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05-11-1999 n/s . . . tit e PLANNING & ZONING MINUTES The Schertz Planning and Zoning Commission convened in Regular Session on Tuesday May 11, 1999, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF Ernie Evans, Chairman David Richmond, Vice-Chairman Keith Van Dine, Secretary Tony Moreno Gary Wallace Joyce Briscoe George Maxfield Ken Greenwald, ex-officio Steve Simonson, Asst. City Manager / Planning Coordinator Mary Ybarra, Planning & Recording Secretary Commissioners Absent Others Present Michael Turner, Fairway Golf Carts Gail Brown, Enterprise Rent-A-Car John Moy, The Schultz Group #1 Call to Order: Chairman Ernie Evans called the meeting to order at 7:00 p.m. #2 Approval of Minutes: Regular session of April 27, 1999. Ernie Evans asked for corrections or additions to the minutes of April 27, 1999. 1 e e . A motion was made by Gary Wallace and seconded by Keith Van Dine to approve the minutes of April 27, 1999 as written. Upon a vote being called, the motion was approved. #3 Status of Final Plats: There were none since last report. #4 BOA Actions: Joyce Briscoe reported that she did not attend the BOA meeting and asked that Steve Simonson report on the meeting. Steve Simonson reported that the BOA approved the requests from James Yarbrough, Scott & Michelle Hammon and Jose-Lus Cantu for their Special Exception to the Zoning . Ordinance. The Special Exception request from Mr. Creasy was postponed due to their absences from the City. It will be scheduled at a later date. #5 Citizen's Input Other Than Agenda Items: There were none. #6 Consider and Take Appropriate Action: Request from The Schultz Group for final plat approval of the Doug Campbell Subdivision. Steve Simonson stated that the main item in question has been addressed, the ingress, and egress easement. It was not part of the original plat however it has been clearly labeled as to how it works for the property. This is a legal easement. Ernie Evans asked if the City assumes responsibility for the easement and was advised, . no. 2 e e . With no further discussion, Keith Van Dine made a motion and seconded by Gary Wallace to approve the request from The Schultz Group for final plat approval of Doug Campbell Subdivision. Upon a vote being called, the motion was approved. #7 Consider and Take Appropriate Action: Site Plan Approval of Fairway Golf Carts. Request from Michael Turner for Steve Simonson stated that the site plan is missing several items, however, these items have been submitted separately, and aren't on the site plan. He was advised that it would be up to the Commission to accept these items separately or require these items to be placed on the site plan. The tree information is part of the site plan, and it is assumed the trees are of 2" diameter. The requirement is a 4" DBH every 50 feet according to the City's Tree Preservation Plan. The site plan will be short one tree if these trees are of 2" DBH. This will have to be determined. The plan shows the . GUADCO District and NorthCliff Golf Course that adjoin the proposed site. Gary Wallace stated that the proposed sign is too large, which does not comply with the City ordinance. Ernie Evans stated that the sign location is not labeled on the site plan. Mr. Turner responded that they are not quite sure as to the placement of the sign. The north corner of the property has been discussed, however no decision has been made. For this reason, the location of the sign was left off the site plan. Steve Simonson advised that the sign is 14 square feet too large for the IH 35 access. Mr. Turner responded that the sign could be reduced to 7 x 14 feet cutting it down from the 10 x 20 feet. There isn't a problem in reducing the size to comply with the City requirement. . 3 . . . e e Steve Simonson advised the Commission that City inspectors work off site plans provided whether it is a two-page site plan, etc., and follow the ruling from the Commission. Ernie Evans stated that in the past site plans have been submitted with all items placed on one document. This one document acts as an instruction document to be used by the City Inspector out in the field. With no further discussion, Gary Wallace made a motion and seconded by Keith Van Dine to disapprove the request from Michael Turner for Site Plan Approval of Fairway Golf Carts contingent upon non compliance with: tree ordinance, sign location, not having all information on the site plan document, and square footage of sign too large for the IH35 corridor. Upon a vote being called, the motion was approved. #8 Consider and Take Appropriate Action: Car for a sign variance. Request from Enterprise Rent-A- Steve Simonson stated that the request is exceeding the number of signs that are authorized by the City. One freestanding sign and one sign on the building are the City requirements. There have been instances where the Commission has given businesses with corporate logos, etc. additional signage. However, there have been instances where approval has not been given, (i.e.) McDonalds, Taco Cabana, and others. There's a signage mix in the area, which has been authorized by the Commission at one time or another. Enterprise Rent-A-Car was advised that the Planning and Zoning Commission is the authority in granting approvals to the sign ordinance. Gary Wallace indicated that in his opinion the signs enhance the look of the building. The logos are not obnoxious in anyway, and give the building a "note of class". 4 e e . Joyce Briscoe mentioned that in view of other businesses in the area having been granted signage approval, it would be difficult to deny this request. Ernie Evans commented that these approvals for additional signage have been given over a course of years, not weeks or months. The Commission was in agreement that the signage at the front and north side of the building are not a problem. There was discussion in regard to the signage to the south side of the building. The Commission is in agreement that another building would eventually cover signage to the south side of the building. For that reason, three signs are not justified. Gary Wallace asked if Enterprise were flexible? Would they go all or nothing? Gail Brown representing Enterprise stated that they could live with less signage, if the Commission did not approve the request. She did want to clarify that the proposed sign . is one continuous sign that wraps around the building and not three individual signs. Ernie Evans stated that all three signs aren't justified. The sign at the front of the building belongs, and if the Commission allows a variance it would be for "one" or the "other" to either side of the building. The south side of the building has no visibility with the level of traffic going 70 mph on IH35. The sign to would be irrelevant. Tony Moreno pointed out that the ordinance authorizing in essence the freestanding sign and the sign affixed at the front of the building are allowed, and the variance request is to allow the other two signs. With no further discussion, Ernie Evans asked for a motion on the request from Enterprise Rent-A-Car. With no motion called, Chairman Evans stated that the Commission would reopen with general discussion. . 