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01-08-2002 ~ Planning and Zoning Minutes January 8, 2002 The Schertz Planning and Zoning Commission convened in Regular session on Tuesday, January 8, 2002 at 7:00pm in the Municipal Complex at Council Chambers, 1400 Schertz Parkway, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ernie Evans, Vice-Chair Ken Greenwald, ex-officio Tony Moreno William Sommers Gary Wallace COMMISSIONERS ABSENT Joyce Briscoe (surgery related) Keith Van Dine (personal reason) CITY STAFF Ron Youngblood, City Planner Misty Nichols, Recording Secretary Leonard Truitt, Building Official Becki Sewicki, Code Enforcement Officer OTHERS PRESENT Jonathan Kula, 1009 Linden Grove Robert Brockman, 4505 Grand Forest Lawrence Doyle, 4512 Cascade Dr #1 Call to Order: to order at 7:00pm. Chairman David Richmond called the meeting of January 8, 2002 #2 Approval of Minutes: There were none. #3 Status of Final Plats: There were none. #4 BOA Action: The meeting for January 14, 2002 has been rescheduled for January 28, 2002 at 7:00pm. #5 Citizens' Input Other than Agenda Items: Leonard Truitt, Building Official, introduced Becki Sewicki to his Department as the new Code Enforcement Officer. #6 Discussion: Mr. Kula and son to discuss a variance to the sign ordinance for a hill-side sign, FM 3009 in front of the Schertz United Methodist Church. 1 Jonathan Kula introduced himself then explained he is an Eagle Scout with troop #251 which recently celebrated its 50th anniversary. He proposed to the commission he would like to make a sign saying "JESUS LOVES YOU" on the side of the hill in front of the United Methodist Church on the hill facing FM 3009. He stated the sign would be made of either concrete or brick and will be painted white upon completion. Chairman Richmond asked if this was cleared through the church. Mr. Kula stated he did receive approval. .. ~ Mr. Youngblood, City Planner, stated the proposed sign appears to be in the Texas Department of Transportation (TxDOT) Right of Way which is not permitted. Mr. Truitt, Building Official, stated he would check into the matter to verify if the proposed location is outside of the City's R.O.W. Mr. Evans noted this is a discussion item and stated no decision could be made tonight. The commission and staff informed Mr. Kula if this piece of property is in the City's Right of Way and not TxDOT's the request would be added to the agenda for January 22, 2002 for action. Mr. Truitt stated he would look into this and contact Mr. Kula on this issue. #7 Discuss and Make Recommendation to City Council Amending Article IX, Sign Standards: Mr. Youngblood recommended to the Commission adding a reference sheet to the sign standards to summarize the requirements for each type of sign. Chairman Richmond thanked Mr. Youngblood for entering the remaining questions and concerns Mr. Spain has in brackets. He also stated he would like to make any corrections necessary and address all items in brackets in order to forward the proposal to City Council. At this time, recognizing a large number of citizens present in the Council Chambers, Chairman Richmond asked if there were other items to be discussed before continuing with this item. Mr. Lawrence Doyle, a resident of Forest Ridge Subdivision, came to the podium and stated he was under the impression there would be a discussion on the Forest Ridge Subdivision Wiederstein Road extension and walking path. Chairman Richmond informed Mr. Doyle this was not an agenda item, therefore it could not be discussed. He suggested to the Forest Ridge residents present they speak with their Homeowners Association President, Barry Sanditen. Chairman Richmond and Mr. Evans also explained the Wiederstein Road extension and walking path were approved by the Planning and Zoning Commission both in the Forest Ridge Subdivision Master Plan and the platting process. Chairman Richmond further indicated that if the residents, after discussion with Mr. Sanditen, still wanted more clarification, they should call Mr. Youngblood and request a discussion item on the next Commission meeting agenda. He thanked the Forest Ridge residents for coming. Chairman Richmond then returned the meeting to the discussion of agenda item # 7. He stated that adding off premise siqns to the last sentence in Section 3A was a good point, so he changed the sentence to read, Subject to Section 4.9A of this Article, six (6) months after the cessation of a product, service or business at a particular location, any on- or off-premise sian at that location shall be presumed abandoned. Chairman Richmond pointed out if a definition is not discussed in the sign ordinance there should be no reason to state the definition. Therefore, he recommended removing definition 3B. Mr. Evans disagreed stating the definition is for describing a sign used for advertisement. He referred to the HEB sign on IH 35 as an advertising sign for example. Mr. Evans also mentioned that merely because the ordinance does not discuss an Advertisinq Siqn does not 2 mean they do not exist. Mr. Sommers stated he is concerned that an individual may be able to use this as a loophole against the City. He recommended further discussion and keeping the definition in the ordinance. After a brief discussion it was agreed the definition will remain in the ordinance to help people understand. In Section 3F, all