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05-08-2001 PLANNING & ZONING MINUTES May 8, 2001 The Schertz Planning and Zoning Commission convened in Regular Session on Tuesday May 8, 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 Steve Simonson Ernie Evans, Vice-Chair Asst. City Manager Keith Van Dine, Secretary (late arrival 7:10) Mary Ybarra, Gary Wallace Recording Secretary ]oyce Briscoe Tony Moreno William Sommers Ken Greenwald, ex-officio COMMISSIONERS ABSENT OTHERS PRESENT David Richmond (vacation) Doug Schoenenberger, Texas Shine. James C. Harden, Joanne Harden, Mortellaro's Nursery. Judy Dietz, 1236 Live Oak Rd. Patrick Reiley, Mortellaro's Nursery #1 Call to Order: Vice Chairman called the meeting of May 8, 2001 to order at 7:00 pm. #2 Approval of Minutes: Minutes of April 24, 2001. Ernie Evans asked for corrections or additions to minutes of Apri124, 2001. 1 Ernie Evans stated that on page four third paragraph add the word "not" before the word "necessary in the four sentence. Tony Moreno reported that on page seven, agenda item #9, correct in the word "interoperation" to read "interpretation." Without further corrections or additions, Gary Wallace moved to approve the minutes of April 24, 2001 as corrected. Tony Moreno seconded the motion. With a vote being called, the vote was unanimous. Motion approved. #3 Status Of Final Plats: There was none to report. #4 BOA Actions: There was no meeting since last report, however a meeting was scheduled for May 21, 2001. #5 Citizens' Input Other Than Agenda Items: There was none. #6 Consider and Take Appropriate Action: Request from Texas Shine, Inc. for a variance to the sign ordinance for Texas Shine Car Wash, 4715 FM 3009. David Richmond asked for staff input. Steve Simonson informed the Commission that the overlay district for FM3009 authorizes a certain height and square footage for signage. In this instance the allowed square footage for the freestanding sign is 90 square feet. The allowed height is 18.7 feet. Texas Shine is requesting an additional 30 square feet added to the existing 50 square feet for a total of 80 square feet, well under the allowed square footage. 2 Joyce Briscoe stated she did not want to see another sign on FM3009 similar to existing signage along FM3009 that has come before the Commission with a request and something different is put up. Doug Schoenenberger owner assured the Commission that the 3x10' sign would be internally lit with interchangeable black lettering. The sign is not a LCD sign, flash, blink or rotate. The purpose of the sign is to advertise specials for the facility. Without further discussion, William Sommers moved to approve the request from Texas Shine, Inc. for a variance to the sign ordinance for Texas Shine Car Wash, 4715 FM 3009. Gary Wallace seconded the motion. With a vote being called, the vote was as follows: Ayes: William Sommers, Joyce Briscoe, Tony Moreno, Keith Van Dine and Gary Wallace. Opposed: Ernie Evans. Motion approved. #7 Consider and Take Appropriate Action: On a request from James Harden (Mortellaro's Nursery Inc.) for Site plan approval of Mortellaro's Nursery, IH35. Chairman Evans asked for staff input. Steve Simonson pointed out several items not on the site plan submitted by Mortellaro's Nursery. 1. Existing sign not shown, 2. Lighting of the area, 3. Removal of the wording "septic tank". 4. Dimensions of bldg. 3 Mr. Harden explained that the sign would be at the same location. No lights are planned except at each doorway. As far as the septic tank wording, it will be removed, however there is a butane tank on the premises. Ernie Evans asked for clarification on the driveway issue. Mr. Harden explained that the existing driveway will be closed off. The new driveway is illustrated on the site plan, and added that traffic will enter and circle around and exit at the same entryway. Mr. Harden explained that there is a third driveway not shown on the site plan, however the driveway is not part of the development before the Commission. Emie Evans asked if the plat brought before the Commission, as the Harden Subdivision Unit 2 is the same area as encompassed by the nursery site plan or does it encompass more property? Mr. Harden stated it was one and the same plat. Gary Wallace stated that he wasn't sure what issues needed to be addressed and asked for some clarification. At this time, Mr. Simonson reiterated Mr. Harden's statements. The existing sign would be utilized, lighting will not be used, this facility is a daytime business, existing driveway .shown will go away, the only item that is missing that was mentioned by Chairman Evans as not indicated is the outside dimensions of the building. Mr. Simonson also mentioned that the wording "septic tank" would be removed off the site plan. All other items required on a site plan have been indicated. Mr. Simonson stated that it would be up to the Commission to take action on the submittal as presented this evening and the statements given by Mr. Harden that certain items would be eliminated or corrected or request the site plan be brought back as a clean document. 