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06-27-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, June 27, 1995 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF PIA JARMAN, CHAIRMAN STEVE SIMONSON, DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY DENISE GRANGER, TONY MORENO PLANNING SECRETARY ERNIE EVANS KEN GREENWALD, COUNCILMAN MEMBERS ABSENT OTHERS PRESENT BOB ANDREWS (HOSPITAL} Mike Turner, Turner KEITH VAN DINE (WORK RELATED) Outdoor Advertising Randall Harred, Fisher Engineers Neil Fisher, Fisher Engineers ~1 CALL TO ORDER Chairman Pia Jarman called the meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Public Hearing and Regular Session June 13, 1995. Tony Moreno moved to approve the June 13, 1995 Public Hearing and Regular Session Minutes as written. Ernie Evans seconded the motion which carried as follows: AYES: Pia Jarman, Merwin Willman, Ernie Evans, Tony Moreno NAYS: None ABSTENTIONS: David Richmond. (Due to absence from said meeting) ~3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. ~4 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Fisher Engineering Preliminary Plat Approval for Sanders Subdivision (PC #237-95) Steve Simonson stated there is a portion of this subdivision that is showing a small area to be in the floodplain area. The remaining area is out side of the floodplain. A letter of map revision has been sent to FEMA as of June 13, 1995, to take out the whole east side of FM 3009 from the floodplain area. There has not been any confirmation on this so we will need to go by the preliminary plat as showing the floodplain area. The area is still permissible for building. The only correction at this time is on the location map the road stating Jack Hays Blvd. should be Roy Richard Drive. All of the information requested is on the plat. The Public Works Department has been notified on the water line and have secured the infrastructure. Pia Jarman questioned if it's the area Zone A that is in the floodplain. Steve Simonson advised that the area is out of the floodplain but because there has not been confirmation from FEMA from the letter of map revision it has to be approved as is. Neil Fisher showed the preliminary site plan with there being an asphalt parking area, with this being lot 1 of the first two acre site. There will be 179 storage as well as R/V Park units, not including the office. They will coordinate with Public Works on getting water from the other side of FM 3009. The office will have water and a septic tank. David Richmond asked about the entrance to the property. Neil Fisher explained that the entrance would be off of FM 3009. It is far enough from the Railroad tracks to prevent any problems, but no one ever knows what is far enough. Steve Simonson asked how close the first building is to the Southern Pacific ROW. Neil Fisher stated that the first building is 30' from the ROW and another 40' to the railroad tracks. Merwin Willman moved to approve the preliminary plat of the Sanders Subdivision with the correction to the location map to read Roy Richard Drive. Tony Moreno seconded the motion which carried with a unanimous vote. #5 CONSIDER AND TARE APPROPRIATE ACTION: Request from Mike Turner For Sign Variance on IH 35 North (PC #238-95) Steve Simonson explained the Highway Department had changed the size allowed on billboard signs to 672 square feet. The ordinance of the City states 500 square feet. If you were to look at the billboards that are already erected in the City you will notice that they have been extended. Mr. Turner is requesting the 672 square feet for the two signs he will be erecting. Mike Turner explained he will be renting the sign out to companies and Ramada Limited may be one of them. Merwin Willman asked if the request was for one sign or two at different locations. Mike Turner stated it was for two signs at this time; with the Highway Department and the City of Schertz regulations there will not be any more signs allowed. -2- Steve Simonson advised that the request is for two signs. There are two sides to the request. Steve Simonson asked if both of the requests were from the same person owning the property. Mike Turner stated that his sister is the property owner for GBRA Water Treatment Plant. Michelle Mangin, Rt. 2, Box 373, Lot 42, Mission, Texas 78572, (210) 580-7865. Pia Jarman asked about TXDOT authorizing the 672 square feet on the signs, if the City has to follow that authorization. Steve Simonson advised that TXDOT can not make the City agree to all the signs being 672 square feet, the ordinance for the City allows only 500 square feet. Upon checking on the other signs in the City they are all 672 square feet which was overlooked by the City. David Richmond asked about the prescribed number of sites that are authorized. Steve Simonson stated that the Highway Department controls