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10-14-1997 . . . e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, Oct. 14, 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 Dave Britton, 1345 Birchwood Cr. Darren Partrick, Rainbow Play Systems Kris Roberson, Don McCrary & Assoc. Wade McGinnis, Corridor Properties,Ltd. #1 CALL TO ORDER: Chairman Evans called the October 14, 1997 regular meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Public Hearing and Regular Session of September 23, 1997. Chairman Evans stated a revised copy of the minutes were enclosed in the Commissioner's packets with all the corrections. Pia Jarman stated that on page 10, agenda item #15, paragraph 1, the last line should read property owners lot "23" and not lot "33". Tony Moreno stated he had not had a chance to look over the revised corrections but assumed it had been corrected. Ernie Evans stated this is correct, the tapes had been reviewed and the comments from the speakers had been added plus all other corrections made. Ernie Evans stated the bulk of corrections were in item #12 which is page 8 and 9. -1- . . . e e Gary Wallace moved to approve the minutes of the public hearing and regular session of Sept. 23, 1997 as corrected and amended. Tony Moreno seconded the motion which carried as follows: Ayes: Pia Jarman, Gary Wallace, Keith Van Dine, Tony Moreno, Ernie Evans. Abstention: David Richmond #3 STATUS OF FINAL PLATS: Chairman Evans stated the final plats approved for the month of September are as follows:Taco Bell, Berry Creek Subdivision Unit 2. #4 STATUS OF BOA ACTIONS: Pia Jarman stated the BOA met on Oct. 6, 1997. The item requesting a variance of 3.4' in the Greenshire Subdivision encroaching into the building setback of 50' because of the overlay district was approved. The second item of one bathroom versus two bathrooms became a moot point. Since the Commission's last meeting when this request was recommended for disapproval, City Staff found in the Southern Building Code an exception to this requirement which allows an establishment of so many sq. ft. and type of business, to be allowed one bathroom instead of having to have two. #5 Citizens' Input Other Than Agenda Items: There were none. #6 CONSIDER AND Christine Preston Park. (PC #341-97) TAKE APPROPRIATE ACTION: Request from Jim & for Final Replat Approval of Schertz Business Steve Simonson stated the items that were requested at the last meeting have been corrected. The flood plain designation and the AICUZ information have been added. The property owner of the vacant lots on each side of the property is the Schertz Foundation. Pia Jarman asked that since the CPS statement and note were deleted because it's GVEC, should we have a GVEC statement? Steve Simonson stated this is not required. Ernie Evans stated that in the checklist on item v.: of two public accesses to existing public streets, he could not recall covering this issue previously and having taken care of this issue. Steve Simonson stated this issue was approved by the Commission in 1984 or 1985 when this subdivision was built. The same requirement for the depth of a cul-de-sac was in effect then and the Commission approved the request for a single entrance. Pia Jarman stated she was not on the Commission at the time and asked what the rationale for the single entrance was. Steve Simonson stated he did not know. -2- Chairman Evans as.d "Is this an item that . duly recorded in 1984?" Steve Simonson stated he would check the actual date but it was approved by the Commission back in the time frame of the middle 80's as a variance, and the check list will be kept on file if the question ever comes up. . Gary Wallace moved to approve the request from Jim & Christine Preston for Final Replat approval of Schertz Business Park. Keith Van Dine seconded the motion which carried unanimously. 17 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Corridor Properties, Ltd. for Multi-Use Sign on IH 35/FM 3009/Corridor Loop Rd. (PC #342-97) Steve Simonson stated that following the meeting of Sept. 23, 1997 he discussed this issue with Mr. Wade McGinnis at some length. He resubmitted the request omitting the two berm signs and the 65' sign in lieu of the original 70' sign. He also questioned Mr. McGinnis on paragraph four (4) of their letter which is an interior 30' sign request, whether it creates a problem if this request was a "no go"? This request would be impossible to grant because in effect this would be doubling up the free standing signs that are normally authorized. Mr. Wade McGuinns stated deleting paragraph four from the request would not be a problem. This being the case Mr. Simonson is recommending that the Commission consider items one, two and three of the request. . Gary Wallace asked "Is the site described in paragraph one (1), parallel or perpendicular to the signage on IH35". Steve Simonson stated to be effective and to be seen from IH 35, the signage would have to be perpendicular. Pia Jarman stated that the Commission should consider items two (2) and three (3) as requests that can be approved with a motion, item one is a variance request. For housekeeping purposes the request should be dealt in two separate actions. Steve Simonson stated that in effect the requests are all variances, the 65'and the 18.7' signs will be three signs in one. The monument sign is not a variance but in combination with the other two requests makes the request a variance. Ernie Evans stated that he would like to know the rationale of why the sign needs to be 65'? . Wade McGinnis stated that after the prior P & Z meeting he met with the representatives of Taco Cabana and the sign contractor and they went out and placed a bucket truck on a