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04-08-1986 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on April 8, 1986 at 7:00 P.M. in the Municipal Complex Conference Room. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF BOB ANDREWS, VICE-CHAIRMAN STEVE SIMONSON, PLANNING COORDINATOR MERWIN WILLMAN NORMA ALTHOUSE, RECORDING SECRETARY TY BRISGILL DONALD WILSON OTHERS PRESENT KEN GREENWALD, COUNCILMAN JIM BENEDICT MEMBERS ABSENT JOHN PARK THOMAS YARLING, CHAIRMAN JAMES HARDEN, SECRETARY DAVID ALLEN #1 CALL TO ORDER Vice-Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: A. Regular Session March 25, 1986 Merwin Willman made a motion to approve the minutes for the regular session March 25, 1986. Ty Brisgill seconded the motion and the vote was unanimous in favor. " B. Special Session April 1, 1986 Ty Brisgill made a motion to approve the minutes for the special session April 1, 1986. Merwin Willman seconded the motion and the vote was unanimous in favor. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Lone Star - Request for Permission to Place Pennants, for 10 Days, to Announce the Grand Opening of the Store on Jack Hays Boulevard Vice- Chairman Andrews-asked if there was any input from the Staff. Steve Simonson replied pennants are authorized in the ordinance, the ten days is the legal time limit, and the St"aff felt the pennants would not. be a distraction to traffic along Jack Hays Boulevard. Vice-Chairman Andrews asked if there was any progress on the curb cut at Lone Star. Steve Simonson replied the permit for access to FM 3009 had been issued by the New Braunfels Highway Department, not the Seguin Highway Department, and they had even drawn a map when the permit was issued. Mr. Simonson also said it is in the State Highway Department's right-of-way and built to their specifications, so it's the (1) City's problem to try and get it corrected. Ty Brisgill commented they are now requesting permission for pennants and haven't rectified the curb cut problem yet. Vice-Chairman Andrews remarked he understood that a Certificate of Occupancy had been issued and Steve Simonson said yes it had. Vice- Chairman Andrews asked Steve Simonson if he found anything in the minutes where the requirement for the spiral taper approach had been discussed.. Mr. Simonson replied yes' it had been discussed and the construction plans called for the spiral taper approach. Donald Wilson commented this error was committed with the foreknowledge of Lone Star and they have created a traffic hazard - someone is going to get killed. Ken Greenwald asked, if Seguin is in control of this, why did New Braunfels issue the permit. Steve Simonson replied that was before Seguin was in control. Vine-Chairman Andrews, referring to the letter in the Commission's package from Lone Star, asked who had 1`ined out the paragraph requesting a portable sign and marked it "not allowed".. Steve Simonson replied he had because a portable sign is not permitted according to the ordinance. Then, Vice-Chairman Andrews asked if the request was as it is in this letter or only for pennants. Steve Simonson replied the request is only for pennants - he had spoken with Mr. Davis and informed him the sign would not be allowed and Mr. .Davis understood this. Ty Brisgill commented the request for pennants seems to be in order. Merwin Willman acknowledged he had no problem with it. There was a brief discussion on hating to see a business getting started without having things done and on the possibility of construction in the future to correct the problem. Uice-Chairman Andrews asked if Lone Star had to meet the ,minimum sight distance required by the .State and Steve Simonson replied yes they did. Ken .Greenwald commented something should be put in writing saying that Seguin is the only one who can sign the access permit. Ty Brisgill made a motion to recommend approval of the request by Lone Star for permission to place pennants, for 10 days, to announce the grand opening of .the store on Jack Hays Boulevard effective April 10 through April 21, 1986. Merwin Willman seconded the motion and the vote was unanimous in favor. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Supergraphic Signs - Request to Place Tem- porary Development Sign Along Jack Hays Boulevard to Advertise Greenshire Plaza. i Vice-Chairman Andrews remarked it's directly in front of the curb cut. Donald. Wilson asked if these people don't have some other signs. Steve Simonson i replied this particular sign is advertising a commercial development. Ken Greenwald asked if there's anything in the ordinance about temporary development signs and Steve Simonson replied yes and this conforms to the ordinance. j (2) Vice-Chairman Andrews commented this company now knows our proper procedure. Merwin Willman stated we have been giving these companies a year from the time we approve and he thinks it should be a year from the date of issuance of the sign permit. Ken Greenwald said that would be easier for tracking. Merwin Willman made a motion to recommend approval of the request. from Supergraphic Signs to place a temporary development sign along Jack Hays Boulevard to advertise Greenshire Plaza for a period of one year effective from the date of issuance of i the permit with the option to renew in twelve month increments up to a period of three years. Ty Brisgill seconded the motion and the vote was unanimous in favor. #6 GENERAL DISCUSSION Vice-Chairman Andrews stated that before beginning the general discussion, he would like to go back to Item #3 - CITIZENS' INPUT OTHER THAN AGENDA ITEMS. Vice-Chairman Andrews said there a couple of gentlemen present who arrived too late for Item #3 and that they want to show the Commission a plan on a property they have been having some problems with and get some feedback. Mr. Andrews said he had discussed this with Steve Simonson. The two gentlemen present were Jim Benedict and John Park. Jim Benedict said what they have is a pie-shaped two acre tract near Silvertree Boulevard, fronting FM 3009. Mr. Benedict also said it is an odd configuration and they have been trying, with plans drawn up by an architect, to work within the FM 3009 Overlay Ordinance. It is proposed to be a 17,000 square foot retail center, including a day care center • and an out parcel off FM 3009 for other use, with heavy landscaping. John Park commented there is a fifty-foot easement on one side of the property. Mr. Park also said they would have an entrance for delivery, fire vehicles, emergency vehicles, etc. Mr. Benedict and Mr. Park showed the Commission their proposed plan. The Commission felt the two main problems with it were the three proposed entrances and the buffer figured at only 10 feet (the Overlay Ordinance require a 20 foot buffer zone). There was discussion on parking spaces, situating the retail center differently, number of entrances (one wide entrance was suggested), the need for a day care center, amount of frontage on FM 3009 and the buffer zone. Merwin Willman told Mr. Benedict and Mr. Park they were more apt to get a variance on parking rather than on all those entrances. Vice-Chairman Andrews pointed out to them that we are a seven member panel and only four are here. Mr. Andrews said we cannot think for the other three. Ty Brisgill reminded Mr. Benedict and Mr. Park that, although we have been giving them some direction, there are a lot of things involved. Mr. Brisgill said this is not a formal procedure and should not supercede the order of bringing in plats, etc. Mr. Brisgill also said he did not want them to get the impression that things sug- gested tonight, if done, are automatically locked in as approved. (3) Vice-Chairman Andrews thanked the gentlemen for coming. Now to general discussion. Donald Wilson asked Ken Greenwald if there had been a vote on the animal license fees. Ken Greenwald said the fees will come down: Mr. Greenwald also said there are several problems with our ordinance not meeting the state laws and a lady veteri- narian took our ordinance to make comparisons and will return it with her recom- mendations. Mr. Greenwald also said the suggestion .had been made to have the fees on a graduated scale with the fees higher for animals that are not neutered, thereby promoting neutering. Donald Wilson asked if Dr. Harborth would be allowed to sell the licenses again and if so, had he been informed of that .information. Ken Greenwald remarked the Council never intended for Dr. Harborth not to sell them.and that he thought .the problem came in when the City was trying to have them all renewed at the same time every year. Ty Brisgill commented all.his remarks were about things on FM 3009: a. Vaughan Homes had bandit signs everywhere on the weekend - not observing the 