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11-28-1989 ~: ~~; ~D IF FI LE PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, November 28, 1989 at 7:00 P.M. in the Muni~ipal Complex Conference Room, 1400 Schertz Parkway. Those pres~nt were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN BOB ANDREWS GEORGE VICK JIM SHRIVER KEN GREENWALD, COUNCILPERSON JOHN WILKERSON, SOUTHWEST NEON R.G. STILL, CONOCO HAROLD STONE, PAYLESS GAS GLENN HOFFPAUIR, VINTAGE CUSTOM HOMES JAMES ANDERSON, ETJ REP. CITY STAFF MEMBERS ABSENT JOE POTEMPA, VICE-CHAIRMAN STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SEC'Y. '1 CALL TQ ORDER Chairman Brisgill called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session November 14, 1989 "" Steve Simonson asked that on page 9, paragraph 9, under Steve Simonson, the word "pig" in the first sentence be changed to "hog" and the second sentence be changed to read as follows: "Mr. Simonson said finally a nice man offered the use of his equipment to help". Then add a third sentence: "The next morning it was discovered the hog had broken through the fence and wandered away. " There being no further corrections or additions, Bob Andrews made a motion to approve the minutes, as amended, for the regular session November 14, 1989. Merwin Willman seconded the motion and the vote was as follows: ~ AYES: K. Van Dine, M. Willman, B. Andrews, G. Vick, J. Shriver NAYS: None .. ABSTENTIONS: T. Brisgill Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. 14 CONSIDER AND MAKE RECOMMENDATION: Request from Vintage Homes, Inc. for Preliminary and Final Approval of a Replat of Lots 13 and 14, Block 7 to Lot 21, Block 7, Savannah Square subdivision, Unit 1 Glenn Hoffpauir was at the meeting to represent this request. Chairman Brisgill asked for Staff input. Steve commented since Lots 13 and 14 are adjacent to. constructed homes, they fall within 500 feet of already lots and according to the Subdivision Ordinance under 16.5, we are required to have a public hearing. Simonson already platted Section Mr. Simonson also mentioned the following corrections which need to be made to the plat: (a) Replace the Word Original with Vacate. (b) Plat must contain statement concerning the 100 year flood plain. (c) Plat must be signed by owner and surveyor. (d) Replace the statement for signature of Commissioners Court of Guadalupe County with the proper statement for recordation ln Guadalupe County. ~:~:.,; George Vick made a motion to recommend this request be scheduled for a public hearing. Bob Andrews seconded the motion and the vote was unanimous in favor. Motion carried. After discussion about the upcoming schedule, it was decided to schedule this public hearing for January 9th in conjunction with the public hearing for zoning on the properties proposed for annexation. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Behalf of Payless Gas at Request for Variance to Allow Additional Sign on One, This Will Make Two on John Wilkerson, on IH-35 and FM 1103, Sign Ordinance to IH-35 <Already Has Same Thoroughfare) John Wilkerson, R.G. Still, and Harold Stone were at the meeting to represent this request. Chairman Brisgill asked for Staff input. Steve Simonson informed the Commission the Staff had interpreted the ordinance as meaning payless is allowed two signs, one on each thoroughfare. Mr. Simonson said payless is requesting that both signs be located on IH-35. Merwin Willman disagreed with the Staff referred. to Page 1, Article II, Paragraph 1. interpretation and (amended by Ord. 87- ') -L- S-13, 6-16-87) which says: "All businesses shall be authorized two (2) signs - one (1) sign on the building and one (1) free- standing sign". Bob Andrews then pointed out Page 11, Section 5c.(1) which says: . "On corner lots, that frontage on a major or primary street shall be construed to be the development lot frontage. No more than one (1) sign shall be permitted, except on a development lot located at the intersection of two major thoroughfares or two expressways/interstates or a major thoroughfare and an expressway /interstate. A free-standing sign shall be permitted on each thoroughfare or expressway/interstate or one (1) sign, of the same size, height and setback, may be placed on the corner, provided it is not within the visibility triangle". John Wilkerson spoke at this time saying the easement cuts off a big hunk of the property and there are only two places to put signs where they can be seen. Mr. Wilkerson also told the Commission they are changing from Shell to Conoco gas and their customers need to be able to see the Conoco sign. Chairman Brisgill commented he had driven out by the property and noticed the house and trees next door. Mr. Brisgill asked how high the sign will be and questioned if it won't be obscured by the trees. ~~.: John Wilkerson replied the sign will be approximately 45 feet and said he thinks the trees are probably about 40 feet high. Chairman Brisgill remarked he doesn't see how this sign will have better visibility. John Wilkerson noted that the sign will be next to the trees so it won't be shaded by them. Chairman Brisgill then asked about when the trees grow - there's no room for growth. John Wilkerson said they could go as high as 50 feet with no problem. Chairman Brisgill asked how far back from the property line