5 . . e e Ernie Evans reiterated the authorized signage for businesses in the area. The Commission has worked with businesses in the area to assist them in attracting business and at the same time has maintained some symbolism from creating another "Pat Booker Road" or "Austin Highway". Keith Van Dine stated that in his opinion, if the sign is one continuous piece, wouldn't it be considered one sign? Steve Simonson pointed out that the sign could not be considered as one sign, when the same words are used in three different places. Joyce Briscoe asked how many locations did Enterprise Rent-A-Car have and was advised by Gail Brown that in South Texas there are 54 locations. Some of the locations are designed similarly however in some instances like in the San Antonio area, there are limits to signage requirements and the ordinance has to be followed or a variance is requested. With no further discussion, Gary Wallace made to motion and seconded by Joyce Briscoe to approve the request from Enterprise Rent-A-Car for a sign variance. Upon a vote being called, the vote was as follows: Ayes: Gary Wallace, George Maxfield and Joyce Briscoe. Opposed: David Richmond, Tony Moreno, Keith Van Dine and Ernie Evans. Motion failed_ At this point there was no further discussion however, David Richmond made a motion and seconded by Tony Moreno to deny the request from Enterprise Rent-A-Car for a sign variance. Upon a vote being called, the vote was as follows: Ayes: Ernie Evans, Tony Moreno and David Richmond. Opposed: Keith Van Dine, Joyce Briscoe, Gary Wallace and George Maxfield. Motion failed. Gary Wallace stated that the request has failed and if there was no input from . Enterprise Rent-A-Car doesn't that mean that it would be up to them to resubmit the 6 . e e request? Ernie Evans informed the Commission that if there is no further discussion on the matter, the answer to the question is yes. Gail Brown suggested that if Enterprise Rent-A-Car requested only two signs and they had the option as to which side to affix the signs would it help the Commission in making a decision? Ernie Evans advised Enterprise Rent-A-Car that probably not as an option, in terms as Enterprise picking where. The decision would have to be made by the Planning and Zoning Commission. Secondly, with the Commission not wishing to re- raise the discussion, the request as submitted has been disapproved. As a result, this gives Enterprise Rent-A-Car the opportunity to resubmit their request. #9 General Discussion: Tony Moreno: . Tony had no comments. . Keith Van Dine: Keith had no comments. Gary Wallace: Gary had no comments. GeorQe Maxfield: George commented that sometimes it seems that the work done by the Commission is not appreciated in terms of sign and tree ordinances etc. I drove a friend visiting from the Dallas area through the Schertz area and he had only positive comments. They 7 . . . e e loved the treed areas of the City, businesses did not stick out like sore thumbs and that real estate signage (bandit signs) were not along our roadways. Joyce Briscoe: Joyce had no comments. Ken Greenwald: Ken passed out the first cut to the "No Smoking Ordinance". Council approved a contract with the Guadalupe County Appraisal District, all the tax collecting, data processing will be handled by that office. Citizens will not have to go to Seguin, an Annex facility will be opened 4-days a week to start here in the City of Schertz on Elbel Road. Eventually it will go to a full time person 5-days a week. Coma I County Ken mentioned that this past week the New Braunfels area and Comal County changed the septic requirements. The minimum square footage for any home is 1 acre. A septic and a well the requirements is 5 acres. David Richmond: David mentioned that he had a visitor from a small village in North Carolina that read the City's tree ordinance and was impressed. It was commented that it was "light years ahead of the Council" for their City. She requested a copy. David reported that the Val's sign is still at the corner of FM78 and FM3009, and would like to know what is the status. Steve Simonson stated that a citation has been issued and will probably go to court on this matter. 8 e e . Steve Simonson: Steve suggested a change to the Unified Development Code (UDC) regarding manufactured homes. No where in the City's ordinance does it specify, that a manufactured home can not be placed on a single-family lot, unless so designated. It is imperative that the City make the change, due to the way manufactured homes are being built today, and the Federal Law stating that a manufactured home is a "HUD" stick built home. The wording should state," Manufactured homes are only authorized in designated zoned areas, and not allowed to substitute a single family home as established in R-1, R-2, R-5 and R-6 subdivisions". The second change to the UDC would be to section 1.2, where there is two of section 1.2. Change one to 1.3, which would not interfere with what follows. Steve commented on his notes to the Commission, where he used pictures to show the Commission the different requests brought forward. The Planning and Zoning . Department in looking at purchasing this camera, the Commission agreed the pictures were helpful. The Commission was in agreement that the changes are imperative and would like it to be an agenda item at the next meeting. #10 Adjournment: David Richmond moved to adjourn the meeting. George Maxfield seconded the motion. The meeting adjourned at 7:45 p.m. Chairman, Planning & Zoning Commission ATTEST: . Planning Secretary, City of Schertz 9