4 Ernie Evans stated that as much as he personally would like Mr. Harden's nursery business in the City, he personally would like to see a corrected site plan. This also was the Commission consensus Without further discussion, Gary Wallace moved to disapprove the request James Harden (Mortellaro's Nursery Inc.) for Site plan approval of Mortellaro's Nursery, IH35, due to the absence of building dimensions, need to remove non-existing entities, and note on sign and lights. Tony Moreno seconded the motion. With a vote being called, the vote was unanimous. Motion approved. #8 Consider and Take Appropriate Action: On a request from Judy Dietz for a variance to the sign ordinance at 1236 E. Live Oak Road. Steve Simonson stated that this item is of a sign that was originally put up some time ago, which was approved for Thistle Creek Subdivision (U.S. Homes). Subsequently, the sign was brought forward with a request from Dover Homes to add this particular sign for advertising purposes, which was approved at that time. Subsequent users of the sign have not returned requesting approval for the use of the sign. These users have not come to the city requesting permission; the change was just made. Permission was acquired for the first two, and after that a lapse. Steve Simonson stated that there should have been some follow up however, there was not. There was atwo-year limitation, which needed to be renewed after the two-year approval. Steve mentioned that the sign is on Dietz property and has been for a very long time. The only thing that city staff does not know nor remember, did U.S. Homes put up the original sign or was there a sign in place that was taken over. Ken Greenwald stated that he believes the sign was rehab job. Ernie Evans stated that he also recalls the sign as being a rehab job. 5 William Sommers stated that as he understands, the Commission has before them is a non-conforming use of a sign whose non-conforming use permit lapsed and was not renewed by the owner of the property or the user of the sign. Ernie Evans stated that he believes it would be difficult for the owner of the sign in accordance to the UDC to actually renew such a sign, due to the fact that someone else can not advertise for someone else's business. (off premise type of advertising). William Sommers stated that having attended a City Council workshop, where the council gave the Planning and Zoning Commission the "green light" to starting working on the off-premise sign ordinance. William added that in his opinion the sign is no longer valid and in all probability should come down. At this time, Judy Dietz, owner of the sign stated that she would like to clarify some of the questions that have bee brought up. First of all, the sign was actual put up when the apartments (Persimmons Apts.) were being constructed, which was before the property was in the city limits. The property owner had no one to go too, owner's just put up their signs up to advertise development and rental information. Ms. Dietz explained that the sign has always been there and that U.S. Homes had approached her and asked permission to advertise on her sign. She stated that this is all news to her, she wasn't aware that it was required to come to the city for any permits to allow anyone to advertise on their sign. Ms. Dietz stated that she believes the sign is hers and that the sign has been in place before the city had any requirements. She believes the sign should be grand fathered. Ernie Evans stated that if the sign advertised the apartment complex it would be a different issue, however the sign does not advertise for the apartment complex. Ernie Evans explained that when an ordinance is written there is a time factor for complying with the new rules that have been passed by the city. Ms. Dietz stated that 6 she had no notification from anyone of the ruling at the time that her property became part of the city. Again, Ms. Dietz stated that this is the first time she was aware that anyone had to come before the city to receive approval for this particular sign. She stated that anyone that was interested in advertising on her sign would come to her. At which time she would make the decision to allow it or not. Gary Wallace inquired whether there are any grand fathering aspects in regard to the issue before the Commission? Steve Simonson stated that research would have to be made of the original FM3009 overlay district ordinance in order to come up with an answer. Research the minutes in order to establish if anything peculiar was "said" or "in motions" of the FM 3009-overlay ordinance, concerning issues of existing conditions. Mr. Simonson stated that he would research and possibly have something to report at the next meeting. Mr. Simonson explained that procedure that is carried out when an ordinance is put into effect is that notification is given of a time limit in order to amortize. In this case it would have been the sign issue. Mr. Simonson stated that there is at least another existing (off premise, next to Boswell Niemietz) sign along FM3009 that falls under the same criteria. Steve stated that at one time the Commission authorized the signage, however at this time he believes the sign has not been authorized by this Commission. Gary Wallace stated that he believes that grandfathering would apply to the apartment complex only, and not carry over to other ownership. Mr. Simonson stated that if there is an ownership change or the six-month time limit expires, the use (of sign, home, business, etc.) is no longer in effect and the grand fathering issue is no longer valid. At this time, an inquiry was made; how long had the sign been non-forming? Ernie Evans replied that in all probability since 1996, and explained that the sign has been a topic of conversation by the Commission for the last couple of years, causing 7 community concern. However, this is the first time, it formerly had to be addressed by the Commission. Ms. Dietz reiterated her statement that she had no knowledge of permits, authorizing procedures that were required by the City. At this time, Ernie Evans explained that the Commission had two options, it could table the request, giving city staff time to research or deny the request. However, if the request is denied, it can not come before the Commission again