the sign will be located and John Wilkerson replied approximately 42 feet. Bob Andrews told John Wilkerson he can see the need for the one sign, but not for two. Merwin Willman then asked why the current slgn can't be raised to 50 feet instead of having two slgns. Harold stone from Payless Gas indicated they would have to rebuild the sign if they did that because of the foundation. -3- Jim Shriver made a motion to approve the request from John Wilkerson, on behalf of payless Gas at IH-35 and FM1103, for a variance to the Sign Ordinance allowing them to put an additional sign on IH-35. George Vick seconded the motion and the vote was as follows: AYES: K. Van Dine, G. Vick. J. Shriver NAYS: T. Brisgill, M. Willman, B. Andrews ABSTENTIONS: None Motion did not carry. Bob Andrews once again stated he can see need for the high-rise slgn on IH-35, but not the need for the second sign. Greg Still of Conoco emphasized it is better to use the current slgn and convert it rather than tear it down. Mr. still also said they need the payless name on their sign for recognition and also if they put the price on the high-rise sign, the numbers cannot be seen. Bob Andrews asked if they find that people really look at the price or just look for the brand. Mr. Still replied they have found people do look for the price. ':--t< ~ Chairman Brisgill again brought up the height of the trees and expressed the opinion he does not think the second sign is going to help. Jim Shriver (for the second time) made a motion to approve the request from John Wilkerson, on behalf of payless Gas at IH-35 and FM 1103, for a variance to the Sign Ordinance allowing them to put an additional sign on IH-35. George Vick seconded the motion and the vote was as follows: AYES: K. Van Dine, G. Vick. J. Shriver NAYS: T. Brisgill, M. Willman, B. Andrews ABSTENTIONS: None Again, the motion did not carry. Greg Still insisted they need the existing slgn to say payless and to list the prices. Bob Andrews asked, when they took the boom up, what the visibility was on FM 1103. John Wilkerson said from FM 1103 you miss the little sign on IH-35, but you can see the big one until you get down into the valley and then you can see only the little one. Keith Van Dine made a motion to table, until the next regularly scheduled meeting, (at which time it is hoped all seven members of the Commission will be present) the request from John Wilkerson, on behalf of Payless Gas at IH-35 and FM 1103, for a -4- variance to the Sign Ordinance allowing them to put an additional sign on IH-35. Bob Andrews seconded the motion and the vote was as follows: AYES: T. Brisgill, K. Van Dine, M. Willman, B. Andrews, J. Shriver NAYS: None ABSTENTIONS: G. Vick Motion carried. Bob Andrews suggested Mr. Wilkerson bring better sketches with dimensions to the next meeting. #6 CONSIDER AND MAKE RECOMMENDATION: John Wilkerson, on Behalf of payless Gas At Jack Hays Blvd. and Borgfeld Rd., Request for 13' 7" Variance to Requirements of Special Overlay District of Zoning Ordinance for a Low-Profile Type Sign As with the previous Item, John Wilkerson, R.G. Still, and Harold Stone were at the meeting to represent this request. Chairman Brisgill asked for Staff input. Steve Simonson advised the Commission this request falls under the Overlay District section of the Zoning Ordinance in Section 2 (e) 6. which states: "Each business is permitted to have one (1) attached low profile type sign not attached to the building. The sign shall be approved, by the Planning and Zoning Commission, prior to construction. Sign shall be a low profile type, normally not to exceed five (5') fee.t" a.nd the maximum allowed size does not exceed forty-one hundredths (0.40) square feet for every foot of frontage along FM 3009 right-of-way with a maximum size of one hundred (100) square feet allowed." Mr. Simonson continued on saying since we know Jack Hays Blvd. will be widened, this sign appears to be in the triangle that will be taken. Greg Still was asked what they plan to do with the present slgn and he replied it will be taken down. Mr. Still said the payless sign under the canopy will come down and they will leave the logo on the four corners. Steve Simonson informed Mr. Still any new sign will have to go outside where the triangle area will be after Jack Hays Blvd. is widened. Bob Andrews asked Greg Still if they had received the right-of- way information and Mr. Still replied they had not. Jim Shriver asked Greg Still if they are willing to put the sign where it needs to be and was infprmed they are willing. -5- Keith Van Dine then questioned if the Commission would need a new request from Payless, but Councilperson Ken Greenwald indicated the change could be proven with the right-of-way maps. After some discussion on the size of Andrews made a motion to recommend to request from John Wilkerson, on behalf Hays Blvd. and Borgfeld Rd., for a requirements of the Special Overlay Ordinance (for a low-profile type sign) hearing. the proposed sign, Bob City Council that the of payless Gas at Jack 13' 7" variance to the District of the Zoning be scheduled for a public Merwin Willman seconded the motion and the vote was unanimous ln favor. Motion carried. The Commission will hold a public hearing on this request prior to the public hearing to be scheduled by Council. The date