time. Mr. Wolverton commented the property goes back as far as 1600 feet. Mr. Wolverton remarked,. that according to the ordinance, they will not be able to sell or lease the property as a non-conforming use, so ,he asked the Commission's consideration in zoning his Iand as General Business. Mr. Wolverton then asked when he would know the decision and Chairman Brisgill informed him the Commission has 10 days to make it's recommendat-ion to City Council. Mr. Brisgill further stated the City Council is conducting a public hearing on February 6th and will probably make a decision at that time. Mr. Brisgill reminded Peter Wolverton the ultimate decision on this matter . will be made by City Council. Bernard Majekki, IH-35 North, spoke at this time. Mr. Majeski commented that when the City annexed his property they told him he wouldn't have to conform to any of the policies of the City and what was on his property could remain on his property as such. Mr. Majesl~i said now the City is telling him he has to clean up his property. Mr. Majeski said his property falls into a non-conforming policy and now they say he has to conform and he wants to know what the story is. Chairman Brisgill questioned Mr. Majeski on exactly what type of zoning he would like for his property and Mr. Majeski replied he would like to see his property zoned General Business. Mr. Masjeski remarked he has a farming business and a junk business and the City is putting him out of business on both because they're making him clean up. Chairman Brisgill informed Mr. Majeski the first 750 feet of his property is already zoned General business and asked him how far back his property goes. Mr. Majeski replied it goes back 1200 feet. Chairman Brisgill then asked Mr. Majeski if he wants the remaining 450 feet of his property .zoned General Business and he replied he caants to stay as non-conforming. Chairman Brisgill advised Mr. Majeski the Commissicn is concerned only with the zoning of the property. Chairman Brisgill again asked Mr. Majeski if he wants all of his property zoned General Business and he replied he wants the back to stay as is for agricultural use. Chairman Brisgill told Mr. Majeski he needs to speak with the Guadalupe Appraisal District regarding the agricultural exemptien. Merwin Willman pointed out the use of the land will remain as is, rezoning won't effect what Mr. Majeski is using"the land for right now. Bob Andrews asked which tract Mr. Majeski's property is located in, and was informed Tract ~l. -2- Lance Cor-tinez, 150 Starlight, San Antonio spoke at this time. Mr. Cortinez advised the Commission l1e owns 22 lots in the area l~nown as L•'reeway Manor and would like to sec his property zoned General Business. Bob Andrews asked Mr. Cortinez how far back his property goes and Mr. Cortinez was not sure. Chairman Brisgill asked Mr. Cortinez if the property extends beyond the first 750 feet and he said he believes it does. Steve Simonson told Mr. Cortinez the City needs to see some kind of plot plan and requested that he furnish one so they .can see where his property is located in regard to his request for a General Business zoning. Elvira Hubertus Hild, 705 Main St., Schertz spoke at this time. Ms. Hild said her property is located on both sides of the Stone Creek RV Park and she would like to keep it as agricultural land like it is now. Merwin Willman told Ms. Hild that as long as she maintains her agricultural exemption, the land can be used for agricultural purposes. Mr. Willman pointed out the proposed zoning of M-1 is for the future use of the land. Bob Andrews noted the Commission is trying, as the City grows, to look ahead for 10, 15 or possibly 20 years to determine the best use of the land. Roman ICraft, IH-35 N, spoke at this time. Mr. Kraft said he owns 34 acres on the west side of the entrance to the R.V. Park and expressed concern over the proposed zoning for his property. .Chairman Brisgill told Mr. Kraft the proposed zoning doesn't change what he's using his land for right now. Bob Andrews reiterated the point about looking ahead 10, 15 or possibly 20 years to determine the best use of the land. Steve Simonson stressed to those present that zoning has nothing to do with taxes. Mr. Simonson said the property owners will still be dealing with the Appraisal District, in regard_to their exemptions, the same as they do now. ~3 ADJOURNMENT OL•' PUBLIC HEARING . There being no further comments or questions, Chairman Brisgill adjourned the public hearing at 7:28 P.M. The Schertz Planning and Zoning Commission convened in a regular .session, following the public hearing, in the Municipal. Complex Conference Room, 1400 Schertz Parkway. -3- #4 CALL TO ORDER Chairman Brisgill called the meeting to order at 7:32 P.M. 5 APPRO~JAI, OF MINUTES: .Public Hearing a.nd Regular Session January 9, 1990 Jint Shriver made a motion to approve the minutes for the public . hearing and regular session January 9, 1990. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #7 CONSIDER AND MARE RECOMMENDATION: ZC #97 Jim Shriver commented that as usual there was some confusion on the part of the citizens about the proposed zoning and how it will effect the current use of their land. Mr. Shriver commented he doesn't know the solution, but based on the zoning that has been proposed, he doesnt' feel it will effect them anyway. Chairman Brisgill remarked he has no problem with zoning Bussey's Flea Market as General Business. The Commission concurred with that opinion. Ccuncilperson Ken Greenwald stressed the need for Peter Wolverton to furnish the City with the metes and bounds cf the property. Chairman Brisgill suggested this be specifically noted in the recommendation to City Council and the Commission agreed. Chairman Brisgill then asked about Lance Cortinez and the request for 22 lots he owns in Freeway Manor to be zoned General Business. Merwin Willman mentioned all the lots in Freeway Manor are platted and he. doesn`t see how the City can effectively change the zoning:. Steve Simonson reminded Mr. Willman that platting has nothing to do with zoning. ,George Vick questioned whether or not the lots are all together or scattered. Steve Simonson noted that when he had spoken with Mr. Cortinez he asked him to go back 750 feet from the existing right-of-way and then see if he needs a zoning change. -After a brief discussion, Chairman Brisgill commented he is in favor of zoning Freeway Manor as proposed- and the Commission concurred. -4- Chairman Brisgill then asked the Commission about the property owned by Bernard Majeski. - Steve Simonson pointed out most of the Majeski property is already zoned General Business and most of the other problems Mr. Majeski brought up have nothing to do with zoning on the property now and an M-1 zoning won`t change it either. The consensus of the Commission was to zone the Majeski property as proposed. Steve Simonson said he had not received any input from Floyd Mchee, owner of the Sterne Creek R.V. Park, and then asked the Commission their feelings on zoning that as Mobile Home/ R.V. . since it is already in place as an R.V. park. The consensus was to zone it Mobile Home/R.V. Steve Simonson informed the Commission 159 letters had been sent to property owners effected by this public hearing and 7 had been returned, all 7 in favor of the proposed zonings. ,Tim Shriver asked if all 159 letters sent out were to property owners and if all 159 pertained to the five tracts of land under discussion for zoning. Steve Simonson replied yes to both questions. Merwin Willman made a motion to recommend to City Council that Tracts #1, #2, #3, #4 and #5 be zoned as follows: Tract #1 (278.92 acres) be zoned Light Manufacturing (M-1) with the exception of the land currently known as Stone Creek R.V. Park, which is recommended to be zoned as Mobile Home/Recreational Vehicle (MH/RV). Tracts #2, #3 and #4 (199.93 acres, 96.67 acres and 121.49 acres respectively) be zoned Residential/Agriculture (R/A) with the exception of the property currently known as Bussey`s Fiea Market, which is recommended to be zoned as General Business (GB), provided the owners furnish the City with the metes and bounds of the property. Tract #5 (157.51 acres) - that part south of FM 78 be zoned General Business. (GB) and the rest of the tract be zoned as Predevelopment (PD). Bob Andrews seconded the motion and the vote was unanimous in . favor. Motion carried. NOTE: Stone Creek R.V. Park is 39.81 acres out of Tract #1 and Bussey`s Flea Market is 11:71 acres out of Tract #2 and those figures were included in the recommendation sent forward to City Council. -5- After tl~e vote, Councilp.erson Ken Greenwald asked about the lots in Freeway Manor owned by Lance Cortinez. Bob Andrews commented `that if Mr. Cortinez has a problem, he can come in before City Council has their meeting and present his case, and Council can make. their. decision from that. ~S COi~3SIDER AND SAKE APPROPRIATE ACTION: Request f rom Diamond Shamrocl~, IH-35/Jack Hays