Loading...
02-25-1986 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, February 25, 1986 at 7:00 P.M, in the Municipal Complex Conference Room. Members present were as follows: PLANNING AND ZONING COMMISSION CITY STAFF BOB ANDREWS, VICE-CHAIRMAN STEVE SIMONSON., PLANNING COORDINATOR MERWIN WILLMAN NORMA ALTHOUSE, RECORDING SECRETARY TY BRISGILL DAVID ALLEN OTHERS PRESENT DONALD WILSON KEN GREENWALD, COUNCILMAN TONY SIMMONS COY SIMMONS MEMBERS ABSENT CHARLIE KUCHERKA DENNIS KUCHERKA THOMAS YARLING, CHAIRMAN ROB SULT JAMES HARDEN, SECRETARY #1 CALL TO ORDER Vice-Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES:. A. Regular Session February 11, 1986 Merwin Willman pointed out that under #5, Paragraph 7, "Merwin Willman brought up" ° should be changed to read "David Allen brought up". Merwin Willman also pointed out that under #6 it should be noted that by concensus the Commission requested a letter be sent to City Council with the Commission's recommendations for additions to the Zoning Ordinance. These additions pertained to the Air Installation Compatible Use Zone and were recommended by the 'Commission to be adopted.. as soon as possible. Merwin Willman made a motion to approve the minutes, as amended, for the regular session February 11, 1986. Ty Brisgill seconded the motion and the vote was unanimous in favor. B. Special Session February 18, 1986 Merwin Willman made a motion to approve the minutes for the Special Session, February 18, 1986. Ty Brisgill seconded the motion and the vote was unanimous in favor. ' #3 CITIZENS' INPUT There was none. #4 CONSIDER AND MAKE RECOMMENDATION: Zoning Change #77 Vice-Chairman Andrews informed the Commission this was the request by Charlie Kucherka to rezone approximately 2.7 acres from Office and Professional to Neighborhood Services which had been tabled at the February 18, 1986 Special Session. Uice-Chairman Andrews reminded the Commission that we need to act on this in order to be within the ten day time limit as outlined in the ordinance. Steve Simonson told the Commission that everyone had a copy in their package of the "Agreement for Use of Driveway" which Mr. Kucherka had from Rubin and Sylvia Beck. Vice-Chairman Andrews reminded the Commission that their primary function is to see if the request put before them is in the best interest of the City and that the Council will act as they see fit. Steve Simonson commented the request is for rezoning from Office and Professional to Neighborhood Services. Mr. Simonson also said there would be a driveway to each parcel as there is no entrance at this time David Allen asked how much frontage Mr. Kucherka~,has on FM 3009. Steve Simonson replied approximately 250' each property.. ~ Vice-Chairman Andrews commented on the fact that there will be three driveways within a 500' span and asked if there is more than one driveway within a 500' span, is an acceleration/deceleration lane required. There was a brief discussion on the acceleration/deceleration lane and tapered. approach requirements. David Allen remarked he hated to see it open onto FM 3009. Vice-Chairman Andrews commented there are several points the Commission needs to consider: a. should we limit access on FM 3009 b. should we say somebody can't do something if they become landlocked c. is Office and Professional or Neighborhood Services zoning best for that piece of property Ty Brisgill read from the Zoning Ordinance (Article XIX, Section 2.2.2) the con- ditions that must be met for a public hearing to be recommended by the majority of the Planning and Zoning Commission. Their are as follows: ~~1. The requested change is in keeping with the comprehensive plan adopted by the City Council. 2. There has been environmental and/or economical changes which warrants a change since it's original zoning. 3. Granting of the request would not create an incompatible use different from the surrounding property, or show favor to the property under consideration for rezoning. (Spot Zoning) 4. There is an error in the original zoning of the property for which a change is requested." Merwin Willman commented all four conditions should be met. After some discussion on whether or not this request met all the conditions, David Allen made a motion to recommend-to City Council that Zoning Change #77, - Charlie Kucherka's request to rezone 2.7 acres from Office and Professional to • Neighborhood Services, be scheduled fora public hearing. Ty Brisgill seconded the motion. The vote was as follows: Ayes: Ty Brisgill, David Allen, Ken Greenwald _ Nays: Merwin Willman, Donald Wilson Vice-Chairman Andrews recommended we approve the request to recommend City Council schedule a public hearing for Zoning Change #77. #5 CONSIDER AND MAKE RECOMMENDATION: Coy J. Simmons, Request for Rezoning Parcel of Property Located Along FM 