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05-12-1987 - - PL-ANNING AND ZONING MINUTES - The Scher• t z P 1 arin i ng and Zoning Commission convened i n . a~ regu 1 ar session on Tuesday, May l?, 1987- at-7:a0 P.M. -in the Municipal _ Comple:~ Canfer•ence Raarn, 140© Live Oak Road. - 7hase present were as fal ] o~=as: - PLANNING~& ZCINING COMMISSION- OTHERS PRESENT THOMAS MARLING, CHAIRMAN S1"EPHEN DEES, E~EN'S B-B-Q EOE~ ANDREWS, VICE-••CHAIRMAN S SMOF~E HOUSE MERW I N W I LLMAN JEFF DEES, BEN' S B-E~-C~ u 1" Y BR I SG I LL SMOP<E HOUSE KEITH VAN DINE STEVE FINCH, LIVE OAK KEN GREENWALD, COUNCILMAN JOINT VENTURE #1 • RICHARD REISS, JR, LIVE MEMBERS ABSENT OAK JOINT VENTURE #1 DARWIN PEE}C JAMES HARDEN, SECRETARY TOM FLORES, FLORES ENG. DAVID ALLEN FILL GRIFFIN, REAVES ENG. MICHAEL MOORS, GREAT CITY STAFF WESTERN DEVELOPMENT SERAFIN MARTINEZ, K of C STEVE SIMONSON, ASST. CITY MGR. RANDY GROSSMAN NORMA ALTHOUSE, RECORDING SEG'Y. MARFC LA COMBS, TEXAS CONSTRUCTION SYSTEMS PATRICK LA COMBS, TEXAS y CONSTRUCTION SYSTEMS SHERMAN DAVIS, HONEY-DEW DAV I D DEGOLLADO, BLJ~=PALO COUNTRY LOUNGE #1 GALL TO ORDER CI-ya i r•rnan Yarling called the meeting to order at 7: Q0 P . M. #2 APPROVAL OF MINUTES: Regular Session April ?8, 1987 Bab Andr•e~•~s made a root i on to approve the rn i nu tes f or• the r•egu l ar• session April 88, 1987. Keith Van Dine seconded the oration and tt••?e vats was as fol l o~•~s: AYES: B. Andrews, M, Willman, T. E:risgill, K. Van Dine NAYS: Nane _ - - _ Al~'STENTIONS: T. Yarling - Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS - - - There was none. _ #k4 CONSIDER AND- MAF~E RECOMMENDATION: Request for a Spec i f i c- 1Jse - - Per•rnit frarn Texas Construction Systems, _ - _ -Inc. an Behalf crf the- Good Shephet~~d - Columbus Club far a Three Phase: _ _Developrnent on Live Oak. Road Chairman Yarling asked far Staff input and Steve Sirnanson replied the Staff has no comment - an this. Mr•. S i rnonsan said i t i s - strictly a Specific Use Per••mit request far the land. Ser•af i n Mart i nee, r•epr•esent i ng the F'<n i ghts of Gol urnbus, asked that this item be postponed until the people from Texas • Gcanstr•uct i on Systems, Inc, ar•r• i ve. The Camrn i ss i an saw no pr•ab 1 ern r=i i th this and postponed Item #4. CONSIDER AND TAF~E APPROPRIATE ACTION: Pr•el i rn i nary and Final Plat - Request far• a Vacate of I_.ats 11 through 22 (excluding Lot 2D? and the Southeast 34' of Lat 23, Black 3 and l..ats 2a through 40, Block 2, Scenic Hills Carnrnun i ty, Phase I Pr•el i rn i nary and F i na 1 P 1 at - Request far a Replat of Lots 30 through 38, Black 3 and Lcats 43 through 56, Block 2, Scenic Hills Garnrnun i ty. Phase I Bill Griffin of- Reaves Engineering was at the meeting to represent Scenic Hills. Gha i r•rnan Yar•1 i ng asked far• Staff input and Steve S i monsan sa i d the Gity Engineer questioned ~=shat happened to the other lb' of L..cst 23. B i 1 1 Griffin e~~~~p 1 a i ned that ti"ie 16' had been pr•ev i ou51 y sold as part of Lat 24. Mr. Griffin said the landau=~ner had sold it by metes and bounds. Steve S i rnonsan r•ernar•ked that the Staff also questioned the utility layout and wandered if there would be any change. Bill Gr• i f f i n r•ep l i ed that plans ar•e to 1 save the ones not i n use capped. Bcab _ Andr•er=~s cornrnented it also appears they ar•e requesting a variance on side yard setbacks. - - 1-y Br•i.sg i_1 1 stated he had dr• i ven up by and not iced that ~onstr•uction has already started on Lot 