portion of the property that fronts IH 35 and hung a sheet of plywood at 50' and at 65', and the problem they found is that the Taco Cabana's 65' multi-tenantive sign would actually have a height of approximately 53' or 54' and because of the grade drop. The issue is visibility for northbound traffic and also that the sign is much lower than the Bill Miller's sign for southbound traffic. The rationale being the sensitivity of visibility for both north and southbound traffic. -3- e e . Ernie Evans stated he pulled off the Interstate on Schertz Parkway and looped around the FM 3009 exit, and the Bill Miller's sign is not visible from Schertz Parkway. It is not visible from FM 3009 until the top of the exit ramp. The Bill Miller's sign is a waste because it does not attract northbound traffic. Wade McGinnis stated the concern with restaurants specifically Taco Cabana, is for traffic to see their signs from the freeway. There are two issues for consideration: one, visibility from the freeway, second, visibility for traffic that actually are potential patrons. Chairman Evans commented that the Bill Miller's sign is 70' in height and it is not visible to north bound traffic from the freeway. A sign would have to be 100' to be seem from the freeway. Ernie Evans stated the request is for a free standing sign of 18.7' on FM 3009 that will carry three tenants that exist on the corner of FM 3009 and around to IH 35; a berm sign at the driveway of Corridor Loop Road for each of the three businesses; a 65' pylon type sign on the access road advertising each of the three tenants. As suggested by Pia the request should be treated as two separate actions in making motions. The Commission will be granting a variance to the sign ordinance, a very large variance. We are not just exceeding the height on the access road for the IH 35 sign, we are in fact granting three free standing signs to each of the businesses. The Commission needs to state in the motion for the sign on FM 3009, that the sign for Taco Cabana is not a replacement or addition, it exclusively replaces all previously approved signage for Taco Cabana. . Pia Jarman stated that in the letter from Corridor Properties Ltd. Taco Cabana is not mentioned specifically by name, the talk is about tenants. Should it be mentioned or leave it as it is? Ernie Evans commented the exclusion for Taco Cabana not having another sign is a requirement because of the previous sign that is approved. If the Commission grants three on the Taco Cabana property then we take away their previously approved signage rights. Pia Jarman suggested if the Commission would like to further discuss the larger sign on IH 35, the Commission could go ahead and make a motion on the 3009 sign and the berm signs. Gary Wallace asked if there is a better way to handle the request. Wade McGinnis stated that the reason Taco Cabana is not mentioned specifically in the letter, is because Taco Cabana does not have ownership of the land at present. Gary Wallace asked if we are making the request more difficult than it needs to be. David Richmond stated he agreed with Pia's suggestion, he, too, has a problem with paragraph one, the sign being too high. Paragraphs two and three are easily workable. . -4- e e . Keith Van Dine commented if the Commission starts granting variances on signs, will the Commission be opening up a can of worms? Ernie Evans commented" yes and no" and to justify his statement in terms of the fact that a variance was granted, yes. But as Mr. McGinnis stated at the last meeting, he understands what will be approved for Corridor Loop Rd. is what he will be granted, so he needs to negotiate now because he will not be able to return and request another 65' pylon type sign. So trying to look at it as a development area, and working the best possible, goes with the intent of the sign oridiance. Does it meet with toltality of the sign oridiance, no. Is it justifyable, because of the situation, Ernie believes it is. David Richmond stated that in the past the Commission has been presented with requests for variances for height, size and the numbers of signs allocated for a business. The Commission has considered these requests on merits but have generally been very consistent in disapproving requests for variances to height and square footage of the sign face. The Commission needs to continue to stay consistent. David added that the height variance on IH 35 bothers him the most because he feels it is not necessary, the others are justifiable. Gary Wallace asked are the rest of the signs in the area limited to 50'? Ernie Evans responded that all of the businesses along IH35 are limited to 50'. There are some exceptions in the area but those were granted before his tenure. 4It Tony Moreno asked if the north side of the property is going to be developed like the south side of the property? Maybe when other businesses start to develop in the area a sign will be erected announcing what is on the corner. Steve Simonson stated that the type of businesses that request the specialized signs are in demand of high visibility. What will be developing down the hill has nothing to do with the retail trend and standard signage will be authorized in this area. Ernie Evans called for a motion on items in paragraph 2 and 3. Pia Jarman moved that Corridor Properties, Ltd. be granted approval for a variance from Article VII, Section 2.7 D and C of the Schertz Unified Development Code for a 18.7' multi-user sign on FM 3009. Subject sign shall be a low profile type and shall contain up to three (3) users and its total surface area shall contain no more than ninety (90) square feet of sign surface (each side). This approval rescinds all previously approved signage for