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07-24-2001Planning and Zoning Meeting Tuesday, July 24, 2001 The Schertz Planning and zoning Commission conducted a Public Hearing on Tuesday, July 24, 2001 at 7:OOp.m. In the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Planning & Zoning Commission David Richmond, Chairman Ernie Evans, Vice-Chair Tony Moreno William Sommers Ken Greenwald Joyce Briscoe Gary Wallace Keith Van Dine Commissioners Absent City StafF Ron Youngblood City Planner Mary Ybarra Recording Secretary Others Present John R. Rowand, 2708 Ashley Meadow Mike Claypool, Claypool Properties, Inc Steve Raub, Claypool Properties, Inc Larry & Karen Hunt, 2792 Valencia Jimmy Powers, RVK Engineers Bear Goolsry, RVK Engineers Greg Houston, Security Service FCU Leon Jones, 1301 Chestnut Dr. Oliver Nelson, 132 Patrick Henry Dr. i #1 Call to Order: Chairman Richmond called the meeting of July 24, 2001 to order at 7:OOpm. #2 Approval of Minutes: Chairman Richmond stated that the Minutes of the regular session of June 26, 2001 and Public Hearing of July10, 2001 were not available at this time. #3 Status of Final Plats: There were none to report #4 BOA Actions: William Sommers reported that the Board met on July 16' 2001 and took action on three requests, all three were approved. #5 Citizen's input other than Agenda Items: There were none. #6 Discussion: Briefing from Michael Spain, City Attorney on Article IX-Sign Standards of the Unified Development Code (UDC), removal of signs under a number of circumstances. Mr. Spain explained that in most cases, the legislature has rules that overrule the UDC on removal of signs. The statute is clear on the process that a city must go through in order to remove signage. The City would have to follow up on the process by which the mayor would approint a "signboard". The responsibility of the "signboard" would be to call for the removal of signs and come up with a compensation figure. Except of course if a sign were in violation at the time that it erected. 2 Mr. Spain passed out copies of the statue and noted corrections, Section 216.003 should reference also 216.0088 and section 216.04 should read 216.004. Mr. Spain explained that the "signboard" should consist of two real-estate appraisers, a person in the sign business (does not have to operate in the City of Schertz), an employee of TxDOT, and an architect or landscape architect (licensed architect). These individuals would not have to be residents and would be appointed for atwo-year term. Mr. Spain informed the Commission that the "signboard" would be responsible for the removal of existing signs only, however if the City wants to ban all signs, this most be done by amending the UDC. Chairman Richmond noted that he has contacted other Cities, and has obtained copies of sign ordinances, however there was no mention of "signboards. Mr. Spain explained that because it is general law there would be no need for a separate ordinance. In addition, Mr. Spain stated that the "signboard" would be responsible for establishing hearings and compensation amount for sign owners that the City proposed to remove. Mr. Spain explained that amendment to the UDC and establishing a "signboard" is procedural, however the Commission needs to consider several issues (site plan approval, sign complying with UDC, etc) and suggests doing so before going forward. At this time, the Commission thanked Mr. Spain for attending the meeting and providing good information that would help direct them. #7 Consider and Make Recommendation: Request from John R. Rowand, Jr., 2708 Ashley Meadow, Ashley Place, Unit 4, Block 12,1ot 65 for a special 3 exception to the zoning ordinance to encroach into the 20-foot rear building setback from 20-foot to 15-foot for construction of a deck. Mr. Youngblood explained that the house is actually 25' from the property, however the construction of the deck would only encroach into the 20' building setback 5 feet. Mr. Rowand has also received approval from his homeowners Association. In addition, there are no utilities involved and staff recommends approval Chairman David indicated that Mr. Rowand was present to answer any question and added that it was a straightforward Board of Adjustment action. Without further discussion Mr. Sommers moved to forward to the Board of Adjustment with a recommendation of approval the request from John R. Rowand for a special exception to the zoning ordinance to encroach into the 20- foot rear building setback from 20-foot to 15-foot for construction of a deck. Mr. Moreno seconded the motion. With a vote being taken, the motion was approved. David Richmond stated that tentatively August 20, 2001 could be a possible date for the Board of Adjustment meeting, however he would be notified of the date and time of the scheduled meeting. #8 Consider and Make Recommendation: Request from Larry W. Hunt for Site Plan approval of an office/warehouse building at 1400 FM 1518. Mr. Youngblood stated that Mr. Hunt has a similar existing building adjacent this proposed facility (approved by P&Z previously) and has indicated that the building is going to be identical. No signage on the building and it would house a Shutter business. 