500 foot distance between signs. b. Same observation on the Gemcraft bandit signs. c. There was even a Dobie Heights sign on the corner - someone needs to follow up on this. (Steve Simonson said he would reiterate our requirements to those responsible for the signs.) d. Was a permit given for the sign that says "Natural Bridge Caverns 8 Miles"? e. Garden Ridge has two signs - one for Forest Waters and one for Garden Ridge Estates - both advertising property not on FM 3009. (Steve Simonson said he would check into these matters.) f. Lone Star - the cut on FM 3009 - if there is ever a heavy rain there is nothing to stop the dirt and debris from washing down, the south side is darn near perpendicular. g. Is there any way to remedy it so the dumpster at Lone Star cannot be seen from Woodland Oaks- it is screened from FM 3009. h. Need to keep an eye on permits for access to FM 3009 to make sure they are not signed by New Braunfels. (Steve Simonson said it is 'Seguin territory on FM 3009 from IH 35 to FM 78.) i. Is all the gravel on FM 3009 significant of the widening of the road? (Steve Simonson replied he did not know.) Merwin Willman reported he would not be able to attend the April 22, 1986 meeting but would like to have a package held for him. Ken Greenwald commented, regarding the problem with the curb cut at Lone Star, he will suggest Council recommend a letter be sent to Mr. Ehlers asking the State Highway Department to immediately cut down the speed limit on FM 3009 since our safety requirements had been circumvented. Ken Greenwald asked Vice-Chairman Andrews why the special session on April 1, 1986 was opened back up to public input after-the public hearing had been closed. Vice- Chairman Andrews replied it was a gross error. Vice-Chairman Andrews also remarked it was a highly controversial subject. Coy Simmons had come before the Commission on a previous occasion to as k. what zoning would be favorably looked upon and the .Commission informed him that Office and.Professional would probably get the most favorable response. Ken Greenwald stressed that the tapes should definitely be-kept - that probably a pandora's box had been opened up and we will end up in litigation. Ken Greenwald also stressed that the Planning and Zoning Commission should never have opened up to public input - Mr. Simmons was not present, he had gone after the -close of the public hearing. Ken Greenwald informed the Commission the FM 1518 tour is tentatively scheduled for April 12, 1986. Steve Simonson said he would let everyone know for sure. Ken Greenwald also said April I9th is the opening of the baseball/softball season and within the next couple of weeks BVYA should be signing contracts for four tournaments to be held here. Merwin Willman commented we still have no motel. Donald Wilson asked if there was any word on the motel we were supposed to be~ getting and Ken Greenwald replied it .was dead. Steve Simonson said he had researched the parks for Donald Wilson and Schertz has three: (1) The City of Schertz Park, (2) the one in Lone-Oak, and (3) One acre in Oak Forest. Steve Simonson informed the Commission that some of the Staff will be meeting this week with the engineers for Savannah Square and Gemcraft Second Units. Mr. Simonson said Gemcraft has a drainage problem and will have to come in with some definite ideas for solving it. Mr. Simonson also said the Staff is discussing heavily with the City Engineer, why the drainage was accepted in the first place. Vice-Chairman Andrews commented that with FM 1518 being worked on and our drainage problem, is there any-plan on the part of the City to correct the park drainage so it can flow properly over -into the creek. Ken Greenwald said the only way would be an underground culvert. Vice-Chairman Andrews said there is a culvert through tc Cut-Off Park but the City -needs to get out and backhoe because the drainage gets blocked and cannot flow on through to the creek. Ken Greenwald said it would have to be discussed with ferry Graham. (5) There was a brief discussion about the various drainage problems in Schertz. Vice-Chairman Andrews asked if the Council has had it's readings on the proposed restaurant on Elbel Road,.: Mr. Greenwald replied they had the first reading. The next regularly scheduled meeting is April 22,.1986 #7 ADJOURNMENT ~Jice-Chairman Andrews adjourned the meeting at 8:40 P.M. (6)