for the Commission's public hearing was set for January 23, 1990. #1 CONSIDER AND TAKE APPROPRIATE ACTION: Approval of Handouts for Zoning Public Hearing :<; Merwin Willman had written up a handout explaining the proposed zoning on the five tracts of land being annexed. In the handout, Mr. Wi llman gave the reason for the proposed type of zoning, explained something about the particular zoning, explained that the Zoning Ordinance contains a schedule of uses for different zonings and how some uses are nonconforming, and listed some of the restrictions for a particular zoning. Also included in the handout, on the back of each page containing all the above information, is a map showing the location of the tract being annexed. Mr. Willman commented he had written up this handout in an effort to eliminate some of the problems that arise when land is being zoned. The Commission agreed it is an excellent idea. Jim Shriver made a motion to approve the handouts and suggested they be included with the notices sent to the property owners regarding the publ ic hearing on zoning. It was al so suggested copies of the handout be available at the Municipal Complex for any citizen wishing to obtain one. Bob Andrews seconded the motion and the vote was unanimous ln favor. Motion carried. f8 CONSIDER AND MAKE RECOMMENDATION: Discussion on Amendment to Sign Ordinance Regarding Garage Sale Signs Chairman Brisgill asked Merwin Willman for input. Mr. Willman remarked that during the Council workshop on October 11, 1989, it was suggested controls be established on garage sale signs, -6- therefore he wrote up a proposed amendment to the Sign Ordinance regarding garage sale signs. Chairman Brisgill noted the only problem he sees with this is the enforcement. Councilperson Ken Greenwald told Mr. Brisgill that if this amendment goes to City Council, he will bring up the enforcement. Jim Shriver was very adamant about the fact that he objects to this entire amendment on garage sale slgns. At this time the Commission reviewed what Merwin Willman had written up and offered their comments and suggestions. They did make a few changes to the original proposal. Bob Andrews made a motion to forward this proposed amendment to the Sign Ordinance regarding garage sale signs, with the suggested changes, to City Council for their consideration. Mr. Andrews asked that it be noted some of the Commission members feel parts of it are not enforceable. Chairman Brisgill suggested giving Council what we have and asking them for their input. Mr. Brisgill said this should not be considered the finished product, but we should get input back from the Council in order to complete it. ;';~ At this time Bob Andrews withdrew his motion. There was further discussion with agreement that the context is good, but points of it not enforceable as the City stands now. ::;~!- Bob Andrews again made a motion to forward this proposed amendment to the Sign Ordinance regarding garage sale signs, with the suggested changes, to City Council for their consideration. Mr. Andrews asked that it be forwarded with the understanding it is not to be considered the finished product - the Commission is asking for input from the Council. Mr. Andrews also asked that it be noted that several of the members do not feel this proposed amendment, as a whole, could be implemented because, in their opinion, some of it is not enforceable. Keith Van Dine seconded the motion and the vote was as follows: AYES: T. Brisgill, K. Van Dine, M. Willman, B. Andrews, G. Vick NAYS: J. Shriver ABSTENTIONS: None Motion carried. Jim Shriver asked that his conveyed to the Council. recommendation is forwarded. oppos it ion to It will be this amendment so noted when be the -7- 19 GENERAL DISCUSSION Jim Shriver: (a) There lS a dangerous situation, with the potential for an acc ident, at Lindbergh and Main. When you are taking Lindbergh to the left, the view is blocked by cars parked in front of True Value. Councilperson Ken Greenwald and steve Simonson both agreed the first thing to do is have the Police Department check on their traffic control records regarding that intersection. George Vick: (a) What's going on at 13th Row? steve Simonson said the City is cleaning up. Steve Simonson: (a) The City has obtained, from the railroad, the right-of-way on FM 78. The Bexar County/ Universal City side will be a much tougher problem and will be needed before we can go ahead. Chairman Brisgill: ~;;.:; (a) The demographics letter to Donnelley Marketing lS good - don't know if there will be any results, but it's good. (b) Everyone needs to look at the Payless Gas signs before the next meeting. #10 ADJOURNMENT Chairman Brisgill adjourned the regular seSSlon at 8:53 P.M. The Commission took a short break at this time. The Schertz Planning and Zoning Commission convened in a special session, after the regular seSSlon, in the Municipal Complex Conference Room, 1400 Schertz parkway. Tony Bagwell and Mickey Fishbeck of Rimrock Consulting Company and Ed Ford of Ford Engineering were present for the special session. #11 CALL TO ORDER Chairman Brisgill called the meeting to order at 9:00 P.M. and turned it over to Tony Bagwell. ~ .