4 Gary Wallace questioned the tree ordinance requirement. It was his understanding that the required DBH is 4' every 50'. Ron Youngblood advised Gary that was correct. Taking a look at the frontage distance, Gary believes there is not enough DBH to comply with the tree ordinance. Mr. Hunt explained that there are existing Persimmon trees (approximately 10-12) that would not be removed. Ernie Evans questioned lighting and was advised by Mr. Hunt that vapor lights, 75 watt is to be used. There was mention that no sign is indicated and Ernie would like for Mr. Hunt to sign off on the issue, so not to have any problems creep up. Ernie Evans asked how many trees are to be planted and was advised by Mr. Hunt that none. The frontage is being left natural there are 10-12 existing Persimmons. Gary Wallace stated that he believes if this is satisfactory to help the Inspection Department to make a termination in regard to complaince. If this is enough to accomplish a determination, he has no issue, however it if far from what he believes it should be. Tony Moreno stated that he believes hand written notes are not the same as if it were printed on the site plan. These notes have a tendency of falling through the cracks. William Sommers suggested that these items (wattage, signage) could be added (hand written) as part of the notes and signed off by Mr. Hunt. He has no problem with this. s Ron Youngblood informed the Commission that Mr. Hunt has developed several other facilities and has a good track record with the city in regard to complying with all requirements and doing a fine job that the city can be proud of. Mr. Hunt mentioned all the other facilities and stated that all of the buildings have been landscaped nicely and that the Inspection Department has inspected each and everyone. Building Official Leonard Truitt stated that the inspection department has had no problem with any of the facilities. After brief discussion concerning the wattage of the lights, the sign, and the tree ordinance Mr. Youngblood stated that staff has no concerns on this item. Concerns among the Commission were still the tree ordinance and lighting. The Commission noted that if this plan were to be approved, the owner would have to add hand written notes of the items discussed and sign off on the site plan making it a legal document, the Commission was in agreement. David Richmond stated that he agrees with Gary Wallace and his comment that the site plan does not meet the UDC requirement on the tree ordinance. The Commission has worked very hard to insure that the UDC is enforced when it comes with complying with the tree ordinance and believes city staff should be mindful of it. Mr. Hunt commented that when the first building was constructed, was when the landscaping was done. The proposed structure before the Commission is an addition to the property on the same lot. The landscape and trees were done at that time. Mr. Hunt stated that the entire frontage was left natural. Ernie Evans stated that consideration should be taken by staff on these issues. Staff should have come to the table and advised the Commission where the site 6 plan meet the requirements and where it did not. The site plan does not meet these two criteria; landscape and tree ordinance. Tony Moreno stated that the UDC has certain requirement that must be followed and in order for the UDC to have substance, he bleives the Commission needs to be constant in the approval process. In a brief discussion the Commission agreed to allow Mr. Hunt to hand write on the site plan the issues discussed and sign off on them. This would become the legal document that would be held by city staff. Without further discussion Mr. Wallace moved to approve the request from Larry W. Hunt for site plan of an office/warehouse building at 1400 FM 1518, William Sommers offered certain conditions: contingent upon the insertion of the lighting wattage of the three security lights, comply with the tree ordinance as written and bring the property in compliance in regard to the tree ordinance, no sign on the property and that these amendments be signed by Mr. Hunt. Gary Wallace excepted the inclusion of these items. Tony Moreno seconded the motion. With a vote being taken, the motion was approved with the following votes: AYES: Commissioners Richmond, Van Dine, Moreno, Wallace, and Sommers. NAYS: Commissioners Briscoe and Evans. Motion approved. #9 Consider and Take Appropriate action: Request from Resurrection Baptist Church; A.) For site plan approval of Resurrection Baptist Church, Live Oak Road and, B.) Request for variance to Article 10 Parking and Loading Standards. Mr. Youngblood informed the Commission that staff is looking into a workable solution for the parking issue. We are looking at congregation numbers and parking required for these numbers. Mr. Youngblood stated that the Commission might choose to approve the request contingent upon the church coming back within one year from now to validate whether additional parking would be needed. However, this is up to the Commission. At this time, David informed the Commission that item "A" would be considered first. A.) For site plan approval of Resurrection Baptist Church, Live Oak Road The Commission questioned if the parking would be done in phases. Mr. Nelson representative for the church advised the Commission that the parking will done in three phases as parking is warranted. Mr. Youngblood stated there would be certain times of the year where they would need more parking (Christmas and Easter), but under normal circumstances the established parking would be adequate for the congregation. Chairman Richmond asked if the Commission had any additional questions or concerns. Having had a long discussion on this issue at a previous meeting, he believes the development has gotten together with city and has solved the parking issue. David stated that he would like to suggest that they place "No Trespassing" sign on the