Taco Cabana. This motion also includes the granting of Corridor Properties request for three (3) monument/berm signs, that is one (1) monument/berm sign per platted lot; such signs, each of 4'0" by 4'0" in size, to be located on Corridor Loop Rd. Gary Wallace seconded the motion. . -5- e e . David Richmond requested amending the motion to include sign face size for the monument/berm signs to read 1'6" by 4' 0". There being no objection by the originator of the motion or its seconder, motion was amended to include this. It was moved by Pia Jarman, seconded by Gary Wallace, amended by David Richmond that Corridor Properties, Ltd. be granted approval for a variance from Article VII, Section 2.7 D and C of the Schertz Unified Development Code for a 18.7 multi-user sign on FM 3009. Subject sign shall be a low profile type and shall contain up to three (3) users and its total surface area shall contain no more than ninety (90) square feet of sign surface (each side). This approval rescinds all previously approved signage for the site. This motion also includes the granting of Corridor Properties request for three (3) monument/berm signs, sign face to be no more than 1'6" by 4'0", that is one (1) monument/berm sign per platted loti such signs, each of 4'0" by 4'0" in size, to be located on Corridor Loop Road. Gary Wallace seconded the motion. The motion carried unanimously. Ernie Evans called for a discussion on item 1, which is a 65' sign versus a 50' sign and 300 square feet versus 250 square feet of sign face. Pia Jarman asked if according to the ordinance a business which is definitely on a corner of a major highway is allowed a free standing sign on each side? Steve Simonson commented this is correct. Pia added that there is a question of corner, which business is not on a corner. The middle business obviously is not. Steve stated that none of the businesses are on the corner, the only business on a corner is Bill Miller. Pia Jarman stated this would then be a huge variance. . Steve Simonson stated the Commission would not be granting the variance for a corner, it would be granted as presented. The request isn't for a corner its a specialized request for Corridor Loop Rd. The topography will provide a challenge for development of the property. David Richmond asked how anyone requests indication of restaurants, hotels etc. from the Texas Hwy. Dept. for their exit signs that are on the interstate. Steve Simonson stated that at the moment the City is looking into this option. David Richmond stated this could be an alternative particularly to northbound traffic which will always be an issue because of topography and the overpass which renders the view difficulties. David Richmond stated that the pylon sign will attract southbound traffic because it's on FM 3009 and because of the topography. Considering signage on FM 3009, to be seen with the topography of the land, it will create problems with everyone trying to compete for higher signage. Keith Van Dine moved to disapprove the request for the construction of the 65' sign on IH 35. Pia Jarman seconded the motion which carried as follows: . Ayes: Tony Moreno, David Richmond, Pia Jarman, Ernie Evans, Keith Van Dine. Abstained: Gary Wallace -6- e e Pia Jarman asked if for Item #4 a motion is needed for disposal of this item. Ernie Evans commented it would be appropriate. . Ernie Evans asked if there is a discussion on item #4, which is the optional 30' sign in the middle of Corridor Loop Rd. There being no discussion nor objection from the petitioner, Pia Jarman moved to deny Corridor Properties, Ltd. the request for the option for a sign not to exceed 30' with no more then a 100 square feet of sign face on the interior of the middle parcel. Tony Moreno seconded the motion which carried unanimously. 18 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Darren Partick for Specific Use Permit for Rainbow Play Systems to Display Playground Equipment. (SUP #16-97) Steve Simonson stated this request is for outdoor material displayed for playground equipment. There is a booklet in the packets showing the type of material that will be displayed. A small portable office will also be on the lot. There are three separate companies selling playground equipment in the area. Ernie Evans asked if there is going to be a company beside a company and basically, to the untrained eye, selling the same type of equipment. Darren Patrick stated that their playground equipment has a blue canopy that makes it unique to the other equipment that has a wooden roof. . Gary Wallace moved to forward to City Council the request from Darren Patrick for a Specific Use Permit for Rainbow Play Systems to display playground equipment, recommending approval. Keith Van Dine seconded the motion which carried unanimously. 19 CONSIDER AND TAKE APPROPRIATE ACTION: Request from David P. Britton, 1345 Birchwood Circle for Special Exception to the Zoning Ordinance to encroach 2' into the platted utility easement. (BOA #97-97) Steve Simonson stated this is a request from the homeowner to place a shed 2' into the 5' utility easement. It will be 3' from the fence which is authorized for a sideyard in the ordinance. The homeowner has a letter from G.V.E.C. stating they have no problem with his encroaching into the easement. Pia Jarman asked Steve Simonson that from his notes he stated Mr. Britton has "almost all his letters"; which letters missing? Steve Simonson stated that Paragon Cable was the letter missing as stated in the letter from Mr. Britton. that are only . Pia Jarman moved to forward to BOA for their action the request from David P. Britton for Special Exception to the zoning ordinance to encroach 2' into the platted utility easement, recommending