Blvd., far Two variances to the Sign Ordinance: A. Requested height of 75' on sign C instead of the authorized 50' B. Request for three signs instead of the authorized two Chairman Brisgill indicated he thinks this agenda item should also have included "and the Overlay District" after "Variances to the Sign Ordinance". Kenny Vaughan and Gene Smith from Diamond Shamrock were at the meeting to represent tr.is request. Steve Simonson informed the Commission the 75` sign is proposed as being 50` back, but if the sign is moved closer to IH-35, it will be at the apex of the hill and he doesn't feel they will have a sight problem. Mr. Simonsen pointed out that the setback requirement for a business with frontage on a thoroughfare was changed to a minimum setback of 5 feet from the property line, but the setback requirement for a business with frontage on an expressway/interstate should also have been changed and was . mistal~enly overlooked. Mr. Simonson said his other comment concerns the sign on Jack Hays Blvd. They have it back behind the building setback line and if that could be moved closer and be within the Zoning Ordinance Overlay District requirements for Jack Hays Blvd., .there shouldn't be a problem. They can get it closer to Jack Hays Blvd. and possibly have a lower sign height, and still have a good line of sight down Jack Hays Blvd., and still meet the Overlay District requirements. :Gene. Smith brought in pictures of the area pointing out it`s lack of visibility for a 50' sign, especially since the exit is going to be moved back by 1.2 miles. Mr. Smith said they even went back and checked it out with the sign moved closer to IH-35 and still feel they need the additional 25 feet. Ccuncilperson Ken Greenwald said he had understood .there are :going to be two exits - one near Irola Drive and an additional exit: at Schertz Parkway. .This caused discussion among- the Commission members and prompted .Steve Simonson to get the map of IH-35 showing just exactly where the exits will be when the .road is upgraded.. Mr.Greenwald was correct - there are going tc be two exits.. - -6- Kenny Vaughan pointed out all the signs and utility poles blocking the view as you come dcwn the right-cf-way line and still insisted they need a sign higher than 50'. Steve Simonson asked that the Commission take into consideration that there is going to be an overpass. Chairman Brisgill stated he cculd go with the :first request - a 75' sign, but he couldn't go with the second request -:three signs (two adjacent an IH-35). Merwin Willman indicated that with a 5' setback from the property line, he doesn't feel the height of the sign needs to be 75`. He did tell Gene Smith, however, that if they use only one sign, in that area within 5' of the property line on the frcntage road, then maybe a compromise could be worked out on the height. Gene Smith pointed out the difference is that this sign after the exit, even at 50`, is going to be above the line of sight and that's why they've asked for two signs. Bob Andrews commented if they need 75' for visibility to attract business, he could gc with that, but he has a problem with allowing 3 signs. After more discussion on the number of signs, it was asked if everyone agreed that the cne sign would be allowed within 5` of the property line. The consensus was agreement with the 5' setback. Jim Shriver observed that if there's an overpass at Schertz Parkway, then maybe 50' height will not be enough. Mr. Shriver asked the gentlemen from Diamond Shamrock how soon they plan to be under construction and Gene Smith replied within 90 days - before highway construction is completed. During further discussion on the number of signs, it was suggested to the gentlemen from Diamond Shamrock they eliminate the two adjacent signs on IH-35, use instead one tall pole sign, and then put a sign into the triangle at the corner of IH-35 and Jack Hays Blvd. The gentlemen from Diamond Shamrock seemed to be receptive to the idea of eliminating sign B and relocating sign A into the triangle, and there was more discussion about it with the Commission saying they felt they could allow a height of 25' on that corner. A. Bob Andrews made a motion to approve the request from Diamond Shamrock at IH-35/Jack Hays Blvcl. for a,variance in the height of - sign "C", authorizing them. to exceed the 50 foot maximum by 25 -7- _ feet if necessary. Mr. Andrews also included in his motion the recommendation that the Commission authorize Diamond Shamrock to place sign "C" within 5 feet of the property line, and also eliminate the use of sign "B" on IH-35. Jim Shriner seconded the motion and the vote was unanimous in favor. Motion carried. Bob Andrews asked .if sign "A" is relocated into the triangle will it be in the Overlay District. Steve Simonson said no, it will be considered to be located on the IH-35 frontage. B. Bob Andrews made a motion to approve the relocation of sign "A" into the 170 foot frontage at the corner of IH-35 and Jack Hays Blvd. and allow a height of 25' an that sign. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. Chairman Brisgill thanked Kenny Vaughan and Gene Smith for their time and wished them good luck in the City of Schertz. CONSIDER AND MAKE RECOMMENDATION: Proposed Name Change for Binz-Englemann Road Keith Van Dine reported that, after consulting with the citizens in the area who would be effected by the road name change, it was suggested Binz-Englemann Road be changed to Boenig Drive. Mr. Van Dine explained that Boenig is the name of the oldest established farming family in that particular area. Chairman Brisgill asked if the Commission had any other suggestions. There were none. Bob Andrews made a motion to recommend the name of Binz-Englemann Road be changed to Boenig Drive. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. Merwin Willman reminded the Commission there are established "Guidelines for Changes in Street and Road Names Within the City of Schertz" which must be followed. #ZO CONSIDER AND MAKE RECOMMENDATION: Deletion of Sign Requirement from Zoning Ordinance Merwin WTillman had written a letter to the Commission leading off with the following comments: "Most of the sign requirements for the City are contained in the Sign Ordinance, 56-5-25, October 7, 1956, except for the signs controlled along Jack Hays Blvd..-and Schertz Parkway. The -8- requirements for these two areas are in the Zoning Ordinance. This is a problem because any request fcr a deviation must go to a public hearing. Besides, the placement of these requirements in the Sign Ordinance ~,,~as an oversight at the time the Sign Ordinance was adapted." Mr. Willman then proposed the ne~:essary corrections to the problem and oversight. After a brief discussion on these proposed .corrections, Bob Andrews made a mction to recommend. to City Council approval of the deletion of sign requirements from the Zoning Ordinance and the inclusion of these sign requirements in the Sign Ordinance. Also included in the motion was the recommendation that public hearings be scheduled by both the Commission and City Ccuncil for the deletion of the sign requirements from the Zoning Ordinance. Jim Shriver seconded the motion and the vote was unanimous in favor. Motion carried. #1I COi~SIDER Ai\TI3 P~AKE RECOA9NiENI~ATION: Proposed Solution to Conflict Between Article II and Article VI of the Sign Ordinance Merwin Willman had also ~,zritten a letter to the Commission regarding a conflict between Article II, paragraph 1 and Article VI, paragraph 5.(c) 1 of the Sign Ordinance. In his letter, Mr. Willman proposed two different cpticns as a solution tc the problem. After discussion on the needs of businesses and the most effective option for the City to deal with, the Commission agreed the first option was the best sclution to the problem. ,Tim Shriver made a moticn to recommend to City Ccuncil approval . of the first option proposed by Merwin Willman as a solution to the conflict between Article II, paragraph 1. and Article VI, paragraph 5.(c)1 of the Sign Ordinance. Bob Andrews seconded. the mction and the vcte was unanimous in favor. Motion carried. 12 GENERAL ©ISCOSSION Merwin Willman: (a) At the last meeting, clustered developments were discussed. A manual dealing with this subject has been crdered, but isn't in yet. Mr. Willman said Chairman Brisgill read some of the information he has on the subject and wondered if anyone else wishes to read any of the material. (Keith Van Dine expressed a desire to read some of Mr. Willman's material.) (b) Referring to the request earlier from Diamond Shamrock, said he has some information on "Retail Corner Guidelines and Service -9- Station Guidelines" and asked if anyone wants to read it over and make any recommendations. George Vick• . (a) Commented that by allowing Diamond Shamrock up to 75` on their sign, we are establishing a precedent. (Mr. Vick was reminded the precedent had already been set when Jaclc-in-the-Box was allowed to have their sign 75' high.) (b) Noticed the