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09-23-1997 e e . PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a Public Hearing on Tuesday, Sept. 23, 1997 at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF ERNIE EVANS-CHAIRMAN, DAVID RICHMOND, VICE-CHAIRMAN PIA JARMAN, SECRETARY GARY WALLACE TONY MORENO KEITH VAN DINE KEN GREENWALD, COUNCILMAN, ex oficio STEVE SIMONSON, ASST. CITY MANAGER MARY YBARRA PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT None Judy & Dennis Dietz, 1236 Live Oak Rd. Maggie Pena, 1037 Live Oak Rd. Albert Pena, 1035 Live Oak Rd. Christy Niland, 1033 Live Oak Rd. Evelyn Niland, 1033 Live Oak Rd. James & Ruby Bindseil, 749 Maske Rd. George Strasser, Destiny Homes Phil Wuest, Wuest's Inc. Jim Preston, Schertz Bus. Park Chad Jones, Wuest's Inc. T.J. Cantwell, Berry Creek Subd. Don McCrary, Don McCrary Assoc. Wade McGinnis, Corridor Properties Steve Hurwitz, ARC/ Pecan Grove Mobile Home Park Helen Gutierrez, (arrived late) . . -1- . . e e #1 CALL TO ORDER Chairman Ernie Evans called the meeting to order at 7:00 p.m. Chairman Evans explained the procedures to be followed at the public hearing and thanked everyone for their concerned interest. The City Council public hearing on this item will be held Oct. 7, 1997. #2 PUBLIC HEARING: To Receive Citizen Input on a Helen Gutierrez for Street Name Change of Live Gutierrez Lane. (PC #327-97) Request from Oak Road to Chairman Evans asked for staff input. Steve Simonson stated this is a request from Helen Gutierrez concerning a street name change. In accordance with the city ordinance 24 letters were sent out to property owners within 200' of this roadway. Four (4) letters were returned and all were in opposition. We have been provided with copy of a petition by those that live along Live Oak Rd. all of whom are totally against this name change. Some of the names on the petition are part of the group that was sent right-of-way notices. There are 9 oppositions on the petition received previous to the public hearing. In addition property owner, "Monterey Medina" which owns a great amount of property along Live oak Road is also in opposition. Ernie Evans Gutierrez? asked if there was a representative present for There was no one present at this time. Mrs. Ernie Evans advised that the floor was open for citizen input. Maggie pena stated she is a property owner living on Live Oak Rd. since 1967. To change the name of the street would be a great expense to her such as: driver license, insurance, bank accounts etc. She feels this is not the only street that can be named after the Gutierrez family. Schertz has a great number of new streets coming in and Mrs. Pena feels one of these streets can be dedicated to the Gutierrez family. This is the second time a request on this issue has been brought forth and it is a very stressful issue on everyone's part. Evelyn Niland of 1033 Live Oak Rd. stated she is in agreement with Maggie pena on this issue, she has been out of town and brought in her letter in opposition to the issue. Judy Dietz of 1236 Live Oak Rd. stated she and her husband represent themselves and 12 families living in the Persimmon Apts. plus themselves. More than half of the tenants are senior citizens ranging in age from 70 to 92 years who are on a budget. and a change like this would create many financial and other problems that would . be stressful. For this reason they are in opposition. -2- e e James he is stated street Bindseil whose property is adjacent to Live Oak Rd. in opposition of the name change. Both for the and because he thinks the road should stay as is and should be looked at for the Gutierrez's if required. stated reasons another . Albert pena of 1035 Live Oak Rd. is a new property owner who stated that he did not receive a notice of the public hearing from the City. Mr. pena stated he is in opposition to the name change. Mr. pena stated he is a new owner and would have to change a lot of documents that he just recently paid to acquire the land, like the deed etc. Mr. pena felt that there are new streets being built in Schertz that can be dedicated to the Gutierrez family. steve Simonson explained to Mr. Pena that the property owners names are obtained from the City tax office. Current tax roll records. Unfortunately, at times, the office does not receive change of information in time to update the records. Maggie pena stated she did not know Helen Gutierrez. Helen Gutierrez, now present, acknowledged her presence. In the exchange that followed, between Mrs. pena and Ms. Gutierrez established that Helen was not a Gutierrez by marriage and that she was not Helen Gutierrez Campos but "No, it's Helen Gutierrez. !...ook it up in the phonebook." With no comments, or questions from the Commissioners, or further comments from the public on the request for the street name change Chairman Evans closed the Public Hearing. . 