~.. #12 ADVISORY COMMITTEE MEETING: Specific SB336 Requirements: Determination of Local Objectives; Finalize Service Area Determination; Presentation of Preliminary Land Use Assumptions and Unit Usage Assumptions -8- Mr. Bagwell gave a chart to the Commission showing comparison of costs of alternative municipal financing approaches . The chart showed the municipal revenue bonding approach and the capital recovery fee approach. Mr. Bagwell commented that capital recovery fees help keep rate increases down caused by new development. Tony Bagwell informed the Commission SB336 requires that in 10 years the City look back and see if fees actually exceeded the true cost of service. If they did exceed the true cost of service by more than 10%, the City is liable for refunds. Mr. Bagwell emphasized they are here to provide technical help and the Advisory Committee provides guidance, input and comments. Jim Shriver asked Tony Bagwell, if in working with other cities, do the others understand the material handed out to them. Mr. Bagwell replied they understand to some degree. George Vick mentioned they are develQping a Capital Improvement Plan (CIP)and he has never done one before. Bob Andrews commented, if he understands it correctly, when the process is finished, Advisory Committee a is correct. Rimrock Consulting will be giving the CIP for approval and Tony Bagwell said that :~~~ . Jim Shriver asked who's supposed to be accomplishing the establishment of a CIP, the Advisory Committee or Rimrock Consulting. Tony Bagwell replied it is a joint effort. Chairman Brisgill expressed his concern about understanding all the legal data. Councilperson Ken Greenwald told Mr. Brisgill that Rimrock Consulting is just providing them the background information for the legal precedent of SB336. Jim Shriver asked if they could have a copy of the law. Bagwell replied yes, he will see that they get one. Tony James Anderson stated it would be advisable to have maps showing the City limits, ETJ's, proposed annexations, etc. George Vick had questioned which utilities they are talking about and Tony Bagwell said water /wastewater. Mr. Bagwe II related there had been discussion on the possibility of capital recovery fees for drainage, but Council has not directed them to go forward on that. There was a brief discussion on the schedule and Steve Simonson remarked they are under the burden of a time frame. -9- Chairman Brisgill acknowledged he has a lot of concern on passing things they don't understand. steve Simonson informed the Commission if they don't meet the time frame, what it means is the City cannot charge capital recovery fees until such time as they have a CIP. Jim Shriver asked how many hours they're talking about to complete the process. Tony Bagwell said to get to the end product, it takes about nine steps and the first step is utility demand projections for the next ten years. steve Simonson asked if they are going to have maps to look at for determining the land uses and Tony Bagwell repl ied yes they will. There was discussion on the conceptual service area and on projecting demands and Tony Bagwell said they need to look at projected demands on a City-wide level for the next ten years and use it as a basis for developing impact fees. Mr. Bagwell explained that water service areas are determined by regulatory constraints, but wastewater service areas are usually more dependent on topographical constraints. ,~~-::~ At this time Ed Ford spoke to the Commission. Mr. Ford told the Commission they will be using the zoning.map as the land use map and also as the map for outlining the current and conceptual service areas. Mr. Ford advised that if they use the chart for usage based on zonings, it will enable them to look at the ultimate development. Ed Ford continued on, saying the City of Schertz lS pretty well landlocked as far as service areas. Mr. Ford said his firm did a major water study six years ago and Converse, Schertz and Boerne were listed as the fastest growing cities, but because of the downturn in the economy, things came to a dead stop. There was a discussion on development ln the Schirmerville area with steve Simonson saying that as far as sewer lines go, no one has thoughts right now of going south. However, because of 1-10 and the possibility it provides for the future, it was felt this area should not be overlooked when projecting ul timate development. There was then a brief discussion on rates and steve Simonson commented whatever the rate is for water is applicable to the entire City, however the sewer rate is dependent upon whatever treatment facility provides the service. -10- Jim Shriver asked how often the fees can be changed. Tony Bagwell replied that by law the city has to look at them every three years, but they can be updated as often as you want if you are willing to go through the process. Merwin Willman asked if it would be possible for the Advisory Committee to have a smaller version of the large zoning map which would also include the water service area, and Ed Ford replied he will provide smaller maps for them. Tony Bagwell remarked the public hearing notice published ln the newspaper has to include the map. Mickey Fishbeck then distributed to the Commission replacement pages, an executive summary, and a text to be read before the next meeting. #13 ADJOURNMENT Chairman Brisgill adjourned the meeting at 10:26 P.M. The next regular and special session are scheduled for December 12, 1989. -11-