Video index

1. CALL TO ORDER
Chairman Johnson called to the Special Public Hearing to order at 6:00 p.m.

2. INVOCATION/PLEDGE OF ALLEGIANCE
A moment of silence was observed and the Pledge of Allegiance was recited by all.

3. ROLL CALL
Chairman Johnson asked Alt. Commissioner Kusek to vote in the absence of Commissioner Glowacz.

4. CONSENT AGENDA

A. APPROVAL OF MINUTES – JOINT PUBLIC HEARING – OCTOBER 25, 2018

October 25, 2018 - MINUTES Joint Public Hearing

B. APPROVAL OF MINUTES - REGULAR MEETING – OCTOBER 25, 2018

October 25, 2018 - MINUTES - Regular Meeting

5. PUBLIC HEARING ITEM

A. V-18-002 – ProCare Collision has requested a variance to Appendix B-Sign Regulations (SSUD-2) in a B-3 General Business District; to erect additional signage at the front entrance of the business property located at 12526 IH 35N, Live Oak, Texas 78233 to assist with wayfinding to the business from the IH 35 access road. The proposed 46 square foot monument sign will include the “ProCare Collision” name and logo with a large directional arrow; total monument will stand 7 foot in height.
Chairman Johnson opened the public hearing at 6:04 p.m. by reading the legal description for V-18-002

1. Staff Presentation - Jordan Matney provided a staff presentation with the following:

Variances are heard by the Board of Adjustments except for sign variances

ProCare initially submitted the sign plans (48 square feet) for permitting through Development Services and were denied due to the ordinance currently in place.

ProCare is currently in a Special sign district in which they have reached their maximum amount of signage without a variance.

ProCare has been in Live Oak at this location for 2 years.

Hertz and ProCare share a parking lot with cross-access

Current signage for the business includes, service center, main building signage, collision center signage, small wayfinding signage within the property, pylon signage and an entry sign at the rear of the business from Judson Road.

The Hertz entrance signage is 16 square feet and has no problems with wayfinding.

Public Notices were mailed to the surrounding 200 feet property owners and legal public notices in the NE Herald, newspaper of record.

Staff does not support the variance request as submitted as a 48 square foot sign but will support additional signage at the frontage road not to exceed 16 square feet outside of the variance process.

No public notices were returned via email

2. Applicant Presentation – J.D. Keller with Keller Custom Signs, 1234 San Francisco, San Antonio, Texas 78201 provided the following presentation:

ProCare building sits 100 feet from the access road of IH 35

Temporary wayfinding signs have been erected to assist

Avis Used Cars has bought the property adjacent and utilizes the front parking lot to advertise their used cars.

by Avis parking vehicles up to the property line, it obstructs visibility of the ProCare driveway entrance

ProCare management receives complaints constantly about the lack of visibility of the driveway.

ProCare is asking for a directional sign large enough for customers to see the driveway.

Vince Brock, owner of ProCare Collision – 2115 Stephens Place, New Braunfels, Texas 78130 provide additional testimony:

When ProCare leased the property, they were the only business leasing at the location.

The property owner recently subdivided the property to be shared by three different businesses, Hertz Auto, Avis Auto and ProCare Collision.

ProCare is competing with Hertz and Avis with wayfinding.

The purpose of the Variance is to ease wayfind for ProCare’s customers.

Q&A Commission
Vice Chairman Kochan asked if ProCare was leasing the parking lot and who has control of the parking lots; Mr. Brock stated Avis currently leases the right side of the parking lot and Hertz leases the left side. ProCare only has access to the driveway. Avis and Hertz have control of the parking lots and have granted ProCare permission to erect an entrance sign should it be approved.

Vice Chairman Kochan asked for the measurements of the Judson entrance sign; Mr. Keller stated he did not have the actual size for the sign but mentioned the sign was existing from the old Gunn dealership and it was repurposed.

Ms. Matney interjected that the Judson entrance sign was approximately 20-22 square feet.

Alt. Commissioner Kusek wanted clarification on who has access rights to the driveway; Mr. Keller stated Hertz, Avis and ProCare all have accessed. Mr. Kusek also asked if there could be additional information on the digital portion of the pylon sign; Mr. Brock stated yes, but felt most drivers would not look up for directional entrance signs.

Ms. Matney interjected that Hertz has two additional entrances; one for the used car sales and one for the rentals. Commissioner Umphlett asked if they had commissioned the sign to be produced at the size being requested; Mr. Keller answered no.