Transtar at 5214 Irola Drive had been removed. Jim Shriver• (a) At the junkyard on IH-35, he understands they are putting up a high-rise flashing portable sign. (Steve Simonson said he will check into it.) (b) It would be a good idea for all the Commissioners to fill out and return the survey they received from Texas A & M - they are asking what our needs are. Keith Van Dine: (a) In regard to the changing of Binz-Englemann Road to Boenig Drive, could we do something nice for the family? Could the Mayor make a presentation to them or send them a letter, or could something else be done along that line? (Chairman Brisgill said if they have been continuously farming that same location for over 100 years, the Department of Agriculture will present them with a plaque and make a big deal of it.) Bob Andrews• (a) Are we keeping the Seasons Greetings signs up until next Christmas? (Steve Simonson said they have to coordinate with GVEC to use their bucket truck to take them down.) (b) When is the next meeting of the Christmas Decoration Committee? (Steve Simonson said it had already been held.) Mr. Andrews asked to be notified when there is a meeting. Chairman Brisgill: (a) Referring to the road name change, said the document had just been brought to his attention outlining all the guidelines for changing street and road names. (Steve Simonson advised he will proceed with the established guidelines.) Councilperson Ken Greenwald: (a) A .dog obediency training fun match for dogs preparing for competition matches will be held Saturday, February 10 at Morning Star Pet Enterprises on FM 1518 acrass from the City Park. A percentage of the proceeds will go to Alyssa Smith. -10- (Jim Shriver noted that the fun match will begin at 9:00 A.M. and then a~ Nocn they will have a birthday party for Alyssa Smith.) (b) The Library and Humane Society Dance and Auction will be held at the VI'Vd on February 18th from 3:OO.to $:00 P.M. Steve Simonson: (a) Has been talking with Barshop - there has to be a sewer line laid .in for Diamond Shamrock and. they are making sure when they lay it in, it can accommodate more than just Diamond Shamrock. Mr. Simonson said Barshop feels they have some ether prospects not too far down the line, and indicated they have been receiving mere inquiries about the property. (b) Barshop appreciates what the City has done as far as the Overlay Ordinances because they want all the landscaping, etc. tc) The City has been in negotiation with New Braunfels for 3 1/2 years and has finally signed a letter of intent to get sewer on the IH-35 Forbes property on Schwab Road and in that area. (Councilperson hen Greenwald said this is a cooperative type agreement. The City is paying fcr oversizing of lines going to the plant, is responsible for any lines in the City, and the City will pay for whatever sewer flows. If nothing flows, then the only expense will .be what was put up front for lines. However, the line will be there and will be available to tie into. It opens up a good chunk of IH-35 and is a step forward.) (Merwin Willman added that Paul Brown and Forbes Management own three industrial plots along IH-35 and are negotiating for more which would give them a mile of frontage on IH-~5. Mr. Willman said he can't say they're going to bring in anything, but it keeps his hopes up.) (d) Have talked with the Commission several times about east Dietz Creek and west Dietz Creek presenting serious flooding problems for much of Schertz. One of the situations that has always been a problem is at Jack Hays Blvd. and Dietz Road. Currently all drainage dumps into:the:CDR drainage channel. CCMA is trying to get the drainage moved to a different side of their building. The problem has always been who will pay and who will move the dirt. Mr. Simonson further commented the State Highway Department, in final negotiations today, said they will build a 25 year bridge and move the drainage. Mr. Simonson continued on saying when Jesse Hellums and the lenders give this R.O.W. for drainage, they wants the other R.O.W. back with dirt back in for future development. Bob Andrews mentioned a problem with the bridge at Borgfeld Road and asked if it had been solved. Steve Simonson replied a study had been conducted on the bridge and it was found that the cosmetics were bad, but the structure was sound and the City went ahead and accepted the bridge. -11- #~3 ADJOIIRNMRNT Chairman Brisgill adjourned the meeting at 8:50 P.M. The nekt regularly scheduled meeting is February 13, 1990. -12-