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12-12-1989 PLANNING AND ZONING MINIITES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, December 12, 1-989 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz P__arkway. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN DAVID JACKSON JOE POTEMPA, VICE-CHAIRMAN R.G. STILL, PAYLESS GAS MERWIN WILLMAN GLENN BOENISCH, PAYLESS GAS BOB ANDREWS JOHN WILKERSON, SOUTHWEST NEON GEORGE VICK JIM SHRIVER CITY STAFF KEN GREENWALD, COUNCILPERSON STEVE SIMONSON, ASST. CITY MGR. MEMBERS ABSENT NORMA ALTHOUSE, RECORDING SECY. KEITH VAN DINE, SECRETARY CALL TO ORDER Chairman Brisgill called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session November 28, 1989 Bob Andrews made a motion to approve the minutes for the regular session November 28, 1989. Mei:win Willman seconded the motion and the vote Baas as follows: AYES: T. Brisgill, M. [Willman, B. Andrews, G. Vick, J. Shriver NAYS: None ABSTENTIONS: J. Potempa Motion carried. #3 CITIZENS` INPIIT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Dorothy Breezee, on Behalf of Micki L. Combs at 5214 Irola Drive, for an Extension of Tirle to Comply with the Junked Vehicle Ordinance Steve Simonson informed the Commission he had received a call from both Dorothy Breezee and A?icki Combs saying they would. be unable to attend the meeting. However, Ms. Combs is amost positive she has a buyer for the Transtar and is requesting a 30 day extension to allow the buyer time for the purchase of the vehicle, time to fix it up and time to move it off her property. Merwin Willman made amotion to approve the request from Micki L. Combs for a 30 day extension to comply with the Junked Vehicle Ordinance. Bob Andrews seconded the motion and the vote was unanimous in favor. Motion carried. Jim Shriver asked if. the City ever did anything about the car (Mercury) on Ms. Combs' property. Steve Simonson replied that will be next. Mr. Simonson said he had spoken with Ms.Cqmbs about the car and she is hoping to get enough. money from the sale of the Transtar to fix it up so it runs enabling her to get a current safety inspection and license sticker. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from John Wilkerson, on Behalf of payless Gas, for a Variance to the Sign Ordinance Allowing Two Signs on IH-35 ..~..,;. John Wilkerson, R.G. Still and Glenn Boenisch were at the meeting to represent this request. Chairman Brisgill reminded the Commission this item had been tabled at the last meeting because the tie couldn't be broken on the vote of the motion for approval of the request - 3 members voted for approval and 3 members voted against it. ~ John Wilkerson spoke at this time and showed a diagram of the property, pointing out it's pie shape and saying the easement cuts off a big hunk of the property which leaves only two places to put signs where they can be seen. Mr. Wilkerson further stated they need the second sign because when you're travel ing north from San Antonio toward Austin, you don't have time to see the sign in order to get off at the proper exit. Mr. Wilkerson commented they are going to remove the "Shell" logo and put up "Conoco" and then the prices and "Payless" will also be on the sign. Mr. Wilkerson said the new sign will be on the opposite corner of the old one and will be approximately 45 feet high and indicated this is the only place the sign will have visibility. Councilperson Ken Greenwald advised the Commission he had driven up by just to see, and it is true you can barely see the "Shell" sign and then have time to get off the proper exit and you can't see the payless sign. Merwin Willman noted that the current slgn could be raised to 50 feet. John Wilkerson remarked they would have to redo the structure ln order to make the current sign higher. -2- Jim Shriver made a motion to approve the request from John Wilkerson, on behalf of payless Gas, for a variance to the Sign Ordinance allowing two signs on IH-35. Joe Potempa seconded th~motio~ and the vote was as follows: AYES: J. Potempa, G~ Vick, J. Shriver NAYS: T. Brisgill, M. Willman, B. Andrews ABSTENTIONS: None Motion did not carry. There was more discussion after the .vote and the gentlemen present from payless Gas asked if they could answer any of the Commission's objections to the sign. Chairman Brisgill commented on the regulations which require billboards to be located 1500 feet apart and once again mentioned the trees on the property next door which he feels will obscure the sign. Merwin Willman objected to two slgns and emphasized the current slgn can be raised. R.G. Still from payless Gas asked if it's permissible to raise the current slgn to 50 feet and was informed it is. t~ Bob Andrews indicated he has the same objections as Merwin Willman and also mentioned that the four criteria (listed below) for granting a variance have not been met. "The Planning and Zoning Commission may grant a variance when it has been determined from evidence presented that the variance will not: 1. Serve as a convenlence to the petitioner. 