Alt. Commissioner Gary Woppert suggested that ProCare erect a sign comparable to the Judson Road entrance sign;
Ms. Matney closed by stating that if the Planning & Zoning Commission choose to approve the variance as requested, the surrounding businesses would follow suit and file similar variance request. If the Commission denies the variance request presented, staff would approve a directional sign not to exceed 16 square feet.

Hearing no further questions or comments, Chairman Johnson asked for Proponents or Opponents to come forward.

3. Comments by Proponents and Opponents

Grant Daster - 12103 Wright Patterson, Live Oak, Texas 78233 – Provided the actual square footage for the proposed sign. He stated the actual size of the proposed is 55.7 square feet and 7.9 ft. in height including the concrete pad and signage.

Hearing nothing further, Chairman Johnson closed the public hearing.

4. Close Public Hearing at 6:34 p.m.

Staff Summary

6. NEW BUSINESS

A. (Public Hearing Item) - Discussion and Possible Action to consider the request submitted by ProCare Collision for a variance to Appendix B-Sign Regulations (SSUD-2) in a B-3 General Business District to erect additional signage at the front entrance of the business property located at 12526 IH 35, Live Oak, Texas.

Chairman Johnson opened the regular meeting of the Planning & Zoning Commission at 6:34 p.m. by reading the legal description of 6A.

Jordan Matney stated 6A is strictly for the action item for the Public Hearing. She also added that staff will work with them to approve a smaller sign not to exceed 16 square feet should they be denied the variance request.

Chairman Johnson reminded the commission that the motion will not include variations of the requested variance.

Hearing no further clarification, called for a motion.

Commission Umphlett made a motion to deny the variance request V18-002 as presented; seconded by Alt. Commissioner Kusek.

Ms. Matney reiterated that staff will work with them to approve a smaller sign not to exceed 16 square feet outside of this procedure.

Staff Summary

7. GENERAL ANNOUNCEMENTS AND DISCUSSION

A. Commission - Chairman Johnson wished everyone a wonderful holiday and thanked his grandson for attending the meeting.

B. Staff
Ms. Matney invited everyone to the Christmas in the Park event, Saturday, December 15, 2018, 5:30p-8:30p.
Donna Lowder announced Commission pictures will be taken at the regular meeting in January 24^th to include the new inducted members.

8. ADJOURNMENT at 6:37 p.m.

Dec 13, 2018 Planning & Zoning Commission Public Hearing & Regular Meeting

Full agenda
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1. CALL TO ORDER
Chairman Johnson called to the Special Public Hearing to order at 6:00 p.m.

2. INVOCATION/PLEDGE OF ALLEGIANCE
A moment of silence was observed and the Pledge of Allegiance was recited by all.

3. ROLL CALL
Chairman Johnson asked Alt. Commissioner Kusek to vote in the absence of Commissioner Glowacz.

4. CONSENT AGENDA

A. APPROVAL OF MINUTES – JOINT PUBLIC HEARING – OCTOBER 25, 2018

October 25, 2018 - MINUTES Joint Public Hearing

B. APPROVAL OF MINUTES - REGULAR MEETING – OCTOBER 25, 2018

October 25, 2018 - MINUTES - Regular Meeting

5. PUBLIC HEARING ITEM

A. V-18-002 – ProCare Collision has requested a variance to Appendix B-Sign Regulations (SSUD-2) in a B-3 General Business District; to erect additional signage at the front entrance of the business property located at 12526 IH 35N, Live Oak, Texas 78233 to assist with wayfinding to the business from the IH 35 access road. The proposed 46 square foot monument sign will include the “ProCare Collision” name and logo with a large directional arrow; total monument will stand 7 foot in height.
Chairman Johnson opened the public hearing at 6:04 p.m. by reading the legal description for V-18-002

1. Staff Presentation - Jordan Matney provided a staff presentation with the following:

Variances are heard by the Board of Adjustments except for sign variances

ProCare initially submitted the sign plans (48 square feet) for permitting through Development Services and were denied due to the ordinance currently in place.

ProCare is currently in a Special sign district in which they have reached their maximum amount of signage without a variance.

ProCare has been in Live Oak at this location for 2 years.

Hertz and ProCare share a parking lot with cross-access

Current signage for the business includes, service center, main building signage, collision center signage, small wayfinding signage within the property, pylon signage and an entry sign at the rear of the business from Judson Road.

The Hertz entrance signage is 16 square feet and has no problems with wayfinding.

Public Notices were mailed to the surrounding 200 feet property owners and legal public notices in the NE Herald, newspaper of record.

Staff does not support the variance request as submitted as a 48 square foot sign but will support additional signage at the frontage road not to exceed 16 square feet outside of the variance process.