the where by distance along the Interstate Highway. If the property owner and the City allows you to place the sign in that area and TXDOT allows you to place a sign in that area it is allowed. Mike Turner stated that the City ordinance keeps with TXDOT on the spacing of the signs being 1500' between signs. The only difference is the size of the sign. TXDOT changed their ordinance to 672 square feet per sign. Steve Simonson advised you are not agreeing to not allow the signs you are agreeing to not allowing the size of 672 square feet for the signs. TXDOT was notified and they advised that they had changed their ordinance to allow for larger signs. Councilman Ken Greenwald stated that several of the Council Members drove IH 35 and agreed on the 1500' spacing between signs under the assumption that the City was maxed out on billboard signs. Councilman Ken Greenwald congratulated Mr. Turner on finding space for two more signs as it is very hard to find property. Mervin Willman moved to approve the sign variance request on two signs for Turner Outdoor Advertising on IH 35. The motion died with no second. Mike Turner asked with this not being approved does this indicate he is not allowed the signs. Pia Jarman advised Mr. Turner he would be allowed the signs but not the request for the signs to be larger. Mike Turner stated that the City of Schertz just leased City property on IH 35 to a company. The company has placed a sign 672 square feet. Mike Turner explained that with all the signs on the highway being the 672 square feet, the two signs he is requesting is not going to follow with the others and felt that it would hurt him if he were -3- to ever want to sell the signs since they would not be the same size. David Richmond questioned if the City could request the people that have a sign and have not complied with the City ordinance to take them down. Merwin Willman stated the City has always set the requirements for billboard signs along the interstate by the state requirements. For some reason the state changed their ordinance and the City was not contacted. Ernie Evans moved to approve the two signs requesting a variance to the sign size for the two locations on IH 35. Merwin Willman seconded the motion which carried as follows: AYES: Merwin Willman, Tony Moreno, Ernie Evans. NAYS: David Richmond, Pia Jarman. ABSTENTIONS: None Pia Jarman changed her vote to an aye so the motion could pass. ~6 DISCUSSION UDC REVIEW: The Commission reviewed pages 194 - 251 with changes being made at this time. Information on inflatable balloons was discussed. David Richmond moved after considering the definition of an inflatable sign to be included in the proposed UDC. It is in the best interest of the City not to include provision for allowing such inflatable signs. Merwin Willman seconded the motion which carried as follows. AYES: Merwin Willman, Ernie Evans, Pia Jarman, David Richmond. NAYS: None ABSTENTIONS: Tony Moreno ~7 GENERAL DISCUSSION: Tonv Moreno• Tony Moreno stated he had no comments. Ernie Evans• Ernie Evans stated he had no comments. Merwin Willman: Merwin Willman commented that at the last meeting he had brought up -4- the subject on the sidewalks that need to be finished and there needing to be a percentage determined. There are some subdivisions that have been built out for many years with vacant lots that have no sidewalks in front of them. There is a concern with this and when the subdivision is 90 or 95~ completed all sidewalks should be installed by the developer or builder. Merwin Willman explained that Dover Homes main entrance there is common area in the front with landscaping but there are no sidewalks. This was discussed several years ago but nothing was done. Any place there is a common area or any empty lots these areas will need to be looked at carefully. David Richmond asked who is responsible for putting in the sidewalks. Steve Simonson stated it is up to the developer to finish the sidewalks. Steve Simonson suggested 90 to 95~ completion would be a sufficient percentage of completed lots to have the sidewalks completed. David Richmond mentioned if the sidewalks are put in at an empty lot then a builder comes and decides to build and the sidewalk gets torn up from the traffic of the large trucks. Ernie Evans stated he was in this situation with having a sidewalk and an empty lot. He had a back hoe and a dump truck going over the sidewalk, he put dirt over the sidewalk and had no problems with any cracking or tearing up of the sidewalk. It is easy to do, does not cause any problems, and he also agreed that a percentage of lots being built determine that the sidewalks should be completed. The commissioners agreed that when 90~ of the lots are built that the builder should be required to finish the sidewalks. Merwin William mentioned the San Antonio Chapter APA newsletter