13 ADJOURNMENT OF PUBLIC HEARING: Chairman Ernie Evans adjourned the Public Hearing at 7:10 p.m. The Schertz Planning and Zoning Commission convened in a regular session, after the public hearing, in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. 14 CALL TO ORDER: Chairman Ernie Evans called the meeting to order at 7:10 p.m. 15 APPROVAL OF MINUTES: Regular Session Sept. 9, 1997 Pia Jarman moved to approve the minutes of the Regular .Session Sept. 9, 1997 as written. Tony Moreno seconded the motion which carried as follows: Ayes: David Richmond, Ernie Evans, Pia Jarman, Gary Wallace, Tony Moreno. . Abstention: Keith Van Dine (absent at said meeting) -3- e e 16 STATUS OF FINAL PLATS: . There were none. 17 BOA STATUS: Pia Jarman stated the BOA met on Monday Sept. 15, 1997 to deal with the request from Continental Homes, 3516 Sara~oga Place Carolina Crossing Unit 1 for a Special Exception to the Zoning Ordinance for a front yard setback from 25' to 24.7' and a side yard setback from 5' to 3.4'. After a great deal of discussion the board granted the variance for the front and side yard variances with the stipulation that the 15' separation be maintained between the house presently constructed on lot 18 block 1 and any house to be built on lot 17 block 1. The home owners were present and the concern was if a smaller house is built in that area would it bring the value of their homes down. Someone suggested that a park be put on lot l7. The Board members strongly recommended that Continental Homes representatives meet with the Home Owners Association to resolve questions and concerns raised by home owners on this issue and other matters. . 48 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. .9 CONSIDER AND MAKE RECOMMENDATION: Request from Hele;1 Gutierrez for a Street Name Change from Live Oak Road to Gutierrez Lane. (PC #327-97). Steve Simonson reiterated the procedures that were information given in the Public Hearing earlier. received during the meeting with a total of five opposition. followed and the One letter was (5) letters in Ernie Evans asked Helen Gutierrez if she would like to address the Commission? Helen Gutierrez replied, no. Helen Gutierrez asked "How many oppositions do you need?" Ernie Evans commented "If you are referring to the Public Hearing portion", the Public Hearing is to hear input from citizens who are affected by an issue. Once the Public Hearing is closed the Commission considers how to make recommendations on the issue. A recommendation will be made this evening to City Council. City Council will then hold a Public Hearing and will make the final decision. . -4- e e Helen Gutierrez change was. information on the time. asked what the history on the Wiederstei',- Rd. Ernie Evans commented he cannot fu~nish this issue because he was not on the Comuission name any at . Steve Simonson stated there were two Live Oak Roads in the City limits, the one being discussed tonight and Live Oak Road in the Live Oak Hills Subdivision. The long range planning of the Commission was an east/west thoroughfare for the future. Between the City of Schertz and Cibolo there are no future pla~s for the area. with the development of Live Oak Hills, Wiede~stein Rd. (Live Oak Rd.) needed to connect with 3009 and eventual~y connect with FM 1103. With two Live Oak Roads it was decided to hold Public Hearings for the request of the name change of Live Oak Rd to Wiederstein Road for continuity to 1103 and back to 1518. Selma did not have a problem with the name change at the time. After the Public Hearing phase and there being no opposition, C5.":y Council approved the name change. Pia Jarman asked if 6 plus 9 is the total of oppositions? Steve Simonson commented some of the 9 are the same as t'>e letters received. Out of the 5 letters returned 3 are the same as on the petition and two that are not on the petition. Resurrection Baptist Church and Monterey Medina are in opposition. . Helen Gutierrez stated