No public notices were returned via email

2. Applicant Presentation – J.D. Keller with Keller Custom Signs, 1234 San Francisco, San Antonio, Texas 78201 provided the following presentation:

ProCare building sits 100 feet from the access road of IH 35

Temporary wayfinding signs have been erected to assist

Avis Used Cars has bought the property adjacent and utilizes the front parking lot to advertise their used cars.

by Avis parking vehicles up to the property line, it obstructs visibility of the ProCare driveway entrance

ProCare management receives complaints constantly about the lack of visibility of the driveway.

ProCare is asking for a directional sign large enough for customers to see the driveway.

Vince Brock, owner of ProCare Collision – 2115 Stephens Place, New Braunfels, Texas 78130 provide additional testimony:

When ProCare leased the property, they were the only business leasing at the location.

The property owner recently subdivided the property to be shared by three different businesses, Hertz Auto, Avis Auto and ProCare Collision.

ProCare is competing with Hertz and Avis with wayfinding.

The purpose of the Variance is to ease wayfind for ProCare’s customers.

Q&A Commission
Vice Chairman Kochan asked if ProCare was leasing the parking lot and who has control of the parking lots; Mr. Brock stated Avis currently leases the right side of the parking lot and Hertz leases the left side. ProCare only has access to the driveway. Avis and Hertz have control of the parking lots and have granted ProCare permission to erect an entrance sign should it be approved.

Vice Chairman Kochan asked for the measurements of the Judson entrance sign; Mr. Keller stated he did not have the actual size for the sign but mentioned the sign was existing from the old Gunn dealership and it was repurposed.

Ms. Matney interjected that the Judson entrance sign was approximately 20-22 square feet.

Alt. Commissioner Kusek wanted clarification on who has access rights to the driveway; Mr. Keller stated Hertz, Avis and ProCare all have accessed. Mr. Kusek also asked if there could be additional information on the digital portion of the pylon sign; Mr. Brock stated yes, but felt most drivers would not look up for directional entrance signs.

Ms. Matney interjected that Hertz has two additional entrances; one for the used car sales and one for the rentals. Commissioner Umphlett asked if they had commissioned the sign to be produced at the size being requested; Mr. Keller answered no.

Alt. Commissioner Gary Woppert suggested that ProCare erect a sign comparable to the Judson Road entrance sign;
Ms. Matney closed by stating that if the Planning & Zoning Commission choose to approve the variance as requested, the surrounding businesses would follow suit and file similar variance request. If the Commission denies the variance request presented, staff would approve a directional sign not to exceed 16 square feet.

Hearing no further questions or comments, Chairman Johnson asked for Proponents or Opponents to come forward.

3. Comments by Proponents and Opponents

Grant Daster - 12103 Wright Patterson, Live Oak, Texas 78233 – Provided the actual square footage for the proposed sign. He stated the actual size of the proposed is 55.7 square feet and 7.9 ft. in height including the concrete pad and signage.

Hearing nothing further, Chairman Johnson closed the public hearing.

4. Close Public Hearing at 6:34 p.m.

Staff Summary

6. NEW BUSINESS

A. (Public Hearing Item) - Discussion and Possible Action to consider the request submitted by ProCare Collision for a variance to Appendix B-Sign Regulations (SSUD-2) in a B-3 General Business District to erect additional signage at the front entrance of the business property located at 12526 IH 35, Live Oak, Texas.

Chairman Johnson opened the regular meeting of the Planning & Zoning Commission at 6:34 p.m. by reading the legal description of 6A.

Jordan Matney stated 6A is strictly for the action item for the Public Hearing. She also added that staff will work with them to approve a smaller sign not to exceed 16 square feet should they be denied the variance request.

Chairman Johnson reminded the commission that the motion will not include variations of the requested variance.

Hearing no further clarification, called for a motion.

Commission Umphlett made a motion to deny the variance request V18-002 as presented; seconded by Alt. Commissioner Kusek.

Ms. Matney reiterated that staff will work with them to approve a smaller sign not to exceed 16 square feet outside of this procedure.

Staff Summary

7. GENERAL ANNOUNCEMENTS AND DISCUSSION

A. Commission - Chairman Johnson wished everyone a wonderful holiday and thanked his grandson for attending the meeting.

B. Staff
Ms. Matney invited everyone to the Christmas in the Park event, Saturday, December 15, 2018, 5:30p-8:30p.
Donna Lowder announced Commission pictures will be taken at the regular meeting in January 24^th to include the new inducted members.

8. ADJOURNMENT at 6:37 p.m.

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