3009 (Jack Hays Blvd.) Known as Oak Forest, Unit 4 from Residential to - Office and Professional Coy Simmons and Tony Simmons were present to represent this request. Vice-Chairman Andrews asked the Commission if they were familiar with the location of the property-and they replied yes they were. . David Allen commented 'his concern was how Mr. Simmons was going to keep his feet dry. Vice-Chairman Andrews remarked that has nothing to do with zoning. What Mr. Simmons does with the floodplain is up to .him. Merwin Willman commented that. it is in the floodplain at the present time, however, it may be brought out with. improvements to FM 3009. Merwin Willman also commented that something that disturbs him is the fact that Lazy Oak is only a 15' paved street, but there is a minimum 50' right-of-way. Tony Simmons said he would like to make some comments, Mr. Simmons said he felt - this particular property was not proper for residential zoning. Mr. Simmons said what they have in mind is a low profile office building, trying to keep as many existing trees as possible, with perhaps some underground parking. Coy Simmons added to these comments by saying that, according to their engineer, only 40q of the two acres is in the floodplain. and this would be conducive to underground parking. Merwin Willman asked Coy Simmons if he had checked with the state on their plans for widening FM 3009. Mr. Simmons replied they told him they had no finalized plan. There was some .discussion on the 50' right-of-way and it was suggested the Staff check into it. Donald Wilson made a motion to recommend to City Council that the request by Coy J. Simmons for rezoning a parcel of property along FM 3009 known as Oak Forest Unit 4 from Residential to Office and Professional be scheduled for a public hearing. David Allen seconded the motion and the vote was unanimous in favor. Steve Simonson told Mr. Simmons he would advise him of the date of the public hearing. Vice-Chairman Andrews informed Mr. Simmons it would be best if he planned to attend the public hearing, brought his plans and came prepared to answer questions.. #6 CONSIDER AND MAKE RECOMMENDATION: InterSign - Request for Development Sign on Southeast Corner of FM 3009 and Savannah Drive Steve Simonson informed the Commission this is an after-the-fact type of request. There was no one present to represent InterSign. David Allen asked if they are in compliance with the Overlay Ordinance and Steve ' Simonson replied yes they are. Mr. Simonson said he had finally .gotten through to talk with someone and had asked them to come in with a request. Donald Wilson commented that if they knew the specifications, they would have known they needed to make a request and that he considers this a blatant disregard of the ordinance. Merwin Willman said we would need to establish a time period for~the sign. David Allen asked if this development. is under construction now or will be in the near future. Steve Simonson said he had talked to Mr. Rauch and was informed they were confi- dent they would break ground this spring on either this or one other piece. of property along FM 3009. David Allen commented he doesn't 'like advertising what isn't there. Vice-Chairman Andrews remarked it is a matter of economics. They have to prelease in order to get the money to build and that is where our time factor comes in. Donald Wilson reitereated his point that if they knew the specifications, then they knew they needed to make a request and they purposely disregarded the ordinance. Ken Greenwald commented he thought the fact that the size of the sign conformed to our ordinance specifications was probably by accident. Donald Wilson remarked that if we have an ordinance without any teeth, then why have an ordinance at all. Merwin Willman said he thought a twelve month period should be sufficient for the sign. There was more discussion on the preleasing with Merwin Willman asking if the pre= lease is contingent on the developer building. Vice-Chairman Andrews replied yes it is. David Allen asked how long the sign has already been up and Steve Simonson replied approximately three weeks. Ty Brisgill asked what we could do now to enforce the ordinance and still look professional. Donald Wilson commented that InterSign is no fly-by-night company, they knew . our requirements and knew they had to have permission. Mr. Wilson further commented they are treating us like hicks, they think we are getting greedy. Mr. Wilson stated if we are going to look professional, we have to enforce the ordinance. Wis suggestion was they take down the sign until such time as they obtain permission to put it up. _ Ty Brisgill asked if the property is owned by Rauch Investments and Steve Simonson replied yes, but the area is governed by the Overlay Ordinance..:. David Allen made a motion