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04-24-2001 PLANNING & ZONING MINUTES April 24, 2001 The Schertz Planning and Zoning Commission convened in Regular Session on Tuesday April 24, 2001, at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were. PLANNING & ZONING COMMISSION CITY STAFF David Richmond, Chairman Ron Youngblood Ernie Evans, Vice-Chair City Planner Keith Van Dine, Secretary Mary Ybarra, Gary Wallace Recording Secretary Joyce Briscoe Tony Moreno William Sommers Ken Greenwald, ex-officio COMMISSIONERS ABSENT OTHERS PRESENT Ken Reininger, Bettersworth & Assoc. Doerr Industrial Gloria Clark, 307 Aero Ave. Larry Gottsman, Aetna Sign Group Mr. Brundage, A AAA Key Mini Storage #1 Call to Order: Chairman Richmond called the meeting of April 24, 2001 to order at 7:00 pm. #2 Approval of Minutes: Minutes of March 13, 2001 and April 10, 2001. David stated that minutes would be taken one at a time and asked if there were any additions or corrections to said minutes. 1 At this time, Tony Moreno moved to approve the minutes of March 13, 2001 as written. William Sommers seconded the motion. With a vote being called, the vote was as follows: Ayes: Ernie Evans, David Richmond, Keith Van Dine, Tony Moreno, Joyce Briscoe, and William Sommers. Abstention: Gary Wallace Motion approved. David asked for any corrections or additions to minutes of April 10, 2001. With none voiced, Tony Moreno moved to approve the minutes of April 10, 2001 as written. William Sommers seconded the motion. Before a vote was called, Ernie Evans pointed out a correction on page two, fourth paragraph to correct the word "accordingly" with "appropriately". With no further discussion, Chairman Richmond called for a vote on the motion with the correction so stated. The vote was as follows: Ayes: David Richmond, Ernie Evans, Gary Wallace, Tony Moreno, Joyce Briscoe and William Sommers. Abstention: Keith Van Dine Motion approved. #3 Status Of Final Plats: There was none to report. #4 BOA Actions: There was no meeting since last report. #5 Citizens' Input Other Than Agenda Items: There was none. #6 Consider and Take Appropriate Action: Request from Bettersworth & Associates, Inc. for final plat approval of Doerr Industrial, Doerr Lane. 2 David Richmond asked for staff input. Ron Youngblood informed the Commission that items discussed at the previous meeting have been corrected. The correct zip code and 16' utility easement have been added and corrected. Without further delay, Tony Moreno moved to approve the request from Bettersworth & Associates, Inc. for final plat approval of Doerr Industrial, Doerr Lane. Gary Wallace seconded the motion. With a vote being called, the vote -was unanimous. Motion approved. #7 Consider and Take Appropriate Action: On a request from Gloria Clark, 307 Aero Avenue for a special exception to the zoning ordinance to encroach into the side yard setback from 7.5' to 5' for placement of a carport cover on existing driveway. Chairman Richmond asked for staff input. Ron Youngblood pointed out an error to the agenda item. The variance should read from 7.5' to 5" not 5'. The error was so noted. Ron explained that the carport cover would go right up to the property line, within an inch of the Clark property. The carport would not encroach into the adjoining neighbors yard and as the pictures indicate (pictures; part of the packet) the surrounding neighbors have similar carports that are constructed well and are maintained adding an esthetic look to the neighborhood. There was some discussion among the Commission in regard to the surrounding carports and whether property owners had been approved. Ernie Evans stated that he recalls several requests of this nature one in particular concerning a carport that was subject to drainage run off. In this case the adjoining property owner provided a letter stating he did not have a problem with the proximity of 3 the carport. However, he does not recall any other request where the carport or structure was as close as the request before the Commission this evening. Ron Youngblood informed the Commission that Ms. Clark has received verbal agreement from her adjoining neighbors. Ms. Clark explained that her carport was taken down at the time some remodeling was done to the house, however the carport wasn't as wide. Ms. Clark informed the Commission that her neighbor has voiced no concern and had asked if he needed to be present at said meeting. However, Ms. Clark advised him it was not necessary at this time. She further stated that he would not have a problem providing a letter. Joyce Briscoe stated that she recalled the same issues (drainage) as stated by Ernie Evans and added that carports do come equipped with gutters, which would eliminate any concern. Ms. Clark explained that the drainage issue has been carefully looked at and doesn't present a problem. Either as looked at by the inspection department or during rain (run off) we have had recently. David Richmond suggested that a