that the people in opposition were new comers to the City. The land had been owned by the Gutierrez family for a long time. Chairman Evans explained to the citizens that the Commission could speak with Helen Gutierrez and that the public was not allowed to speak in this session. The Public Hearing had been closed and added that there will be another hearing. before the Ci~y Council for citizen input on this issue. With no further discussion, questions or comments from the Commissioners, Chairman Evans asked for a motion. Gary Wallace moved to forward the request from Helen Gutierrez for the street name change of Live Oak Road to Gutierrez La:ne to City Council recommending disapproval. Pia Jarman seconded the motion which carried as follows: Ayes: Ernie Evans, Pia Jarman, Tony Moreno, Gary Wallace. Opposed: Keith Van Dine Abstention: David Richmond (due his late arrival he had not heard all the citizens' comments.) Ernie Evans explained to the citizens that the Commiss~on forward the request to City Council with a recommendat.Lon. Council will hold a Public Hearing on October 7, 1997, a decision will be made at that time. would City final . -5- e e flO CONSIDER AND MAKE RECOMMENDATION: Request from ''l:lests Inc. for a Variance to the Sign Ordinance for the Pic N Pac at FM 78. (PC #343-97). . Steve Simonson stated that when Pic n Pac first requested signage for the location the request was for onsite signs on the buildings being leased, the only sign on the road would be the Pic N Pac sign at the location now. This request is wi thin the parame':ers of the City Ordinance but the request also is applicable to u shopping center sign configuration. This is a serious change for this area, the sign is within the height and size requirements. Ernie Evans asked if it was a replacement for the existing sign or an additional sign pole. Steve Simonson commented it would have to be a replacement because the city ordinance allows only one free standing sign for the location. Ernie Evans asked is this a replacement for the existing sign? Chad Jones and Phil Wuest representing Pic N Pac replied, it is an additional sign request. Steve Simonson stated in accordance with the City Ordinance, two free standing signs are not allowed for one location. . Chad Jones stated the Center has changed he and is requesting a variance for an additional sign. Pic N Pac is the pr:.ma.ry tenant and would like one sign stating it is a Pic N Pac Texa~o and one sign at the other end of the property with Pic N Pac on top and listing the tenants underneath. Steve Simonson stated in the Mall Sign Ordinance, if you do not advertise the same name on both signs this is alloT"red. This request is advertising the same name twice and therefore it constitutes two free standing signs. Chad Jones asked what constitutes a Mall Sign? replied, one for multi-tenant use. :3teve Simonson Pia Jarman stated on Page 75 in the UDC the definition of Mall Sign and also Article 9, 7.5 D 2 states "signs located in the general business district will be a minmum of 350' from any :cesidential zoned property." If the sign is allowed will it be 3~O' from the first residence. David Richmond asked if one of the principals would reci1J1sider the request for a replacement sign with Pic N Pac being on ';],e top and Texaco being below it. Chad Jones stated Texaco has a strict policy it has to be on top. David Richmond added what .>,8 the need to have Pic N Pac on the Texaco sign? Chad Jones r8plied, it brands the Texaco as to what it is. David Richmond asked does Pic N Pac need to be on both signs? Chad . Jones replied, yes. -6- e e Pia Jarman stated that looking at the Pic N Pac sign design with two empty spaces, it is always a concern that when you have empty spaces, you see them yet broken, etc. Chad Jones stated the signs are well maintained at all times. . David Richmond stated Pic N Pac is bound severely by 'lTe::aco and is forcing the city to grant a variance. There are other a:_ ternati ves to look at. In the widening of FM 78 these signs will ~ave to be relocated anyway. Pia Jarman stated if the problem is Texaco why is Pic ~ ?ac making the request and not Texaco? Pia Jarman moved to deny the request from Wuests IrK;, for a variance to the sign for the Pic N Pac on FM 78 as submitted. Keith Van Dine seconded the motion which carried unanimo11sly. #11 CONSIDER AND MAKE RECOMMENDATION: Request from Destiny Homes for Bandit