2. Alleviate a hardship or unusual practical difficulty created by owner. 3. Be this inconsistent ordinance. with the intent, purpose and objectives of 4. Adversely affect the public health, safety or welfare of the public, and will not be contrary to public interest." George Vick remarked that going north on IH-35 toward Austin, it is difficult to see the sign and get off at the proper exit, especially if you're in the wrong lane of traffic. Mr. Vick suggested that maybe they put the high rise sign on FM 1103. Merwin Willman asked if FM 1103 is a major thoroughfare and was informed by Steve Simonson it is. -3- Jim Shriver indicated he is in favor of the additional Sl.gn because it will bring in more customers which in turn will bring in more revenue for the City. Joe Potempa also indicated he is in favor of the additional slgn because it will give better visibility to the public and therefore bring in more. revenue. Jim Shriver asked, if the request is disapp~oved, do they have .any means of appeal and Chairman Brisgill said yes through the Board of Adjustment. At this time Jim Shriver agaln made a motion to approve the request from John Wilkerson, on behalf of payless Gas, for a variance to the Sign Ordinance allowing two signs on IH-35. Joe Potempa seconded the motion and the vote was as fol-lows: AYES: J. Potempa, G. Vick, J. Shriver NAYS: T. Brisgill, M. Willman, B. Andrews ABSTENTIONS: None Motion did not carry. Chairman Brisgill informed John Wilkerson and the gentlemen from Payless Gas that even though the request was disapproved, they do have a means of appeal, if they so desire, through the Board of Adjustment. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Possible Cancellation of December 26, 1989 meeting Bob Andrews made a motion to cancel the regularly scheduled meeting of December 26, 1989. George Vick seconded the motion and the vote was unanl.mous in favor. Motion carried. #7 GENERAL DISCUSSION Joe Potempa: (a) Asked steve Simonson if he had talked to anyone about a flagman up on the IH-35 access road where construction is going on. Steve Simonson said yes he had and they told him they have their own safety people. Mr. Potempa then told steve Simonson he hasn't seen any safety people and Mr. Simonson said he would look into the situation again. (b) Mr. Caulfield is building a garage. steve Simonson said yes he does. Does he have a permit? (c) When is Maureen Busby going to finish Simonson said as soon as construction in the the City will get in contact with Ms. Busby. her fence? Steve area is finished, -4- i j I i Bob Andrews: (a) Asked when the permit for the portable sign in front of the Community Center expires. steve Simonson replied he did. not know _for suie, but is almost positive they still have some time left on it. (b) Said there are lots of entries for the Christmas lighting contest - he had checked the drop boxes. Mr~ Andrews.asked the Commission to be thinking about five people who could :t:>e judges in case they are needed. Merwin Willman asked if they have any criteria on how to judge and Bob Andrews replied yes they do. Mr. Andrews also mentioned two trophies have been ordered, one for a residence and one for a business. Jim Shriver: (a) Thanked the City for finally getting his name plate. (b) Informed the Commission that if any of them are interested in brief cases, there's a place at the Eisenhauer Flea Market where you can buy a real nice one for $15.00. (Mr. Shriver had his own with him as a sample.) ~~ (c) Asked for the status of the traffic study at Lindbergh and Main. Steve Simonson said Chief Agee had been officially notified to do the study and the Chief will get back to him with the results which he will then pass on to the Commission. George Vick: (a) Off the IH-35 access road there's a race car license tag that has been there for a while. without a Bob Andrews mentioned that if it's on a licensed trailer, it doesn't have to be moved. (b) At 820 Marilyn there's a humongous travel trailer parked ln the driveway that's blocking the sidewalk. (c) Several months ago the Commission granted a variance to the VFW allowing them to make their portable sign a permanent fixture. It's still a portable sign. Merwin Willman: (a) In the revised Sign Ordinance there's a compl iance date of 1995. How are we going to notify the businesses? Chairman Brisgill suggested letting the Inspection Department notify them. -5- (b) On the new form for a request for a sign var iance (copy attached) created by Chairman Brisgill, Mr. Willman suggested adding after number 3 something about putting additional comments on the reverse side~ Bob Andrews suggested putting the four criteria that need to be met ~or the granting of a variance on the back of