letter from the neighbor stating that there is no concern with the carport proximity be made available to the Board of Adjustment. Ms. Clark advised that she would provide the letter from her neighbor. David Richmond suggested that the request goes forward to the Board of Adjustment with the Commissions recommendation of approval and that a letter from the neighbor be made available for the Board of Adjustment packet at the next scheduled meeting. With no further discussion, Tony Moreno moved to forward the request from Gloria Clark, 307 Aero Avenue for a special exception to the zoning ordinance to encroach into the side yard setback from 7.5' to 5" for placement of a carport cover on existing 4 driveway to the Board of Adjustment with a recommendation of approval to include a written concurrence from the neighbor. Keith Van Dine seconded the motion. With a vote being called the motion was approved. #8 Consider and Make Recommendation: On a request from Aetna Sign Group for a variance to the sign ordinance at A AAA Key Mini Storage, 17497 Triton Drive. Ron Youngblood explained that the facility is requesting additional signage to exceed the City's requirement of two signs per business. One freestanding sign and one sign on building. Mr. Youngblood added that the landscaping is very impressive and suggested everyone to go by and take a look. David Richmond stated that the landscaping is very impressive, as is the rotating sign, and asked why the facility believes it needs additional signage. Larry Gottsman representing Aetna Sign Group stated that the facilities huge wall space would help in advertising the facilities added amenities such as, "climate control" "alarmed", etc. The wall space sign would mainly attract clientele from "Arby's" and "Jack in the Box", that utilize the drive through at these facilities. The proposed colors are soft pastel colors, which would be very pleasant to read, and the lettering isn't lighted. Gary Wallace inquired on the second sign on the building. Mr. Gottsman explained that the sign is affixed at the office with the name of the facility. Gary Wallace stated that this facility would be sufficiently different than others in the vicinity, if the additional signage is allowed. Other businesses in the surrounding area don't have huge advertisement on wall space. Joyce Briscoe mentioned a similar request for additional signage that was denied by the Commission because it went beyond the City's Unified Development Code 5 requirements. If the Commission approves such a request, every other business would be requesting similar signage. David Richmond stated that the Commissions has been concerned with the look of this entire section of IH 35 and FM3009 and the sufficient proliferation of signs. The Commission not only controls the height but also the variances on the number of signs. This established ordinance controls an over load of signage along these sections of Schertz. Keith Van Dine stated that he also believes that if this request were allowed, every other business would be asking for the same consideration. David Richmond pointed out that the rotating sign is an eye catcher, very unique and the only sign of its kind in the City of Schertz, and because of this he believes it would attract business. Larry Gottsman asked that if the facility did not have a second sign at the front of the building, would the sign advertising A-AAA Key Mini Storage (500') on the wall in question be allowable? Mr. Gottsman was advised that it would exceed the allowable square footage. Ernie Evans stated that there is a required square footage number of area taken up by the sign, just as there is a height requirement, and believes Mr. Gottsman suggestion well exceeds the requirement. Mr. Gottsman stated that if in fact there is a square footage limitation, would the Commission consider allowing the existing wall signs additional square footage whatever it may be to advertise the facilities features such as climate control, etc. on the wall as requested? 6 David Richmond stated that the request before the Commission is the variance for additional signage and must to be treated as such. However, the suggestion of replacing one sign with another could be submitted for consideration at the Commissions next scheduled meeting if it is justified. With no further discussion, William Sommers moved to deny the request from Aetna Sign Group for a variance to the sign ordinance at A AAA Key Mini Storage, 17497 Triton Drive. Tony Moreno seconded the motion. With a vote being called, the vote was unanimous. #9 Consider and Discuss: Interpretation of the Open Meetings Act Mr. Greenwald explained the interpretation of the Open Meetings Act. Which basically means that non-agenda items may not be discussed. All Boards, Commissions, BOA, and City Council are subject to the new ruling. The ruling is such that if anyone plans to address any open meeting on a matter which is not on an agenda, the state law allows only the following