Signs on FM 3009/Schertz Parkway. (PC #344-S~) Steve Simonson stated Destiny Homes is requesting permission for bandit signs on FM 3009 and Schertz Parkway, directing ~raffic to the model home on IH 35. It was explained to Mr. O"~".tman that bandit signs were not allowed on FM 3009/Schertz Parkwav. It was also relayed to Mr. Ortman that there is enough signage on IH 35. . Tony Moreno asked how many signs was Destiny Homes reqnesting as well as the location of these sign? George Strasser representing Destiny Homes, stated the request is for a maximum of 6 signs at the intersection of Schertz Parkway and IH 35, on the frontage road of IH 35 and Schertz Pa~0~ay. Pia Jarman stated according to the letter the request is for bandit signs along FM 3009 and Schertz Parkway, no'c. -,-....u IH 35 intersection. The Commissioners commented the City Ordinance and t.ne Dept. do not allow any bandit type signage on IH35. Pia cited the ordinances in question from the UDC, Article- 3.1 C and Article 7 Section 2.7 H. Highway Jarman Section David Richmond stated bandit signs that the Commission has been asked to approve have been for builders in a developmen~ in the City. This request is for signage to the sale office. The City Ordinance states, "each builder who is developing areas T,,7i thin the confines of this Code", Destiny Homes is not a bui.ider of a Subdivision in the City. The requested bandit sians would be drawing attention to the sales office, not to a builder (~dvertising a development in the City. David said he had difficulty recognizing Destiny Homes as a builder of a Schertz subd \Tision . George Strasser said customers have purchased prope::T.\l . :.~ the City and are builinging Destiny Homes on them. "What is 'c..ne difference if we take on a whole subdivision or sell individual lo~" on which Destiny Homes are built? -7- e e . David Richmond replied that "bandit" signs or directional signs of developers are to direct people to subdivisions ~~ 'lhich the developers have model homes. In this instance the d:rectional signs are to sales office and model home oui:s-"_d,:;; of any subdivision. Referring to what Pia had cited about bandit signs alloT~ed to each builder "developing areas" wi thin the confines of this '~ode. Gary Wallace stated he finds it hard to define the type o~ building Destiny Homes purposes to be doing as building in "an Cl:::"'.,a". Gary Wallace moved to deny the request from Destiny I-low,,; Inc. for bandit signs on FM 3009/Schertz Parkway. Keith Van Dine seconded the motion which carried unanimously. #12 CONSIDER AND TAKE APPROPRIATE ACTION: Request Properties, Ltd. for a Multi-Use sign on IH 35/FM Loop Rd. (PC #342-97) froJ'l. Corridor 300:'/ /Corridor Steve Simonson stated this property has not been deveJop2ti. In the discussion with Taco Cabana when the request for the 'Ie. sign was denied, they agreed to the authorized signage on FM 3009 plus on site building signs. Steve Simonson commented in subsequent discussions with Barshop on signage for their tenants: Barshop mentioned that no more lots would go into that site an.d t.hat they anticipated all to be fast food restaurants. . Ernie Evans asked "is the 18.7' sign a replacement for what was approved previously"? Steve Simonson commented i 1: was not explained whether this is a replacement or Taco Cabana is going to keep their own sign. David Richmond stated, "this is something we need to know." Wade McGinnis representing "Barshop & Oles" stated t:n,~ 1V['-, i ti -tenant sign on Taco Cabana's property which is the 18.7 " sig~l 's in lieu of another 18.7' sign on the property. No other sign structure will be requested except for the berm monument signs at curb entrances. The request is based on the development of the property at present, we envision the multi-user sign on IH35/3U'.