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03-08-2005PLANNING AND ZONING MINUTES MARCH 8, 2005 The Schertz Planning and Zoning Commission convened on March 8, 2005 at 6:30 p.m. at the Municipal complex, Council Chambers, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice Chairman Keith Van Dine, Secretary Gary Wallace Clovis Haddock William Sommers Roberta Tutschke Ken Greenwald, ex- officio CITY STAFF Leonard Truitt, Building Official Misty Nichols, Planning Technician COMMISSIONERS ABSENT OTHERS PRESENT Robert Brockman, 1000 Elbel Road Tom Flores, Flores Engineering Kevin Hunt, Vickery and Associates Jesse Hellums, 16161 College Oak, San Antonio 1. Call to Order/Roll Call Chairman Richmond called the meeting to order at 6:30 p.m. 2. Citizen Input other than Agenda Items There was no one present to speak. 3. Discuss and take appropriate action to approve the minutes of the February 8, 2005 and the February 22, 2005 Planning and Zoning meetings. (The February 8, 2005 minutes were tabled at the February 22, 2005 meeting) Mr. Sommers moved to remove from the table the Planning and Zoning minutes for the February 8, 2005 meeting. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. Following review, Mr. Haddock moved to approve the corrected minutes of the February 8, 2005 and the February 22, 2005 Planning and Zoning meetings. Mr. Wallace seconded the motion. Motion carried. Vote unanimous. 4. Board of Adjustment Actions There were no Board of Adjustment actions at this time. 5. Code Enforcement Issues Mr. Truitt reviewed the February 2005 code enforcement report. Mr. Richmond was happy to see the storage container sign on IH 35 has been removed. 6. CONSENT AGENDA Minutes Planning and Zoning Commission March 8, 2005 Page 1 of 5 All items under the Consent Agenda are heard collectively unless opposition is presented, in which case, the contested item will be considered, discussed and appropriate action taken separately. Mr. Evans asked that items A and B be separated for discussion. A. PC2005 -023 Discuss and take appropriate action on final plat approval of the SPV, L.L.C. Subdivision. The 7.659± acre tract is located on the east side of Schertz Parkway, north of Wiederstein Road. The property is zoned General Business (GB). Applicant: Jesse Hellums Mr. Truitt reviewed staff comments and stated that the plat was approved at the January 25, 2005 meeting. The Commission showed concerns with the topography and speed limit at the north access point of the Subdivision. Staff corresponded with the City Engineer and Public Works Department. Both departments stated that it would not be necessary to place a right turn lane on Schertz Parkway. The Commission was asked to refer to a letter from the Public Works Department stating that they will not be requiring a deceleration lane. The plat meets the Unified Development Code and staff recommends approval. Mr. Evans stated he disagreed with the Public Works decision and was concerned that they were not looking at the safety issue. He stated that he has walked the property and has read all the safety manuals. He stated that he would not be in support of this plat. Mr. Hellums mentioned that there are other streets within San Antonio such as Stone Oak Parkway and Sonterra Parkway which have no turn lanes. Although there are many changes in the topography, several businesses load onto these roads without problem. Mr. Evans stated that his understanding is that Stone Oak and Sonterra are traffic hazards. Ms. Nichols explained that the city could attempt other means to improve the area, such as installing a yie J sign indicating a driveway ahead, or reduce the speed limit. Following review and discussion, Mr. Wallace moved to approve the request. Mr. Haddock seconded the motion. Voting AYE: Mr. Richmond, Mr. Haddock, Mr. Wallace, and Mr. Van Dine. Voting Nay: Mr. Evans, Mr. Sommers, and Ms. Tutschke. Motion carried. B. PC2005 -008 Discuss and take appropriate action on a request for final plat approval of the Belmont Park Subdivision, Unit 4. The 18.75± acre tract contains 81 single - family lots and is located between IH 35 and Old Wiederstein Road, west of FM 1103. The property is zoned Residential -5 (R -5). Applicant: Vickery & Associates Mr. Sommers questioned the access on Wiederstein Road. He mentioned that he thought there was an agreement with D.R. Horton to keep all hauling vehicles entering and exiting on IH 35 access. He stated that he noticed large vehicles traveling on Wiederstein Road. He questioned if these were vehicles from the Belmont Park Subdivision. Mr. Truitt stated that these are not vehicles from Belmont Park Subdivision, but were from the City of Cibolo's subdivision construction. Following review and discussion, Mr. Sommers moved to approve the request. Ms. Tutschke seconded the motion. Motion carried. Vote unanimous. Minutes Planning and Zoning Commission March 8, 2005 Page 2 of 5 7. Close the Regular Session for a Public Hearing at 7:00 p.m. The Regular session was closed at 7:05 p.m. PUBLIC HEARING Resolution No. 05 -R -02 Public Hearing to receive citizen comments regarding a proposed City of Schertz Resolution imposing a moratorium on property development in the platted residential subdivision identified as the Live Oak Hills Subdivision. The Public Hearing was opened at 7:05 p.m. Mr. Brockman questioned why the city has chosen to call another moratorium on the Live Oak Hills Subdivision. He stated that this is not a solution to the problem, and the city needs to find a viable solution. Mr. Greenwald stated that easements are not available to all properties, and a minimum of 30 -40 lots cannot be developed due to drainage problems. He also stated that deed restrictions indicate that one hundred percent of the property owners must agree to change anything within the subdivision. Mr. Hellums stated that he has contacted the owners located behind his property, and indicated that some are ready to sell and others don't know what they want to do. Mr. Brockman asked how this is affecting the portion of the subdivision that is located in Selma with a home placed within the subdivision. Mr. Evans stated that the home Mr. Brockman is referring to has no utilities hooked up to it and requires a septic system. It has never been occupied. There being no additional speakers Mr. Richmond closed the Public Hearing at 7:16 p.m. Reconvene into Regular Session of the Planning and Zoning Commission. The Commission reconvened into regular session at 7:17 p.m. 10. SV2005 -021 Discuss and take appropriate action for a variance to the Unified Development Code, Article IX (Signs) for Hampton Inn & Suites. The request is for the following: a. Free Standing Sign: exceed maximum height and size b. Wall Signs: exceed number and size allowable Applicant: Corridor Hotel, Ltd. Mr. Sommers moved to remove from the table the variance request for Hampton Inn & Suites. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Mr. Truitt reviewed staff comments and stated that the Planning and Zoning Commission approved the site plan for this project on July 13, 2004 without any signage. This application is for three signs: one freestanding sign and three wall signs with variances: SIGN ORDINANCE REQUEST VARIANCE Free Standing Sign Height: 50 -feet maximum Size: 250 square feet 65 -feet 385 square feet 15 -feet 135 square feet Wall Signs 1 sign at 10% of wall 3 signs, each 139 square 2 extra signs and Minutes Planning and Zoning Commission March 8, 2005 Page 3 of 5 Mr. Haddock asked to make the pole sign and building sign two separate discussions. The Commission agreed. Mr. Sommers stated that he could not see why a 65 -foot tall pole sign should be approved. The property was purchased with the knowledge that there were problems with the topography. Mr. Truitt stated that the topography should be considered a hardship. Mr. Haddock stated that if the owner wants he could raise the ground level 24 -feet and add a 50 -foot tall pole. He questioned why should a development be blocked out because of the length of a pole. The Commissioners discussed the possibility of sharing the pole sign with another development. Staff explained that the signs could not legally be placed on the same pole unless one company owned both developments. Following further discussion, Mr. Sommers moved to disapprove the request. Ms. Tutschke seconded the motion. Voting Aye: Mr. Wallace, Mr. Evans, Mr. Sommers, and Ms. Tutschke. Voting Nay: Mr. Richmond, Mr. Haddock, and Mr. Van Dine. 11. PC2005 -006 Discuss and take appropriate action on a request for preliminary plat of the Closner -FM 2252 Subdivision. The 7.665 -acre tract is located south of FM 2252 between IH 35 North and FM 482. The property is zoned Manufacturing District -Light (M -1) Applicant: Flores & Co. Consulting Engineers Mr. Truitt reviewed staff comments and stated that this plat meets the requirements of the Unified Development Code. Staff offers no additional comments and recommends approval. Mr. Flores stated that he is the representative for Mr. Closner and is assisting him on this project. He stated that Mr. Closner is aware that there is no sewer on his property at this time and will be installing a septic system. Mr. Richmond stated the location map is incorrect in frontage on FM 2252. Mr. Flores stated that this would be corrected on the final plat. Following further review and discussion, Mr. Wallace moved to approve the request. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 12. Items by Commissioners and City Staff Ms. Tutschke Stated that the proposed Permissible Uses have too many discrepancies and need to be addressed. Mr. Evans suggested that the Commission only review what is currently in the Unified Development Code and determine proper definitions first. New items and definitions can be added after the current uses are established. He also stated he would like to see the items column moved to the left of the page. Mr. Richmond Stated that he favors the ordinance on banners as it reads today. Mr. Truitt stated that he has a problem with maintaining a paper trail on the banners at permitting. Minutes Planning and Zoning Commission March 8, 2005 Page 4 of 5 surface, not to exceed 50 feet 367 additional square feet square footage Mr. Haddock asked to make the pole sign and building sign two separate discussions. The Commission agreed. Mr. Sommers stated that he could not see why a 65 -foot tall pole sign should be approved. The property was purchased with the knowledge that there were problems with the topography. Mr. Truitt stated that the topography should be considered a hardship. Mr. Haddock stated that if the owner wants he could raise the ground level 24 -feet and add a 50 -foot tall pole. He questioned why should a development be blocked out because of the length of a pole. The Commissioners discussed the possibility of sharing the pole sign with another development. Staff explained that the signs could not legally be placed on the same pole unless one company owned both developments. Following further discussion, Mr. Sommers moved to disapprove the request. Ms. Tutschke seconded the motion. Voting Aye: Mr. Wallace, Mr. Evans, Mr. Sommers, and Ms. Tutschke. Voting Nay: Mr. Richmond, Mr. Haddock, and Mr. Van Dine. 11. PC2005 -006 Discuss and take appropriate action on a request for preliminary plat of the Closner -FM 2252 Subdivision. The 7.665 -acre tract is located south of FM 2252 between IH 35 North and FM 482. The property is zoned Manufacturing District -Light (M -1) Applicant: Flores & Co. Consulting Engineers Mr. Truitt reviewed staff comments and stated that this plat meets the requirements of the Unified Development Code. Staff offers no additional comments and recommends approval. Mr. Flores stated that he is the representative for Mr. Closner and is assisting him on this project. He stated that Mr. Closner is aware that there is no sewer on his property at this time and will be installing a septic system. Mr. Richmond stated the location map is incorrect in frontage on FM 2252. Mr. Flores stated that this would be corrected on the final plat. Following further review and discussion, Mr. Wallace moved to approve the request. Mr. Haddock seconded the motion. Motion carried. Vote unanimous. 12. Items by Commissioners and City Staff Ms. Tutschke Stated that the proposed Permissible Uses have too many discrepancies and need to be addressed. Mr. Evans suggested that the Commission only review what is currently in the Unified Development Code and determine proper definitions first. New items and definitions can be added after the current uses are established. He also stated he would like to see the items column moved to the left of the page. Mr. Richmond Stated that he favors the ordinance on banners as it reads today. Mr. Truitt stated that he has a problem with maintaining a paper trail on the banners at permitting. Minutes Planning and Zoning Commission March 8, 2005 Page 4 of 5 Mr. Evans Stated that the new legislation has been published on the CPAT website. There have been changes that are detrimental to the city. He also mentioned that he has been reviewing other cities Development Codes pertaining to signage, and notices that other cities have a means to control signage and remove off - premise signs. He also mentioned that San Antonio is starting to issue citations to those who use bandit signs. He mentioned that Schertz was ahead of the game and congratulated Mr. Truitt for a job well done enforcing the Sign Ordinance in the Unified Development Code. Mr. Haddock Asked if we had any news on a new City Manager. Mr. Greenwald Stated that there were 29 applicants for City Manager and a committee narrowed it to six then to three. City Council interviewed two of those candidates on Friday, March 4, 2005, and offered a contract to one. He is reviewing the contract with his attorney and will respond to the contract possibly at the March 9, 2005 City Council meeting. He then mentioned the shooting incident last Thursday night on IH 35. He stated that the suspect emptied a 9 mm, then moved to an AK -47 assault rifle and emptied two clips into the driver door and window of the police vehicle. Thankfully, our Police Department just recently purchased laser sites for all officers' weapons. The suspect was shot three times and is still in the Hospital. The Officer was not injured. 13. Adjournment There being no further business, Mr. Haddock moved to adjourn the meeting at 8:15 p.m. Mr. Van Dine seconded the motion. Motion carried. Vote unanimous. Chairman, Planning and Zoning Commission Minutes Planning and Zoning Commission March 8, 2005 Page 5 of 5 Reco din ecre , City of Schertz