agreed to delete the word outdoors and place a period after seatinq. ] In Section 3H, Chairman Richmond inserted the word qround after the word realty. He then added a second sentence stating, These siqns are commonly referred to as "bandit siqns". Section 3K needs a definition. Mr. Truitt stated he would be sure to look up the legal term for Building Official and give the information to Mr. Youngblood. All agreed Section 3N should not be changed, the word corporate should be deleted in Section 3P, and Sections 3T and 3V should remain as written. After a brief discussion on Section 3GG, Chairman Richmond and the Commissioners decided that the blank should state signs identifying model homes may not exceed six (6) square feet. The third sentence should be inserted as the second sentence. The last line of the paragraph should read, One (1) such sian per builder is allowed. All agreed to leave Section 3KK out of the ordinance. In Section 4.1, Commissioners agreed to change each buildinq to one buildinq. The word free- standinq should be two words not one. Chairman Richmond reminded all that in Sections 4.10 and 4.11 they agreed a non-conforming sign has to be removed after 90 days. The intent is not to put a burden on the Inspection Department, but rather to establish a goal from the beginning. Commissioners agreed they do not expect to see all non-conforming signs removed immediately. A last sentence will be added in Sections 4.9(B), 4.10, and 4.11 that will read, Such siqns shall be referred to the City of Schertz Municipal Siqn Board for appropriate disposition or action. Chairman Richmond noted in Section 4.13(C) The should be inserted in front of Planning and Zoning Commission. Also, Section 4.13F should read, In any case where on-site work on a siqn has not been completed within six (6) months from the date of approval of the variance, said variance shall automatically become null and void. All agreed to leave Sections 5G and 5K as written. Section 5M should state Builder directional siqns. Section 5Q should state Builder development siqns. Commissioners agreed to change Section 6D from 8 square feet to six (6) square feet. They also agreed not to change Section 6K, and add the words and businesses to the end of the sentence in Section 6L. After a brief discussion between Mr. Truitt and the Commissioners it was decided to change Section 7.2J to read, Advertisinq Trailer or Vehicle, siqn area not to exceed four feet (4') by seven feet (7') or twenty-eiqht (28) square feet, when permitted by the City Buildinq Official. Siqns are not to be displayed for periods in excess of thirty (30) days. Chairman Richmond stated that Section 8.3 should read, The siqn area of a community service siqn shall not exceed six (6) square feet. Commissioners agreed Section 8.4 should 3 ,. read, One (1) on-premise free-standinq siqn is permitted for each business, not to exceed one (1) free-standinq siqn per development lot. Section 8.4A(3) should state thirty (30) square feet. In Section 8.4H an ~ needs to be added to the word require in the last sentence. Chairman Richmond noted in Section 8.5B( 1) he inserted free-standinq before the word exterior. Also, in Section 8.5D he added a last sentence to read, Failure to comply will result in non-conforminq siqns which will be referred to the City of Schertz Municipal Siqn Board for further action. The word malls also should be deleted from this paragraph. 1 In a brief discussion Commissioners decided that Section 8.4A(1) should be changed to read, Alonq hiqhways of limited access - two hundred fifty (250) square feet; Section 8.4A(2) should read, Alonq hiqhways of unlimited access - one hundred twenty (120) square feet; and Section 8.4A(3) should read, Alonq all other City streets and thorouqhfares - thirty (30) square feet. With no further discussion Mr. Sommers moved to approve, with corrections, Article IX, Sign Standards, of the UDC, and to schedule a Public Hearing on January 22, 2002 at 7:00pm. Mr. Wallace seconded the motion. A vote was taken. The motion carried. #8 Discussion on Potential Zoning of Northcliffe and Scenic Hills Subdivisions:. Mr. Youngblood asked that this item be put on the agenda for the next planning meeting. Commissioners agreed. #9 Board of Adjustment Vacancy: Mr. Youngblood reminded Commissioners of the Board of Adjustment vacancy. All applications need to be turned in no later than January 31,2002. #10 Items by Commissioners and City Planner: Ron Youngblood, City Planner: none Tony Moreno: none. Ernie Evans: none. Gary Wallace: Asked for the_Tree ordinance and mitigation fees to be on the next agenda. David Richmond: Advised Commissioners of the following City correspondence: December 17, 2001 letter from Chairman Richmond to Mayor Hal Baldwin asking City Council to consider creating a City of Schertz Municipal Sign Board. December 17, 2001 letter from City Manager Dewey Cashwell to Mr. Martin Johnson, Union Pacific Railroad, asking for assistance in enforcing the City's UDC with regard to off- premise signs in the Union Pacific right-of-way. Ken Greenwald: Asked Mr. Youngblood to look into HB 507 on mandatory Homeowners Associations. 4 ~ \ .. #10 AdjournmentWithout further discussion Mr. Moreno moved to adjourn the meeting. Mr. Wallace seconded the motion. The meeting was adjourned at 9:55pm. ry~~~.L Chairman, Planning and Zoning Commission ATTEST: , 5