undeveloped vacant area (area used for overflow during holidays and other peak times). Representatives for the church were in agreement with the Commissions suggestion. Without further discussion, Mr. Moreno moved to approve the site plan of Resurrection Baptist Church, Live Oak Road. Mrs. Briscoe seconded the motion. With a vote being taken, the motion was approved. B.) Request for variance to Article X Parking and Loading Standards. s Without further discussion Mr. Sommers moved to approve the request for a variance to Article X Parking and Loading Standards for the Resurrection Baptist Church, contingent upon compliance with the requirements of Article X, within one year of the date of the issuance of the certificate of occupancy. Mr. Moreno seconded the motion. With a vote being taken, the motion was approved. #10 Consider and Take Appropriate Action: Request from Security Services Federal Credit Union for preliminary plat approval of Security Service Federal Credit Union, IH-35/FM 3009. Ron Youngblood explained that the request is a pretty straightforward and added that the facility it is approximately 1, 184 feet to the western right of way of FM3009. Ron stated that he believes the facility is adjacent to the Blockbuster John Krauss with Pape Dawson Engineers explained that the facility is not adjacent to Blockbuster. There is a parcel between the facility and Blockbuster. Greg Houston explained that there is a private driveway adjacent the property and that the development is going to build a rear cross access between other business at time and for this reason would not need a curb cut immediately in front of the property. The facility will only need one additional curb cut only. There are cross access agreement with property owners at this time. David Richmond voiced concern with the curb cut along the egress from IH35 to the access road. One no one stops to yield. Mr. Houston explained that he hopes the speed limit would do what it is suppose to accomplish. Ernie Evans asked if there were anyway that the development could an influence a turning lane, a deceleration lane approaching the turn in would help traffic 9 entering your facility. Mr. Houston stated that the development would consider the suggestion. David Richmond stated that he would like to keep as much traffic away from the access road if possible. He would like to see a series of slow moving arterioles through the parking lot, which would help traffic moving toward existing accesses on FM3009. Without further discussion Mr. Wallace moved to approve the preliminary plat of Security Service Federal Credit Union on IH-35/FM 3009. Mrs. Briscoe seconded the motion. With a vote being taken, the motion was approved. #11 Discussion: Discuss and review 76-acre tract located at the rear of Northcliff Subdivision for development consideration from Claypool Properties, Inc. Mr. Claypool representing Claypool properties stated that there is already between 180-280 home-sites that have been committed to a major national homebuilder. Mr. Claypool's company is contracted to buy the 76-acres and to buy a 100-foot by 1,100-foot strip, which will be a boulevard entrance to the subdivision. This would be the only way to access the property and it would actually be a separate development from the Northcliff Development. The property is in the City of Schertz ETJ and the other two acres are in the City of Cibolo. He stated that the current lot standard is 65 feet and he would like to see 45-foot lots. This would be an entry-level property and explained the need for a high percentage of 45-50 foot lots to make the economics work. Mr. Claypool feels that an entry-level housing in the 65-90 thousand-dollar range would be a very successful development and added that it would take approximately 130 io thousand dollars for a lift station in the area. Eight to ten percent of the property may not even be usable due to transmission lines stated Mr. Claypool. Mr. Claypool explained that if he could acquire 60-65% of 45-foot lots, and acquire some 50-55 foot lots and possibly some 60-foot lots then he believes it would work economically. In brief discussion the Commission relayed to Mr. Claypool that the Commission would like to see all 50-foot lots instead of 45-foot lots and suggested that Claypool properties consider it. At this time Mr. Claypool thanked the Commission for their time and for giving him the opportunity to present his proposal. #12 Requests for Agenda Items for future scheduled meetings: In brief discussion it was agreed that the following be placed as agenda items for consideration. • Getting rid of Walgreen's and H2o signs. • -Site plan requirements. • Decide on restriction of off premise signs in the future and how to get rid of the existing signage. #13 Items by Commissioners and City Planner: Ron Youngblood: A.) Gave a briefing on the Library Village & Playscape proposal: This is another grant. The concept is to remove the old fire department, and to construct a Library Village with a business center and bookstore. Ron explained that they are trying to find a historic building to place in the facility. it B.) Update on the Community Urban Design Team: Some of the issues are: the main street program, visitor center, performing arts, new indoor swimming pool, community center, town center, a plan for FM 78, and a recreation center. #14 ADJOURNMENT: Without further discussion Mr. Wallace moved to adjourn the meeting. Mr. Moreno seconded the motion. The meeting was adjourned at 9:15p.m. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City of Schertz 12