-'9 and on each of the three lots having monuments identifying -UtE! di fferent businesses. The request is two berm signs per business and the multi-user sign commented Mr. McGinnis. Steve Simonson stated that there was no request for b(~rFl signs on the original proposal from Taco Cabana. The request is still more signage than they are authorized. Ernie Evans stated the concept is good for the sig~a?H but the 2 berm signs and the request of the 18.7' sign, wouJ..d ,:)>;ceE=>d the authorized number of signs. . -8- e e . Steve Simonson stated that the request is for two multi-tenant signs neither being on specific corners. The C~t~~ Ordinance states, if you own the corner property, two free stan6;Lc signs are authorized, one on each street side. The concern ~s ddvertising the same business on two monument signs. If this is an issue, Wade Ginnis said, "We'll agree t.o co berm sign per lot". It is just that most tenants request SiJ:-';lage at each curb entrance. Steve Simonson in regard to the berm signs, in tho original proposal that Taco Cabana had agreed to there were no b;cm signs. Steve said he had missed this issue because in the J.ett~~r it said "up to 6", he assumed they meant a total of all signs: berm signs, IH 35, and 3009 sign. Ernie liked the concept of the 18 footer with everybody on it. He also thought the one berm sign issue no one would object to. But the 70' sign is certainly more than the ordinance pro7~des for, added to the other signage requested. Wade McGinn:_::; asked for clarification on the berm/monument signs. Stev(~ ;,d.j,:, the one monument/berm sign per lot is authorized; it is the con'~c:'pt of the two free standing multi-tenant signs advertising the same people which is at issue. The City ordinance allows two free standing signs if the property in question is clearly on two cor~0~S, if you are on a major interstate, limited access highway. . Keith Van Dine asked what the difference was between ~nlS request and the previous Pic N Pac one. Steve Simonson said t~Jlere vms a confusion in terminology "remodeling" and "replacing". Pic N Pac and adjoining offices/establishments are in a corner siulation, if Pic N Pac is on the Texaco sign on FM 78 as we~las on a multi-tenant sign facing Cloverleaf, it is like Taco Cabana being advertised on FM 3009 and IH 35 as well. Wade McGinnis asked does the Commission have the authori~y to grant the request if it was amended this evening. Ernie Evans replied no. If it was minor it would not be a problem. In this case this request would have to be staffed by the City. ThE~ rEKfU(=!!::t can be brought to Mr. Simonson for modification and ba,~'{ T,O the Commission for action. Ernie Evans added that_ the dHpt.: c and width of the sign is also needed. Pia Jarman moved to deny the for a Multi-Use sign on presented tonight. Gary carried unanimously. request from Corridor Prope~~ies, Ltd. IH 35/FM 3009/Corridor Loop Rd. as Wallace seconded the motion which 413 CONSIDER AND TAKE APPROPRIATE ACTION: Reques.t fri)U rfri '-County Business & Industrial Park for Preliminary Repla.t A:)proval of . Keatts/Close Subdivision (PC #340-97)) -9- e e Steve Simonson stated the plat has several errors: the date of the flood plain map, topographic information. This is a replat of an existing plat. . Ernie Evans asked for clarification in the acreage, there are three different acreage numbers. Steve Simonson stated this would be corrected. Ernie Evans asked Mr. Simonson to examine the easements on Block 5, lot 12 to see if the numbers were reversed. Gary Wallace moved to approve the request from Tri-County Business & Industrial Park for Preliminary Replat Approval of Keatts/Close Subdivision contingent upon: correction of date on the flood plain, inclusion of topographic information, easement correction and acreage specification. Keith Van Dine seconded the motion which carried unanimously. 114 CONSIDER AND TAKE APPROPRIATE ACTION: Request from 3009-S, Ltd. for Final Plat Approval of Berry Creek Subdivision, Unit 2 (PC #317-97) Steve Simonson stated all corrections have been made as requested by the Commission on this plat. Keith Van Dine moved to approve the request from 3009-S, Ltd. Final Plat Approval of Berry Creek Subdivision, Unit 2. Moreno seconded the motion which carried unanimously. for Tony . 115 CONSIDER AND TAKE APPROPRIATE ACTION: Christine Preston for Preliminary Replat Business Park (PC #341-97) Request Approval from of Jim & Schertz Steve Simonson stated several items need to be corrected: panel number is incorrect, reference to park land fees should be deleted as well as reference to CPS, that property is located in the AICUZ should be noted, and show property owners of lot 23. David Richmond moved to approve the request from Jim and Christine Preston for Preliminary Replat approval of Schertz Business Park contingent upon the observance of all items mentioned in the discussion. Keith Van Dine seconded the motion which carried unanimously. 116 CONSIDER AND DISCUSS: Future of Pecan Grove Mobile Home Park-Steve Hurwitz, Affordable Residential Communities (ARC). . Steve Hurwitz introduced himself and thanked the Commission for allowing the presentation of the future plans for Pecan Grove Mobile Home Park. Mr. Hurwitz presented plans which included a future RV park and a childcare facility, playground/picnic area for residents. There are plans for a pool next to the Club house. -10- . . . e e In addition he mentioned a plan to redevelop the 375' o~ frontage considering the widening of FM 78. Paperwork is completed on a CPS loan, at this time \J'c (!( t k'lO\.v if it will be needed but the paperwork is completed. 6,000 cubic feet of refuse has been removed. 12 8tic~ buildings have been removed. Most of the mobile homes that Her\,) (.'cnd,)ned by owners have been removed. They are working on :~_T\ll::):<>ving the appearance which will take some time. Plal1s are in ':11' woeKS to improve the whole entrance to the property. The Commission thanked Mr. Hurwitz for taking the t:l.me "t.o visit and making the presentation ~ Ernie Evans, Pia ,Jarrnan f ,,,neI Steve Simonson all commended Mr. Hurwitz on the great C}_,c,:.n-up job already in progress. f17 GENERAL DISCUSSION: Tonv Moreno: Had no comments. Keith Van Dine: Keith asked the request bandit signs agreement in in the bandit sign issue, if the CommisH~c1 approves from Destiny Homes, then any busines;:' C '.n ::'(~quest to advertise their business. The Commissioners are in this issue. Kei th had questions in the issue of item # 12. E:<:-:.ie Evans explained the procedures with the Taco Cabana signage. Keith asked if the mobile homes in the Schirmerv:Li.le area are getting permits for the homes. Steve Simonson repliedr \res. Garv Wallace: Gary asked for the status of the drainage issue 5.ll. Berr'l Creek and Woodland Oaks. Ken Greenwald commented the water 18 bacidng up to Ashley Place and Woodland Oaks. Berry Creek SubdiviSlon is causing the problem because of the grade that is changing the L:_ow of the water. Don McCrary is working to alleviate the prohi.ern, Gary brought up a concern from a neighbor ir:. ~:he~ Crer~:1shire Subdivision. Are all the criteria being met in the development of the subdivision. Steve Simonson replied, yes. -11- . . . e e Pia Jarman: Pia reminded the Commission about voting for TX APA they had not already voted it is too late. The votes been postmarked by the 22nd of September. (,fficers if ~:iio:.11d have Pia suggested that in the event the Chairman is not avallaDle to sign the cover letters to BOA and City Council, would ~he Chair have objections to her signing the cover letters as sec~etary for the chair. The Chair had no objection, nor did the Vice Chairman. Pia asked Steve for a status of the applications Commissioner. There are 5 applications received ~)Q Simonson replied. The 30th of September is the cutoff :or far, da.-te. a new Steve David Richmond: David apologized for arriving late. He had no other conu~ents. Ken Greenwald: Ken commented City Council is taking a mini bus ~ou~ Saturday morning to review the sidewalk issue. One concern is PM 3009. The Council is sorting out land, at the present time :(:Y1:;- or five si tes have been selected for Police, EMS and Fire :=>er)a:;::~:r:-,e:1.t.B. The Christmas Committee is doing well. We have new volunt.eers. Steve Simonson: Steve commented letters have been sent to the Sparkle C~:c Wash on the sign issue. The portable signs on FM 3009 are all. authorized signs. going 100% the Plan Steve obtained a map of the right-of- way for LCRA. This is to impact our greenbelt, Wiederstein Road. The road is a:~most underneath the right-of-way. Steve Simonson wanted to make Commission aware of this issue which will affect the Mdster for the City. Ernie Evans: Ernie asked if there is information on the Ashley sign ~n the bank property. Steve commented the Inspection Dept.. haCl issued a permit for the sign. Ernie commented on a new fence on the west side of ~:;chE:'r.::.z Parkway in Live Oak Hills. Steve Simonson will check. -12- e e Ernie wanted to remind the Commissioners of the APA Conference. The next meeting for Planning and Zoning is Oct 14, 1997. . David Richmond moved to adjourn the meeting. Pia Janl~n seconded the motion which passed unanimously. The meeting a.clj():~:~'L\;d dt 9 :20 p.m. /"', <::J l "~~:'I'~/ '..... / " Ii( r /' L/L..)'-L~\I v . \.'-',~,,:,~;L,~li . Chairman, Planning-and Zoning' Commission . ATTEST: Planning Secretary, City of Schertz, Texas . -13-