responses to a question: 1. A statement of specific factual information; 2. A statement of existing city policies; or 3. Discussion regarding when the matter can be placed on all Boards, Commissions, City Council, etc. agenda for consideration at a later meeting. Ken stated that he doesn't agree with the new ruling, however it must be enforced, it's not worth getting in trouble. David Richmond stated that anyone wanting to discuss any item may call Mary, recording secretary and ask that the item be placed on the agenda for consideration or discussion. This submittal should be made the Wednesday prior the meeting date no later than 12 noon of that day. Ken Greenwald pointed out the request must be specific and that the ruling applies to the Commission in such a manner that the above three items apply 7 #10 Consider and Discuss: House Bill 3439-Manufactured Housing. Ron Youngblood stated that the Texas Manufacturing Housing Association is lobbying and a bill is moving through the House Committee on Land and Resources Management. The bill basically means that cities could lose the ability to regulate where manufactured housing is allowed. Ron stated that he believes that cities should have the opportunity to make decisions on a local level and can't believe that the State could regulate city mixed-use housing. Ken Greenwald stated that this is not the first time such a bill has come before the House Committee, obviously not passing. This is a continual issue that the Manufactured Housing Association would like to see passed. David Richmond stated that he believes this is an opportunity for the Schertz City Council to stand up and be counted. He would like to see the council follow other cities such as Grand Prairie, and the Texas Municipal League in opposition to the House Bill 3439. Ken Greenwald stated that TML usually sends out information such as House Bill 3439, to cities when certain issues are bad for a city. It was the Commissions consensus to place House Bill 3439 on the next scheduled agenda for consideration and action. #11 General Discussion: Ron Youngblood: Comprehensive Land Plan- Key Person Interviews and Community Forum 8 Ron stated that there is still time for Commissioners to sign up to attend the interview session. Also posters, brochures and flyers have been delivered from Wilbur Smith & Associates, which copies have been provided as part of the packet for review. Ron stated that he would like to encourage everyone to contact: churches, associations, businesses, friends and neighbors to attend and have a voice on how the city is planned for the next twenty to thirty years. David Richmond stated that the Community Forum would take place at the Knights of Columbus Hall. Wynn Brook Subdivision School Site -one way shift. Ron reported that the school district submitted a preliminary school site plan for city staff review. The site plan indicates that the school will be shifted from east to west for elevation reasons, however there will be no change to the location on the property. The proposed one way entry is still in place. These are issues that the planning department is working on. Employee Picnic May 12, 2001. Ron mentioned that the employee picnic is scheduled for Saturday, May 12, and invited the Commission to attend. The festivities start at 1 pm, dinner at 6pm and at 6:30pm the presentation of awards. Please bring the family and enjoy the day. SCUCISD Sport Complex -Elbe) Road Ron reported that the site plan for the sport complex was submitted for review, where basically everything has been taken out of the flood plain. The architect has been working very hard to preserve the old oak trees on the property. Ron believes that when all is finished it will be a very nice facility. 9 Ernie Evans: Ernie stated that there is a very large "for sale" sign on the Bob Bomer property on IH 35. Ernie stated that Johnny Bierschwale and Public Work deserve a pat on the back for a job well done on the re-paving of a portion of Schertz Parkway. Ernie stated that a sign advertising a church on the corner of Main Street and Schertz Parkway is in violation of the cities sign ordinance. William Sommers: William stated that on the next agenda an item would be added, "Request for Agenda Items for the future". William stated that he doesn't believe the city has some sort of tracking system, which would enable the Commission to go back and review items that have been discussed where no resolution was reached. David Richmond: David stated that he has not seen or heard any resolution in regard to the request for development along FM3009, from Greenfield Village to FM78. David reminded everyone to call Mary with items to place on the agenda for discussion or consideration. Without further discussion, David asked for a motion to adjourn. #10 Adjournment: 10 Keith Van Dine moved to adjourn. Tony Moreno seconded the motion. The meeting adjourned at 8:15p.m. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City of Schertz 11