30. - - - Ghair•rnan Yar•ting asked if they are changing the awning and was i nfor•rned by Steve S i rnansan they .are not. - -2- - - _ - . -There -was some d i scuss i an an the setbacks i th Mer•w i n W i 1 1 marl _ _ pointing out their letter-indicates they already have S' setbacks _ thr•aughaut the rest of the subdivision« Ty Ear i sg i 1 1 commented i t bathers h i rn that canstr•uct i an has a 1 ready started befar•e appr•aval of the vacate and r•epl at. - After• "fur•ther• discuss i-an an the size of the 1 ots and the s i ~e harnes being bu i 1 t on the 1 ots i t ~=gas deterrn i ned because of the larger lots, the setback will war•k out to an average of 8' to 1©` between horses. knob Andrews rnade a mot ion to appr•ave the request for• a vacate of lots li through ?2 (e~;cluding Lot 20) and the southeast 34' of Lat 23, E~1 ock 3 and Lats 2~ thr•augl-y 40, ~:1 ock 2, Scenic H i 1 1 s Camrnunity Phase I with the pravision the metes and bounds of the additional ib` of Lot 24 are listed an the Vacate and Replat. Mer•win Willman seconded the motion ar7d the vote was unanimous in f-avor•. plat i on car•r• i ed. Bob Andr•er=is rnade a mot i an to approve the request far• a r•ep 1 a t of Lots 30 through 38, Erlock 3 and Lots 43 thr•augh gib, :lack Scenic Hills Community Phase I with the pravision the metes and bounds of the additional 16' of Lat 84 ar•e listed an the Vacate and Replat. Mer•w i n W i T l man seconded .the root i on and the vote t=ras unan i maus i n favor. Motion carried. #b GoNSIDER AND TAFCE APPROPRIATE ACTION: Pr•el i rn i nary and F i na 1 Plat - Request for a Vacate of tots ib thr•augh 29., E:1 ock 1, Scenic Hill s Camrnunity Phase I Pr•el i m i nary and Final Plat - Request far• a Replat of Lats 81 thr•augh 84, E:lack 1, Scenic Hills Carmunity Phase I Bab Andrews carnrnented that on Lots 18 and 19 which are being r•eplatted as Lats 82 and 83 the setback ~=rill be abutting Country G1 ub Dr• i ve and he r•ecarnmends 8' . Steve S i rnonson i nfor•rned Mr•. Andr•et=rs .there - i s a fence and E: i 1 1 Gr• i ff i n pointed .out there -i s a greenbelt ar•e~. _ - E:ab Andrews made a root i on to approve the request for• a vacate of _ - Lots 16 through ?1, E:1 ock 1, .Scenic Hi11s Camrnunity Phase I. Ty - E:r• isg i 1 1 seconded the motion and- the vote was unan i rnous i n .favor. - Motion carried. - i"3ab Andrews rnade a motion ta' appr•ave the request for• . a r•epl at of Lots 81 through 84, 81 ock 1, Scenic -Hitis Camrnunity Phase I. Merw i n W i 1 1 roan seconded the root i on and tl-~e vote t=gas anon i maus i n favor. Madan carried. - . - -3- - -Since Mark and Patr• i ck La Carnbe from Texas -Constr•a_ct i on Systems, - Inc. had now ar•r i ved,_ the Gornm i ss i on . cons i der•ed Item #4 on the - - agenda which had begin postponed. _ _ - #4 _CONSIDER AND MANE RECOMMENDATION: Request far• a Specific Use _ - Per•rn i t from Te:y:as Construction Systems, _ Inc. on behalf of the Gaad Shepher•d_ - - Columbus Club for a_Thr~e Phase Development on Live Oak Road Mark La Carnbe informed the Gornrn i ss i on tine i r p 1 an _ i s three phase - t 1) an assernbl y bu i .1 d i ng far• the tin i ghts of Cal urnbus, (2) a day care een ter, and (3) a Genera l Sus i Hess zoned lot on Live Oak Raad. Mr•. La Carnbe fur•ther• stated the pr•aper•ty i s appr•o:~c i rnatel y 3 acres and they are planning a 30' wide road through the level aprnent far• access. Steve S i rnonson carnrnented that i n the paper•erork submitted by Tez~sas Construction the back section ~1ias listed as R-4, but it is R-2 aryl Mr•. S i rnansan said he cou 1 d not find anything tel 1 i ng h i rn i t had been r-ezoned as R-4. E~ob Andrews indicated there may be a pr•ob 1 em to i th putting an assembly hail and a day care center in an R-2 area. Mervin Willman painted aut that the Schedule of Uses alla~•is a day care center in R-~ by appr•avai of a Specific Use Permit. Steve S i rnansan said he felt the assernb 1 y ha 1 1 r~rau 1 d fa 1 1 under- the category as an affiliate of the Church and would also be permitted i n R-~ with a Specific Use Per•rn i t. Steve S i rnonson furtl~?er stated that when this request and the p 1 ans were presented to h i rn he i nfar•rned Te;~as Canstruct i on they could either request a rezoning of the pr•aper•ty or a Specific Use Per•rn i t and Mr•. S i rnonson said he had r•ecamrnended they request the Specific Use Pern i t. Mer~j~ i n W i l l roan asked i f the road through the level aprnen t i•~au l d be private or public and Mark La Cornbe said it would be public. Mer•aa i n W i l l rnan asked a l sv i f i t ~+iou l d be dedicated to the City and Mark La Gambe said yes it iArouid. - Mer•~•~ i n W i 1 1 roan i nqu i r•eci as to il~hether'• or• riot the assernbl y hal 1 would have a bar and was infar•rned= the-plans i~?er•e for it to have. - ane. - _ - . l'her•e tj~as Borne d i scuss i an on what kind af_ perm i ss i an urou 1 d be- . - needed to serve alcohal.ie:tieverages. . Mer•w i n W i l l man str•essesi that a Specific Use Per•rn i t i s for• ane use only and he presumed the assembly hall would be the first to be built. -4- Steve S i rnonson observed he thought puss i b 1 y . - i.t _ cou_1 d be _ - cansid:ered tiff one Bevel-aprnent and-asked when they pltinned to bu i 1 d tF~e -day care center. Patr• i ck La Cornbe r•e~l i ed i f a 1 1 gae5 well they plan on building the day care center this year- they are trying to combine the financing. _ Chairman Yarling asked if some kind of caveat could be put an the _ _ r•ecarnrnendat i on. - Merw i n W i 1 1 roan r•ernar•ked they Ala i 1 1 need to ga to a publ i e hearing • anyway. Merw i n Willman made a root i on to r•ecornrner~d to City Counc i 1 that a public hearing be scheduled an the request far a Specific Use Perm i t fr•orn Te.;as Construction Systems, Inc. an behalf of the Good Shepherd Columbus Glub far a three phase develaprnent an Live Oak Road. Ty E~r• i sg i 1 1 seconded the mat i on and the vats ~=gas unan i rnous i n favor. Matian carried. #7 GOIVSID,ER AIVD TARE APPROPRIATE ACTIOiV: Request for• a Var• i tines to the Sign Ordinance: men's S-S-Q u Srnake House - 1.7967 I H :3`, Nar• th Stephen and Jeff Dees were at the meeting to represent Serf's S-E•~- L7 ~c Srnake House. Steve S i rnonson had passed aut a rnap to the rnernber•s of the Commission shatring them the lacatian of the property. Mr. St rnansan said i t i s a 40 7Q area at the southri~est corner of the Garden Ridge Pottery parking lat. Mr•. Dees made a car•r•ectian to that statement by painting out it is a 75 x 70 area. Mervin Willman asked if they ar•e leasing or• buying the land and Mr. Dees replied they are leasing it. Steve Sirnonsan said they ar•e requesting a 3~ square feat free- standing sign and a 48 square faot sign an the building. Thy Sign Or•d i Hance a 1 1 a~=~s 28 square feet i n bath- cases. Sob Andrei=~s asked hc~w the free-standing sign i•~ou 1 d b2 mounted and . ~Ir•. Dees r•epl.ied an _4 by 4•'s. " - Cha i-r•rnan- Yar• 1 i ng -asked iirher•e the .sign an the bu i 1 d i ng r~iou 1 d tie mounted and Mr•. Dees replied on-:the peek of the rciof. Scab -Andrews asked about the ~pr•aper•ty 1 i ne and i f i t i s- r• i ght on - - the access road and Mr. Dees said no there is a drainage ditch between their pr•oper•ty and the road. -5- _ Cha i r•rnan Yar• 1 i ng asked i f the bu i 1 d i ng i s up and Mr• . Dees r'ep 1 i ed . yes ~t is. - _ Cha i r•rnan Yar• 1 i ng a 1 sa asked i f the sign would b_ e 1 i ghted and Mr•. Dees r•ep l i ed no i t ~•iau l d not... E~ob Aridr•ews made a rnat i on to approve the request fr•orn E:en's E~-B-Ci - ~c Srnoke House, 17967 -IH 35 North, for a variance to: the Sign Or•d i Hance (4' var• i ance. an .the free-standing s.i gn and 20' var• i ance on the sign on the bui:ldirig). ffeith Van Dine seconded the motion and the vote t=gas unan i rnous i n favor. Mr. Dees thanked the Cornmissian and announced they will be opening Saturday. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Final Plat Appr•aval - Woodland Oaks Subdivision, Unit 4 tJob Na. 0362.04) (Nov. 6, 1986) Tarn F1 ores and Michael Maor•e were at the meeting to represent Woodland Oaks. Gha i r•rnan Yar•i i ng asked for• Staff input. Steve S i rnanson r•epl i ed that the Staff was satisfied with the e:~;ception of a few minar• cornrnents fr•orn the G i ty Engineer-. Mr•. S i rnonson asked the Gornrn i ss i on to take notice that there are note two stub-outs to the south - (1) one on Cotton King and (2) one that will satisfy the East Live Oak Road Joint Venture gr•aup. Mer•w i n Willman e:x:pr•essed his satisfaction ~a~ i th the p i a t. Steve S i rnanson i of ar•rned the Cornrn i ss i on a 1 1 the dr•a i Wage quest i oris had been answered. Bob Andrei=~s said he had noticed that all the plats for Woodland Oaks Unit 4 had the same ,job number and date even though ti-~ey may be r•ev i sed p 1 ats. Mr•. Andrews suggested the Recording Secr•etar•y far the Planning and Zoning Commission use the Julian date system and put an identifiable nurnber• on each plat. Bab Andrews made a motion to appr•ave the Final Plat for Woodland Oaks, Unit 4 t Jab No. 0362.04) (Nov. 6, 19861 tTh i s nurnber t=i i 1 1 now b2 132 - 1987. Merw.in Willman seconded tho motion and the • vote taas unari i rnous- i n favor. Motion car•r• i ed: _ - After• the. vote, Ty ~r~i sg i 1.1 br•aught up the fact that Units 2E: and 2C. i n Wood 1 and Oaks had not yet. been accepted by tl"ie. City. _ Tom -F1 ores sa i ci he teas confident they would be accepted -before - too long. - Steve S i rnonson i nforrned the Cornrn i ss i an he had spoken with Ran Jar•oszewsk i and toas told by Mr. Jar•os~ewsk i the t=~or•k should be comp 1 eted "t n appr•a:~: i rnatel.y t~=~o ~aieeks. _ -6- At this t i me there ~=gas a sFMar•t r•eces~. ~ - - #9 ~:ONSIDER AND MAME RECOFti"1ENDATIONe Sign Or•d i Hance - - Keri Gr•eer~~=gal d e::::pl a i Wed to the Carnrn i ss i an that City C:ounc i i i=loots them to take another look at the~Sign Ordinance, in particular - pcar-tab 1 e signs and f 1 ash i ng -1 i ghts and deter•rn i ne i f the and i Hance is too restrictive, if we .want tci ease up, or if there is carne happy road i urn tF•~at can be reached. • Mer•~=j i n W i 1 1 roan pointed out to the Cornrn i ss i on that they h'ad received sarnp 1 es frorn other ordinances around the coun tr•y. E~ob Andr•e~=is cornrnented he cvu 1 d find nog=~her•e i n the Sign Or•d i Hance that we say flashing lights ar•e Hat allowed if it ;is a permanent sign, • Merv i n W i l l roan r•ernar•ked that i f i t i s Hat listed, i t i s Hat author i zed. Ty E~r•isgill questioned if the SAS sign is 5Q' back and Steve Sirnanson said yes it is Pram IH 35 but not frorn the access road. E~c~b Andrei=~s stated he does not feel the Sign Or•d i Hance i s too restrictive, and if someone cannot five ~=aith it, we can always caans i der• granting a var• i once. Sherman Davis fr•arn the Honey-Deg=i at 206 FIH 78 spoke- to the Commission and said he had taken his own inventory of businesses along FM 78 and found that Wane of them meet the ar•dinace r•equ i r•ernents as far as height and spacing of signs. Mr. Dav i s went an to say tl-?e or•d i Hance pr•av i des no gr•andf ather• c 1 ause and also reiterated his opinion that the City of Scher•tz should r•ernain unregulated on portable signs until a federal court of appeals makes their decision on portable signs. Eab Andr•e~=is said i t i s impassible to cover all areas and a business can alp=gays request a variance. Sherman Davis asked if there is any time frame far the ~=~idening of Fhb '78. Men Greens=~a 1 d r-ep 1 i ed to that by tel 1 i ng Mr•. Davis i t cou 1 d be very quickly.. fir. Greenwald .said there had been a meeting here _ t=~ i th the State Hight=lay- Depar•trnent appr•o>; •t rnatel y three ~=peeks aga. _ Mr•. Gr•e.enr=told ~=lent an to say- the law had changed and wi~ere the - - pity used to have pr•avide the cast for curb and gutter, right-o~f-- way and . -dr•a i Wage, rata they have to pr•av i de on 1 y the cast far• r• i ght-of-way i=~h i ch i s a cans i der•abl y 1 ass arnoun.t of rnaney. ~I~erw i n- W i 1 1 man comrnen tad we need to ask Caune i 1 to - make a~ dec i s i an an the request far a rnor•ator• i urn of the erifar•cement of . the portable sign section of the Sign Ordinance. -7- - - - Gob -Andrei=~s made r•efer•ence to the Sign Or•d i Hance, Page 9, Sect i an - " 7 ~Uh i ch reads: "0n 1 y one (t) sign i s au ti-~ar i ed per _ _ entrance/e:~ i t". Mr•. - Andres=~s painted out -that just 1 ass week we gave. Woad 1 and Oaks- per•rn i-ss i an for t~=~o signs. - There i=gas sorne d i scuss i an an this and the Cornrn i ss i an made the i r _ recarrimendations.and_suggestions for changes-to the Sign Ordinance - an this part i cut ar• sect i an and others. Mer•i=i i n W i 1 1 man indicated he would tvar•k on sorne sped i f i c • i nstr•uct i ans an haw to request a var• i ance, Chairrnan Yarling asked Steve Simonson if the City has an inventory of those businesses contacted about their signs and Steve S i rnonson rep 1 i ed yes they da. Chairrnan Yar• 1 i ng cornrnen ted he i=could like to see the inventory. Steve Simonson asked if the others would also like to see the inventvr•y and they replied yes. 1`y Er•s i g i 1 1 i nqu i r•ed i f there ar•e any r•egu 1 at i ans on bandit signs nuts i de the over i ay district and Steve S i rnonson r•ep i i ed na there ar•e nat. Mer•i=sin Willman ance again stated that if they are not listed, they are Hat authar• i ~.ed. E,ab Andrews made a root i an to r•ecornrnend to City Caunc i 1 appr•ava 1 of the proposed changes to the Sign Ordinance. Merwin Willman seconded the root i on and the vote was unan i rnaus i n favar•. Mat i on car•r• i ed. #].0 GENERAL DISCUSSION E.ab Andrews asked ~=~h i ch Bevel aper•s had been cited far v i al at i on of the bandit sign regulations and Steve Simonson replied Pulse and Gerncr•aft. Mr•. S i rnonson said Pul to had paid the i r• fine, but he didn't knave about Gemcraft. . Steve S i rnonson i nfor•rned the Cornrn i ss i an ~=~e