to recommend approval of the request by InterSign for a development sign on the Southeast corner of FM 3009 and Savannah Drive-for a period not ;to exceed eleven months. Merwin Willman asked Mr. Allen on what the eleven months was based. Mr. Allen explained he would have said a year, but since the sign has already been up for about a month, he was including that in the period of time. After that expla- nation, Merwin Willman seconded the motion and the vote was as follows: Ayes: Merwin Willman, David Allen, Ken Greenwald Nays: Ty Brisgill, Donald Wilson Vice-Chairman Andrews recommended we approve the request by InterSign for a development sign on the Southeast corner of FM 3009 and Savannah Drive for a period not to exceed eleven months. Following this there was still some discussion with the conclusion being that InterSign should have received a citation for violation of the ordinance. #7 CONSIDER AND MAKE RECOMMENDATION: Crow Development Co. - Request for Temporary Off-Site Directional Development Sign at Southwest Corner of FM 3009 and Live Oak Road Rob Sult was present to represent Crow Development Company. Mr. Sult said he fe1 slighted because InterSign did not get a fine and he was here for Crow Development meeting the letter of the law. Vice-Chairman Andrews explained to Mr. Sult that there is a difference - InterSign is planning to develop on the property where the sign is located and Crow Develop- ment is advertising off-site development. Vice-Chairman Andrews commented he thought Crow Development had made the same _ request some time ago. Merwin Willman said he thought the same but could not find anything in the minutes. Rob Sult said he had been in with a request for bandit signs. After some discussion, it was agreed that the previous request had been. made by Cibolo Valley and not Crow Development. Vice-Chairman Andrews stated that the Overlay Ordinance permitted signs for development along FM 3009, but not for off-site development. Vice-Chairman Andrews also stated that commercial developers look for rooftops within a given radius and maybe if we assist other areas we will get some assistance in return. Merwin Willman commented he tended to disagree with that - it was not necessarily true. _ Reference was made to Thistle .Creek where one of the roads has curbs and gutters on one side (Schertz's jurisdiction) and no curbs or gutters on the other side (Cibolo's jurisdiction). Rob Sult emphasized that rooftops in a geographical area do count pointing out that the new homes in Cibolo will benefit the Schertz-Cibolo-Universal City Independent School District. Mr. Sult said Crow Development is trying to help the. area and has donated money-for landscaping at Dobie Middle School. Vice-Chairman Andrews commented we would have to grant a variance. David Allen asked Mr. Sult if they didn't already have a sign and Mr. Sult replied this is the same sign and they want to move it's location. Don ld Wilson asked if there was any feedback from the Staff on this and Steve Sim~nson replied no. Merwin Willman commented that if we recommend a variance it will have to go to City Council. Donald Wilson indicated .he thought Crow Development was an asset to our area. Vice-Chairman Andrews questioned, although Crow Development is helping Schertz, are we opening a Pandora's box because of the restrictions of the ordinance. Donald Wilson commented he thought we should be flexible. David Allen questioned whether or not the Planning and Zoning Commission could approve this regardless. .Donald Wilson made a motion that .we favorably recommend to City Council, for their approval, this request from Crow Development Company for a temporary off-site directional development sign at the Southwest corner of FM 3009 and Live Oak Road, reasons being that even though it is not in our quote "entity", it is a contributor to our community and our school system and other aspects that adds enrichment and potential population growth and all the rest of the proper kinds of things that we're talking about that is of benefit in total in our community and our demogra- phic growth potential. Merwin Willman asked t~1r. Wilson if he had a time frame for the sign. ' Donald Wilson then said he would like to add to the motion that the approval, if • agreed upon by Council, would be for one year increments at which time reestablish- ment for approval to maintain would be brought to Planning and Zoning or City Council, whichever is appropriate. David Allen seconded the motion and the vote was unanimous in favor. At this time Vice-Chairman Andrews called for a short break. #8 CONSIDER AND MAKE RECOMMENDATION:. Zoning Ordinance - Appendix B - Definitions The Commission reviewed the definitions and made their suggestions and recommended changes. Vice-Chairman Andrews asked what was to be covered the next time. Merwin Willman suggested the Schedule of Uses. Mr. Willman said he had compiled a list of new ones he felt should be added and ones he felt should be deleted. Mr. Willman also said there may be several other items the Commission may want to review. Vice-Chairman Andrews asked for the Schedule of Uses to be put on the next agenda. #9 GENERAL DISCUSSION Steve Simonson informed the Commission he had received a lot of calls from people _ wanting to develop along FM 3009. Mr. Simonson also said we will probably have a new plat at the next meeting for Devonshire (old-Oak Run). r Vice-Chairman Andrews remarked he. had heard a rumor that FM 3009 was on dead end hold. Steve Simonson said Barshop is on hold. Ken Greenwald said there is a problem with a specific portion of drainage but he would rather not comment. In regard to the parking at Bussey's, Ken Greenwald said the officers writing the tickets for parking in the No Parking Zone did take a lot of harassment. Mr. Greenwald said the City Council has given authority to the City Manager to post a Tow Away notice below the No Parking signs. David Allen commented that during the busy season, people shopping at Garden Ridge Pottery-are parked all the way to Country Corner and we should be fair on both sides of IH 35. Ken Greenwald said Garden Ridge has a new parking lot under construction. Merwin-Willman said he thought-there had been an addition to the Traffic Ordinance prohibiting parking on access roads. Ken Greenwald reported that both the SAFES Jamboree and the Library and Humane Society Dance and Auction had been good parties. Mr. Greenwald also said State Representative Kuemple had auctioned off a Texas flag. Merwin Willman asked if a public hearing had been set for the acreage on Elbel Road. Steve Simonson said he believed it had been scheduled for March 18, 1986, but would check on it. David Allen asked Steve Simonson if he had checked on the distance a property needed to be from a school fora business to obtain a liquor license. Mr. Simonson replied he had not, but was sure the Saundersons had obtained that information by now. Ty Brisgill asked if there is any chance of getting traffic control signs in Wood- - land Oaks. Steve Simonson asked if there are none and Merwin Willman said they should have had them by now. There was a brief discussion on this.' Ty Brisgill asked if the excrow account for developers along FM 3009 (as far as for sidewalks, etc.) had been established. Ken Greenwald said yes they are asking for 100% at today's prices which will be put in CD's so that some interest can be earned. Ty Brisgill reported that he had ridden with one of the policemen and was very impressed. The policeman had pulled down an unregistered Yard Sale Sign and had taken it to the owner to whom he explained the regulations about Yard Sale Signs. Donald Wilson said he wanted to express his appreciation to Mr. Gilmore. With the cooperation of the City, Mr. Wilson was successful in getting his neighborhood _ cleared of a "junkpile". However, apparently some disgruntled individual kicked Mr. Wilson's gate open and let his animals loose. Mr. Wilson said with the help and cooperation of Mr. Gilmore and Mayor Sawyer he was able to retrieve his animals and he wanted to thank everyone involved. Donald Wilson asked Steve Simonson how to get new street signs to replace those that are unreadable. Mr. Simonson said he would check into. it. Vice-Chairman Andrews stated he would like to have an updated list of the Planning and Zoning Commission members, their addresses and phone numbers. Vice-Chairman Andrews also stated to Steve Simonson that at the new stop light at the intersection of Elbel Road and FM 3009, if you run across the bumps as the light is changing from green to red,-you will not get a left arrow signal. Ken Greenwald commented that as long as Mr. Simonson was calling New Braunfels, ~t'hat westbound on FM 78 at the intersection of FM 78 and FM 1518 the red light is out. David Allen asked if there had been any more discussion about improvements .to the bridge on FM 78. Ken Greenwald replied that Mr. Ehlers will be in to discuss it when he gets a chance. Merwin Willman remarked that it would be nice if all the businesses along FM 78 were notified when Mr. Ehlers was going to be here. - ~ ~ ~ ~ ~ ~ Donald Wilson nformed••the Commission• he~ had checked° on'the~•rumor•-that the Office of Non-Appropriated Funds is thinking of moving off Randolph Air Force Base and found the rumor to be true. Mr. Wilson also said-they would be interested in a facility closer than their office in San Antonio. Vice-Chairman Andrews said he needed the name of someone to contact and Merwin Willman suggested he check with John~Linebarger for a name. #10 ADJOURNMENT Vice-Chairman Andrews adjourned the meeting at 9:31 P.M.