for another year. Tony Moreno stated that he would like city staff to research the grand father issues, or was there some other reference made that would allow Ms. Dietz to keep her sign at the time the overlay ordinance was discussed and adopted. At this time, Ernie Evans explained that the sign in question is anon-forming sign, not permitted, not approved, etc., and added that the Commission may elect to discuss whether to grand father these certain issues. However, this is all that could be done at this time. Steve Simonson reiterated his statement; he would research and look into the matter and explained that when a new ordinance like the FM3009 overlay is put into effect and mass rezoning is done the City could have failed in its effort to notify everyone. This overlay ordinance was in place before my employment with the City and will research all the particulars such as; what was the advertising package, etc. Steve Simonson stated that the sign before the Commission is anon-conforming issue. This is due to the sign changing uses by the fact that it changed who was using the sign. Steve added that this issue is a going to get complicated, however it's a simply case, it is either conforming or its not. 8 Gary Wallace stated that the issue before the Commission is compounded by the fact that there is another sign along FM3009 that is also non-forming. He personally believes these two issues should be addressed at the same time because in fact the Commission has discussed the other sign along FM3009. At this time, Ms. Dietz asked for some clarification on what exactly was an overlay district. She stated that this was the first time she has heard of this and would like some one to explain. Mr. Simonson explained that an overlay district ordinance places a more restrictive layer of rules on established existing rules on a particular zoning. In brief discussion it was determined that in 1994, U.S. Home was granted approval for the sign along FM 3009 for a period of two years. At the end of the two-year period re- approval should have been obtained (1996), and so on. This was the procedure that should have been followed; however it was not. Without further discussion, Gary Wallace moved to table the request from Judy Dietz for a variance to the sign ordinance at 1236 E. Live Oak Road to allow time to do background research on the sign issue by Ms. Dietz and ,city staff. Keith Van Dine seconded the motion. With a vote being called, the vote was as follows: Ayes: Gary Wallace, Tony Moreno, Keith Van Dine and Ernie Evans. Opposed: William Sommers and Joyce Briscoe Motion approved. Mr. Simonson stated that Ms. Dietz would be notified of the time by the City staff and mentioned that both signs along FM3009 should be addressed at this time. Ernie Evans stated that an item may be tabled no longer than 120 days. 9 #9 Consider and Make Recommendation: On forwarding recommendation to City Council on House Bill 3439-Manufactured Housing. Steve Simonson explained that House Bill 3439 is before legislation at this time and the basis behind the bill is to tie city's hands upon the placement of manufactured housing. Steve pointed out that most of the associations such as, Texas Municipal League, City Manager Association and American Planning Association are all against this bill. Ernie Evans pointed out that the reason this item is on the agenda is because it was at the request of this Commission, so the Commission could send a letter to City Council asking that the council add their voices to opposing House Bill 3439. At this time, William Sommers moved to forward a recommendation to City Council on House Bill 3439 -Manufacturing Housing recommending the Council voice opposition to its passing. Gary Wallace seconded the motion. With a vote being called, the vote was unanimous. Motion approved. #10 Requests for Agenda Items for future scheduled meeting: Ernie Evans asked if anyone had requests for additional agenda items for the next meeting? William Sommers requested that the following be placed on the next scheduled meeting. 1. Off premise signage on FM3009. 2. Off premise signage for the entire city. 3. Amortization guide lines from the City Attorney. Joyce Briscoe requests are as follows: 1. Walgreen's signage being in violation to the overlay city ordinance 2. H 2 Auto Car Wash being in violation to the overlay city ordinance. 10 Ken Greenwald requests are as follows: 1. Discuss Seguin/Schertz Local Government Corporation status of water lines, etc. Keith Van Dine requests are as follows: 1. Open Meetings Act. Ernie Evans advised the Commissioners that deadline for submittal was Wednesday prior the meeting no later than noon if there were any additions for the meeting of May 22, 2001. #11 General Discussion: Keith Van Dine: Keith stated that item #9 in his opinion isn't specific enough and believes the Commission is in violation. Steve Simonson: At this time, Ernie Evans asked Mr. Simonson if he would like to comment on Ron Youngblood comments. Mr. Simonson replied that he would. 1. Dutch Boy Cleaners Landscape Plan Steve Simonson stated that Dutch Boy Cleaners have been notified that the approved landscape plan for the facility has not been completed. Dutch Boy Cleaners has assured the City that they would comply with all the corrections and additions as outlined in the approved landscape plan 2. Portable Sign at Main Street and Schertz Parkway Steve Simonson stated the portable sign advertising the Every Day Church at the corner of Main Street and Schertz Parkway is an authorized sign. The sign has 45 day permit, and the building houses the Church office. 11 #10 Adjournment: Gary Wallace 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 12