nog=~ have a permit far the na i se gone, ~=~h i ch had been r•ecornrnended previously, and passed around a copy of the permit far the Cornrn i ss i on to see. tfen Greenwald reported that Council had the first reading of the Or•d i Hance Cr•eat i ng the P i ann i ng and Zarr i ng Cornrn i ss i an 1 ass creek and i i 1 discuss i t tornoa^•r•ow night . Mr• . Greenwa 1 d said the Sign Ordinance 4=a i 1 1 a 1 sa be d i- scussed. - Merw i n W i 1 1 roan asked i f iihe : Greensh i r•e tr•af f i c and .street signs shout do : t be up by now. Steve S i rnonson r•ep l i ed ~ there i s no one _ living there and considering the tr•ouble_they've had in Woodland - - Oaks with the signs, he thought it .was-wise to wait. Merwin W i 1 1 roan said the Mab i 1 e Horne Or•d i Hance had passed and the Cornrnission should be getting a copy for their records. - -8- - - Mer•~•i i n W i 1-1 rnari a 1 so r•ern_i nded the Comrn i ss i can there-- - i-s a ,joint - public hearing scheduled for play 19, 1987. _ Ty E:r• i sg i.l 1 br•aught several matters to the attent-ion of -the _ Gornrn i ss i an : _ t a) ~F' i r•st E:ap t i st Church had metal bandit signs up . (b) Dr~a i Wage ditch on Ft~I 3©09 - i s i t wide _enough? F<en Greenc•~ald -said it was built according to state ~pe~: i f i cat i ons. • (c) There were four or• five p i 1 es of brush 1 of t srnoul der i ng along Sci•~er•t.~ Par•kcaiay over the weekend. Steve Simonson said, i f the F i r-e Chief i s aware of i t, he r•equ i r•es they obtain burn perm i is and he i s very str• i ct. (d) The deflectors on Live Oak Road curve are half broken and need to be r•e~5a 1 ced. tte i th Van Dine noted that an P fe i 1 Road tocliar•d Shady Acres, cjyhen it rains - it floods, and they need a drainage ditch. Steve S i mansan i nfor•rned Mr•. Van Dine that pass i b 1 y c=hen the band issue money i.s available, they can get larger• equipment which c=could help i n the cor•r•ect i an of these situations. I~r. S i rnanson said i f the money is available there are three roads that need to be cj~ar•ked on: W i eder•ste i n, Pfe i 1 and Lacjer• Seguin. Ken Greenwald r•epar•ted that the bond money has been in the bank for• about three cA~eeks and the Street Department needs to ga out for bids. Keithy Van Dine said the Stop Sign at Pfeil and Ware-Seguin is hard to see because of tree lirubs. There c•~as some discussion on the tj~ay to correct this matter. Cha i r•rnan Yar•1 i ng asked i f the Scher•tz Ecank Shaul d have a Stop Sign at the back auto E:>;change. Steve Simonson replied no - that i s part of the nor•rnal tr•aff i c Cade to stop befar•e pulling out. Chairman Yarling said St. Paul's Church in Cibolo still has the sign upon the O.L.. D i eta property and c•~anted to knac.~ i f there had been any follow-up on getting it taken doc=in. E:ob Andr•ecl~s had a quest ion r•egar•d ing the proposed al ter•nates for• the Planning and Zoning Commission as far as whether trey c~~i11 be i n on al 1 discussions even c=hen they ar•e not a vat i ng rnernber•. _ Mr: Andreas said he felt that should be the prvicer~ure and the Ccyrnrn i ss i on agr•:eed . _ - - Cha i r•rnan Yar• 1 i ng and Ty Er• i sg i 1 1 both said they c•~ i l 1 not be ab 1 e to attend the first P 1 ann i ng and Zoning rneet~i ng i n ~June_. . -9- - . #11 ADJOURNMENT - - Cha i r•man Yar• l i ng ad jaur•ned the meeting a t -9:24 P . M. - There i s a ,,joint puts t i c h"ear• i ng schedu 1 ed f or• hlay 19, 198'x. _ _ The newt -r•egu l ar•-1 y scheduled meet i-ng i s May 26, 1987. -10-