on the quarterly report on the front page mentions that the National APA produced a report on property rights and felt that the commission should request a copy of this. Merwin William stated that Kountry Kitchen has a portable sign in front of their building that has been there for some time. Merwin William mentioned that Village Oaks Hospital as of July 1st will change their name to Northeast Methodist Hospital. David Richmond: David Richmond thanked everyone for dealing with the bandit signs at the last meeting. Hopefully the entrance to Greenshire could get cleaned up. No one seems to know what is going on. David Richmond asked Steve Simonson if there has been any word on HEB. Steve Simonson advised that he has tried to contact HEB but the -5- gentleman has not returned his phone calls, but this may not be that there is bad news. Denny's has broken ground, Texaco came in with plans that were incomplete. The inspections department was notified when the plans come in, to let him know as they have to be as close to the plans that have already been approved. Particularly the signs and the major layout being the same. If there are any major modifications on either the signs or the building layout it will be brought before the commission for a new site plan approval. Ernie Evans asked how Ramada Unlimited was coming along. Steve Simonson advised that at this time it is O.K. The biggest problem is the sprinkler system. The foundation has been done correctly the plumbing has been passed and approved. The City of Schertz had to move two fire hydrants. Pia Jarman• Pia Jarman mentioned in the FYI section there is a letter from the City Manager on an article from "American City and County" Magazine. The City Manager is asking for any comments or suggestions. If the Commissioners would read the article and let Pia Jarman know of any comments or suggestions by the next meeting, she will pass them along to the City Manger. Pia Jarman stated that in the minutes the word "moved" has been underscored again, as a reminder to the commission that when a motion is being made it has to be said "I move to" or "I move that". Pia Jarman commented on the letter to Jack-In-The-Box from the City Inspectors on the sign that is displayed in the front of their building that at the end of the month the sign will need to be removed or they could face a fine. Steve Simonson advised that the sign has been removed. Councilman Ken Greenwald: Councilman Ken Greenwald advised the 12" waterline on FM 1103 has gotten the go ahead. This is due to the original court settlement from Green Valley. As the lines are extended from our service area they would remove theirs. The bids for the curb cuts for the requirements for the ADA have been excepted but not as many as they had hoped due to the cost. Councilman Ken Greenwald mentioned that Intsel Corporation submitted a tax abatement statement. The City of Schertz is not San Antonio. We do not totally abate taxes. There is a list of computations on how this is calculated, what the building is worth, what the possible sales taxes are worth etc. It should come out to about $7,800.00 a year for the first six years. After the sixth year it should be the full $7,800.00. They are also constructing a whole new road. The Economic Development Task Force negotiated with Intsel to rebuild the road as it would not be able to handle -6- the truck traffic. Councilman Ken Greenwald advised the water well monitoring is going to take effect. It will be on the base flow at Comal Springs on what percentage will be cut back. There will be pre-set limits depending on the stages we will be in and it is going to be very costly to the customers. Councilman Ken Greenwald stated the Commission was presented with a request a few months ago about a mobile home park in the light manufacture district. They have asked to go before the Council workshop asking for the Council to ask the Planning and Zoning Commission to look at their proposal again. Pia Jarman mentioned that in regards to action mentioned above, Merwin Willman had asked if the pertinent minutes from the Planning and Zoning meeting could be copied and given to the City Council and the Zoning Ordinance Article XXIII, Section 2, paragraph 2.2.2. Councilman Ken Greenwald stated he would hand out the information to the City Council at the workshop. Steve Simonson: Steve Simonson reminded the Commissioners of an article in the FYI section on other possible ways to develop subdivisions. ~8 ADJOURNMENT: David Richmond moved to adjourn the meeting. Tony Moreno seconded the motion, which carried with a unanimous vote. Chairman Pia Jarman adjourned the meeting at 9:17 p.m. The next regularly scheduled meeting is July 11, 1995. ~,Ck, O? Chair a Planning and Zoning Commission City of Schertz, Texas ATTEST: Planning S cr tary City of Schertz, Texas -7-