approval. Gary Wallace seconded the motion which carried unanimously. -7- . . . e e #10 CONSIDER AND TAKE APPROPRIATE ACTION: Interview Applicants for Vacancy on the Commission. The following had submitted applications for the position of Commissioner: Ted Duigon, George Maxfield, Wilhelm H. Nightingale, Joyce Briscoe and Kathy E. Hill. Mr. Wilhelm H. Nightingale regretfully submitted a letter that at present he could not endeavor to serve on the Commission, which reduced the number of candidates to four (4). The Commissioners had the applications in their packets for review. #11 CONSIDER AND MAKE RECOMMENDATION: Selection from Applicants of New Commissioner. All four candidates were interviewed by the Commissioners, candidate was asked questions and all four candidates qualified and presented themselves well at the interview. each were The Commissioners ranked each candidate numerically, assigning one (1) to four (4), points; four (4) being for the best qualified. The forms were collected and given to the Planning Co-ordinator and Council member. All the points assigned to each individual were totalled and the one with the most points considered the top candidate. The polling made Joyce Briscoe the highest ranking candiate. Further discussion on the merits of the candidates, the locality they represented and other pertinent data, as well as impressions and thoughts of the Commissioners followed. Ernie Evans stated a letter would be sent to Joyce Briscoe on the Commission's decision and letters be sent thanking all applicants, and mentioning to each of the other two candidates not already on the BOA that the Commission would like to pass their names and applications to the Board of Adjustment. The Commission Council that recommended forwarding their decision Joyce Briscoe be appointed as Commissioner. to City Il2 GENERAL DISCUSSION: Tony Moreno: Had no comments. Keith Van Dine: Keith Van Dine stated he is impressed to see some youth involvement in the candidates. "It's good to see some of our youth being interested in the community." -8- ~ e Garv Wallace: . Gary Wallace commented on the discussion that had taken place in Galveston on the task for City Staff to look at impact fees, platting and variance fees, parkland, sales tax, surcharge fees etc. as potential sources of sidewalk funding for our city. Ernie Evans commented that the sidewalk funding is an issue but that all of the City's filing fees in general, are relatively low in comparison to surrounding areas. Steve Simonson stated he had asked specifically at the last staff meeting on Friday on this item and was advised it is very hard to get an impact fee of this nature because of the cost. We need to look into all avenues to help the situation along. Pia Jarman: Pia Jarman stated that after the Conference we usually share and discuss some of the different sessions that were attended. "I enjoyed the conference. Its location and some of the sessions were excellent and impressive. The only bad thing was the weather. When our agenda permits the time for us to share our newly gained knowledge we need to do so." David Richmond: . David stated he hoped when he heard of heavy rains in south Texas that no one attending the Conference was floating out to sea. David commented on the great job Randolph Credit Union is doing on the landscaping. The only thing missing in that area is a good restaurant. Ken Greenwald: Ken commented on the copies of letters from City Council on the approvals for Helen Gutierrez, Mr. Johnson and Mr. Hellums, as well as the letter on the approval of the three Commissioners' renewal of terms. David Richmond asked what the Gutierrez' feeling was on the naming of the Park instead of the street. Ken Greenwald commented the family had no problem with the decision. A tour of the city was taken by the Council and City Manager in ways of funding sidewalks, walking trails etc. in the City. Many of the problems the City has is kids and adults walking to work or using skateboards in the middle of the roads. . Steve Simonson: Had no comments. -9- . . . e e Ernie Evans: Ernie stated for the Commissioners that attended the Conference to please turn in their form with receipts for reimbursement. An outline review. We define the land use. on the Comprehensive Plan has been passed out for need to schedule another Comprehensive Plan meeting to Schermerville area in terms of colors for the map in The handout on the guide to a city's development of goals objectives by means of directing to allow flexibility, is considering how to outline and make use of the Compo Plan. that the law is in effect, and it does not affect anything, we Commission need to get ready to go with the plan, with exception that the law requires a statement on every planning that shows land use, that it is not a zoning map. and for Now as a the map We need to take time after the Planning and Zoning discuss various items in order to set up standards development. meeting to help to in Ernie commented that according to the new laws, the term "replats" is changed. A replat that changes any easements, metrics on an existing plat is not a replat. We are going to learn to use the terminology correctly in the motions and recording of the minutes. When a plat is "vacated" in fact it is a vacate plat and platting starts allover. Only when it is used to make minor clerical corrections can it be a "replat". The next P & Z meeting is Oct. 28, 1997. We will discuss having a meeting on Nov. 11, 1997 due to it being a holiday. David Richmond moved to adjourn the meeting. Pia Jarman seconded the motion which carried unanimously. The meeting adjourned at 9:25 p.m. /1 t~. Commission ATTEST: Planning Secretary, City of Schertz, Texas -10-