the fo~m also. The Commission concurred. (c) Referred to steve Simonson's notes to the asked anyone if they had thought about the updating the Jack Hays Blvd. Overlay Ordinance. Commission possibility and of Steve Simonson said two things that bother him are the requirement for sidewalks and also the fact that the signs in the Overlay Ordinance should be in the Sign Ordinance and not in the Zoning Ordinance. As long as they're in the Zoning Ordinance, you have to have a public hearing which involves time and expense. Chairman Brisgill commented he thinks the Commission needs to get input from both the staff and from businesses on these matters. (d) In Woodland Oaks at Poplar Grove and Oimrock there's a construction trailer which seems to be unused and has some broken windows. Do they still use it? Steve Simonson said he had heard they are going to start building agaln after the first of the year. (e) Noticed that the minutes for the regular Planning and Zoning meeting and the minutes for the Advisory Committee meeting were combined. Suggested there be two sets of minutes so the records on the Advisory Committee's actions can be filed separately for future reference. Councilperson Ken Greenwald: (a) In the display case in the front lobby there's some Schertz memorabilia - T-shirts and watches. stop by and look at it and possibly make a purchase. Bob Andrews had something el se to bring up at this time. He asked if there had been a Council workshop since the Ordinance on Garage Sale Signs had been forwarded and was informed there had not been. Steve Simonson: (a) Has been trying to get the Comprehensive Plan off dead center so he can get some information back to the Commission in January, but with the impact fee study and some problems in getting the correct information to the Staff, feedback on it has been pushed back to at least February. -6- (b) The amendment to the Junk Car Ordinance wi II when the lawyers can come up with a better "aesthetically appropriate". be forwarded way to say (c) It looks like the Ordinance on garage sale signs won't be on the City Council agenda until December- 27th because they have too many other things tight now. (d) The Parkland Ordinance has been .returned by the lawyers and will be forwarded to Council after the_first of the year. (e) They are close now to there being a signed agreement between . Schert.z and New Braunfels on sewage facilities. ~:c (f) Mr. Majeski from the Bishop Center was in to see him. It will take some time, but the City is working with him on getting the property cleaned up. (g) The The right-of-way meetings for landowners on Jack Hays Blvd. will start tomorrow. #8 ADJOURNMENT Chairman Brisgill adjourned the meeting at 7:54 P.M. The next meeting is scheduled for January 9, 1990 at which time there will also be.a public hearing for a vacate and replat in Savannah Square and for a zoning variance request from Payless Gas at Jack Hays Blvd. and Borgfeld Road. A public hearing is also scheduled for January 23, 1990 on the zoning of the five areas being proposed for annexation by the City. -7- . . CITY OF SCHERTZ REQUEST FOR VARIANCE TO SIGN ORDINANC'E DATE RECETVED: BY: 1. SPECIFIC VARIANCE REQUESTED: a. AUTHORIZED HGT: b. REQUESTED HGT: c. AUTHORIZED SETBACK: d. REQUESTED SETBACK e. AUTHORIZED NUMBER OF SIGN(S): f. REQUESTED NUMBER OF SIGN(S): g. AUTHORIZED AREA OF SIGN(S): h. REQUESTED AREA OF SIGN(S) 2. LOCATION OF BUILDING, STRUCTURE OR LOT ON WHICH SIGN IS TO BE ERECTED OR AFFIXED 3. EXPLANATION OF WHY SIGN (S) CANNOT CONFORM TO PRESENT SIGN ORDINANCE: ~ (for additional comments use other side) 4. PROPERTY OWNER ADDRESS CITY PHONE NO. STATE ZIP 5. SIGN OWNER ADDRESS PHONE NO. STATE ZIP CITY 6. CONTRACTOR ADDRESS PHONE NO. STATE ZIP CITY 7. PUBLIC HEARING REQUIRED: YES NO IF YES, FEES PAID? YES NO 8. ATTACHMENTS: a. SITE PLAN SHOWING ACCURATE PLACEMENT OF PROPOSED SIGN b. BLUEPRINT/INK DRAWING OF PLANS & SPECS. OF SIGN TO BE ERECTED/AFFIXED & METHOD OF CONSTRUCTION TO BLDG./GROUND. SUCH PLANS & SPECS. SHALL INCLUDE DETAILS OF DIMENSIONS, MATERIAL, COLOR & WEIGHT. c. WRITTEN CONSENT OF OWNER OF BLDG., STRUCTURE OR PROPERTY ON WHICH SIGN IS TO BE ERECTED/AFFIXED. SIGNED DATED (continued on other side) ***NOTE*** VARIANCE REQUEST WILL NOT BE SUBMITTED TO PLANNING AND ZONING COMMISSION UNTIL ALL APPLICABLE QUESTIONS HAVE BEEN ANSWERED AND NECESSARY PLANS OR DRAWINGS HAVE BEEN ATTACHED. CRITERIA FOR GRANTING A VARIANCE: THE PLANNING AND ZONING COMMISSION MAY GRANT A VARIANCE WHEN IT HAS BEEN DETERMINED FROM EVIDENCE PRESENTED THAT THE VARIANCE WILL NOT: 1. SERVE AS A CONVENIENCE TO THE PETITIONER. 2. ALLEVIATE A HARDSHIP, OR UNUSUAL PRACTICAL DIFFICULTY CREATED BY OWNER. 3. BE INCONSISTENT WITH THE INTENT, PURPOSE AND OBJECTIVES OF THIS ORDINANCE. 4. ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE PUBLIC, AND WILL NOT BE CONTRARY TO PUBLIC INTEREST. ADDITIONAL COMMENTS: