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09-15-1987 _ - PLANNING AND ZONING MINDTES The Schertz Planning and Zoning Commission ands-City Council conducted a Joint Public. Hearing on Tuesda~~, September 15, 1987 at 7:00 P.M. in the Municipal Complex Council Chambers, 1400 Schertz Parkway. These present were as follows: PLANNING AND ZONING COMMISSION CITY COUNCIL - BOB ANDREWS, CHAIRMAA'- EARL h?. SAWYER, MAYOR TY BRT-SGILL, VICE-CHAIRMAN CHUCK SHARPE MERWIN WILLMAN HAL BALDb~'IN KEITH VAN DINE RAY STANHOPE - RANDY GROSSMAN ADOLPH AGUILAR MARY MARSH KEN GREENWALD CITY STAFF OTHERS PRESENT JIMMY GILMORE, CITY MGR. 5 MEMBERS OF SAFES ALICE AUSTIN, DPTY. CITY SECY. A REPRESENTATION OF STEVE SIMONSON, ASST. CITY MGR. SCHIRMERVILLE AREA RESI- ?~'ORNIA ALTHOL'SE, RECORDING SEC' Y. DENTS #1 CALL TO ORDER Mayer Sawyer called the meeting to order at 7:00 P.M. Mayer Sawyer roa.;a a P~roclamati:~n declaring the week cf September 20t1, through 26th as EMS ~,*ool~. Thy ^;ayor also than:~ed t~.e SAFES members for all the hard work tI-~ey do and ekpressed his appreciation. to them also cn behalf of the community. Mayor Sawyer then. turned tc r,~eet~-ng ever tc Planning anal. Zoning Chairman Bob Andrews. rr2 PUBLIC HEARING. Zoning Change #86 To receive input from the public en the proposed zoning c--hinge in an area south of Randolph AFn from Predevelopment t:=; ResidentialiAgriculture. The area is approximatsly 750 feet north cf IH 10 bounded on the east by FM 1518, west. b~= G1'ei;.hold Road, P>enz Engelman Rcad, Ware Seguin Road following the current - City l.irnits tc Lower Seguin Road and easterly back to F^~ 1518 following the sr~uthern limits of Randolph AFB. Chairman Andrews explained the rules cf procedure for a public- . hearing and- also gave a:basic description. of~what. comprises a Residential/Agriculture (RA) zoning. Steve Simonson, Assistant City Manager,"gave a-brief presentation en the location cf the property proposed for re.~oning and also r~pcrted that 166 lett:~rs !iad been sent tc property owners. Mr, Simoriscn said. 11 letters lia.d keen returned 7 in favor c.f_ the rezoning and 4 against it. At this time there were. questions from the public with most of - them expressing concern about being able to keep the busines'.ses they already have and also being able to sell"their businesses. as commercially zoned property. These quest-ions came from people, the majority of whom, have property with frontages along FM 151 ar,d Lc:w~er. Seguin Road. - - Chairman. Andrews informed them the area is now zoned - Predeveleprlent (PD).which is considered a temporary zoning and is also the most restrictive zoning because they must come to the - City requesting=permission before they can do anything. Mr. Andrews went on 'to say the C ~ t.y is not asking anyone to give up their business (those who had a business when they ~,iere annexed by the City. of Schertz may continue to operate that business), but: should they decide tc step doing business and sell their property and it is in an area zoned Residential/Agriculture (RA)and .gas not been rezoned tc General Business (GB), they anrot sell it as being zoned Gerlerai Business. The other side :f this situation is that a residence may exist in an area zoned G:~neral Business and if the owner of the residence wishes to Boll tl.:' `roper::Z', lt_ i^iciy 1"C'r:lall: a 1`t'S1:~.enG`G-' Cr bG sOid izS ~;eingLUnG-'d Cc-_r.eral Business. This prompted a lot of discussion and some ~~oncern was expressed about w;.zcthar cr not taxes would gc ur` if the area were tc be ~cned cornmcrcially. Hal Baldwinexpiained there is no such thing CC^l,:,erclal to<<es - the taxes are ~~,`ased OI": the Value of the land as assessed by the Appraisal Dist;_-ict - and if there is a x;~.siness cn the pr~:perty it could possibly be assessed at a ?~ig'.:cr Value than a resider:tial proporty ~~r a tract of vacant lend. Several property owners r^forred to their domed restrictions, and Chairntal~ Al:drews pcinted^ut that the City l,as ne out'r.ority to ._nforce deed restrictions. Also touched or. briefly was the AICLZ (Air Installation C;;ripati}:,`le L'se Zone) with Chairman Andrews confirming that all rostricticns enforced by Randolph AFB ir. the AICL'Z are applicable t. 'v t~.1C' C"iilr:rlerVlile area. `~'«e majority of those present operate some kind cf business in t.ze area l;oing considered for rezoning and expressed their desire f,or the land to.. be zoned General Business, }.owever, them were several present who do not operate ~`usiriesses and they spoke in favor cf tr.~ Residential/Agricultu.r~~ zoning. _ ^1er~ti-il7 ~~~il loran suggested the City c~:nsi der General Business for the FM 151°-and i.ower -Seguin areas and Residential/Agriculture _"nil:g fog ~~he other areas. ~ii:?Z P_ was S^vme diSC,liisi:~ Ur i eE' o - _ n ~ j:.s . ~ r..;ar. f _t heel{ G._neral .~uSl.n~'SS ~:%nlI7<~ s?~ould gC j:JCCauSC: Cf thC, many VarlatiOnS l.n ~7::6v {ur baC~= SUme Uf the buS!neSSC:S arc lUCated already. -2- C}luck . Sharr?e said he thinks the Council needs mere specifics as far as the location of already existing businesses. Ray Stanho~c expressed the opinion that more-time is needed'tc s^.rt th:~se matters cut.' ~delph Aguilar commented one of the things the City is trying to avoid is sect z~,:ning, and Mr. Aguilar also pointed cut that we cannot just generalize evar~°thing. ~3 GENERAL~DISCIISSIOA T1.~;re ~tias none . #4 ADJOURR~'KENT OT' P~,'BLIC ~#EARIi~IG Chairman. Andretas thanked the citizens fcr their input, reminded them ~}.c'i~e would be nc more inl~~.t after the public hearing is ud journc'd, and informed them t}gat the Planning and Zoning Coi~;r.,_.ssicn has ten days after the public hearing tc rlake it`s .r~m~ ndat ion to City Coun i 1 . r},uirman Andrews then turned t}:e meeting back over tc Mayor Sawy:~r whc reassured t}.~ citizens L~resent that all their co.:~ments would bc~ taken ir,tc cc:r.sid;~raticn u..d that the City of Scl~rertz i s not going to put anyone out ::f business - it has a pro-business attitude, ?-.ut it also wants tc L~r;tect the rural area fcr those r citizens whc want a rural atmosphere. Mayor Sawyer then tha:~ked fcr `.cmin~~ and ad=•-;ur:ied t}-,c public, h;~aring at 8.19 P. Z. Thy Sc~.~~rtz Planning and Zoning CoT`:',miSSion reconvened in a Sp~c~-~~:1 S~ssic:n, after tJ.Ze Joint Pt..•li.C Heari.:g, in the Municipal Comply Conference Room. ,~.-5 CALL TO ORDER C}~airma.n An droves calle:l t}.e meeting t o vr•der at 8:29 P.M. nE CITIZENS` INPUT OTHER THAN AGENDA ITEMS _`I'h._~ was #'a CONSIDER. A~TD "~1',KE RECOMMENDATION: Zoning Charge T86 Ch~~~irn~a:~ Andrews, asked fcr so^~e discussion. mar. _ommen C.,mission . a tamed in t'.:e past u~:,•oixt Gc~~:;-,-4~? ni<sinc:ss zo;~~rtg along:: ~,ow~•r Seguin R:~;ad, b~zt }iad - r.ct d~~_ -c~hut '__r,d of z:_ ..~ng along ~ M -1518:. -3- Clairman Andrews re_ marked that if -750 feet of frontage on Lower Seguin Road and FM 151° are zoned General Business, then anyone farther hack than that caitl.~ an caisting business ~aculd be an e_~ception and ~,7ould named to come in. - Chairman Andrews as)~ed if Planning and Zcnirig could make a ~ r'a`ommer.dation based cn the public hearing just held to rezone to Resi•uential;Agricuit;zre minus Lcwer Seguin and FM 1518. Mervin stiillman replied he didn't see why they could.n't, but it ri,ight not be legal. - - - Chairman Andrews said the pul.lic hearing was for rezoning from nrede~=el~pr.-tint to Res idential;'Agriculture. Mary Marsh pointed out that the public hearing was held for :-itizer. input and their input indicated they wanted Lcwer Seguin an'u ~M 151° zoned. G:~n~~~~al Bus in3ss not Rc'Sld2ntlal; Agricult:7.re, so that should mare It valid. Ra.r"idy Gr~.;ssman r.;;ted that a Gen.~ral Busin:~ss zoning won't effect anyc:~e ;°esidential and will benefit those that are residential wl.en they= want to sell. Ty Brisgill asked which L~redisposes - Cit1~ Plan before zoning or ~..~ny ~..~fc.: the City L'1arA . ^•Ierwin W=Willman replied tl.at what really needs to be considered is he st ~~.sc cf tl o ant anu t.~a yc .:an zone:, wi_thcu . ~ pie. ity r' 1 a r. . `I'hore c>>as marg. dlscassl.~r. about the ~.asiness'es already= i n the ;uJ-~._'« anti `I'\" Br.~s3111 ~.'..:5'G'rVi'u t.~)1:t ):,C tl7vl.:ght the C`OPlr^iSSl n -retty agreod with a General Business zoning for the fr~...ay.~ ~ 1 1~ and ~.,cwer Seguin R::a d . K~itl. Van Dinc noted there is a guy witl, a roof ir~g business cn Pfeil Road. It was pc?.:lted cut )~c c1•tiuld probably be ono "f tl~ose exceptions who would need to ~.;me in. Tl~~~. etas ..ow st:^-ie discussicr. about tl-~e 750 feet and 'r.ow that figure ;~Tas chosen. Keith Van Dine said he has trouble just a:rbi trari.ly pic)~ing a nun:~;er . Chairman. Andrews said they are t~yi:~g t: maintain some ~•<ntinuity. As a result of this . d iscuss;_ it was decidea 500 feet would be a better recommendation. - Mervin Willman.madc a mctio:. as _follows: - i~:~; to ~e.z:.nc Lt:w~T' Se~~~ai:-. Read fr.:m FM 1518 t~ the west City 11m1tS, for a ue~'t l'i of 500 feet on. bcth S1t~2S, fY`vr'i L'~,:.t''~:~=c1oL'.;e.2"tt to Gent-'.real Buslress; _ -4- - (b) to rezcn:~ the. west side and east- side to current City limits of FM 151S from IH 10 to the City limits south of FM 78, for a depth cf 500 feet., .from Predevelopment tc General Business; = to rezone a 10.134 acre tract of land owned by Rast Iron . 6~crks *tmetes and; bounds were attached to the - reccmmendaticn)- from General Business (750 feet on IH 10 access ~.~ad) and Pre`3eveloL~men. (remainder of land) to M-1 Light Industrial; _ - *(s~e section marked with asterisk in GENERAL DISCLSSION - secti::n cf these minutes) (d) to rezone the remainder of the Sci,.irmerville area frcm Prr~.d`vclotlment to Residential/Agriculture. Mary Marsh ser_.onded the ractior. and the vote cads unanimous i n fuv~~ . ^lotion ~.ax-ricd. C(9~<SI3~ER A1~D TZ~FiE A~'PR(~&'RI~1TE 1~.CTIQN: Discussion. o:~ the A•end.a fox a Bi-Annual Meeting of ?l Planning an 1. Zcning and City Counc~l Ctii c:l .L ri:iil.i AndrL: Cti'`~ L?ci `:iSE:d Ci lit ~.vL'if'S C:f an vutl.L:a'`', h(' l"iad FVritteii for his ..~~rervi?cti- prescrtaticn. Mary :"I~-..rs1_, passod out :.op ies c_~ a rc.c•rt sh~~ hau writt about the safety ccncerns of the widening of FM 3009. ~1:_'I"VY'iii k'+'l ii"i~i:: ~`;ad p aSS~.'. v..;.t ~JL-1C.:'S ;:.t tl~i+' iaSt riG'[?t ~ ~ ?f 1ny S:~1t1E, spec ifi~. ~1uestions he has about sigr:s. ~.:;n,~ ;.f tl.e tliiiigs Randy GxCSSman and :\C'ill-: V~zn .J.~n~ wanes t:; b._ discussed are listed ir, the minutes of the Settember 19E7 - a.i l_'. 4.i ii~~y . Chai;_rr,a;. Andrews asked that the Ccmmissicn members review all tl;Lsr_ t?-i~ngs a..'u l;e prepare'" t:: d~.c~de on an agenda fcr the bi- annual rn:~~~ting. Chairr,;an Andrews asked that this item be plaged tl..^ «~yenda :;f tl.e next regularly s^heduled rric:.c:t.i_ng. GE~IER.7~L I~ISCIISSIQ~V Randy Grossman stated- that he and Me.rwin Willman had written ap =;::mc- x'~.~oramendations for frc=e.~-stana.ing signs. MerLl7in Willman asked how .,,a...y of the Commission members were i lur,ning attending tl-~e American .Planning As:seciaticn - ~ Conferenco.. After some discussion, it was deterrriined that Merwin :.~-tillr,:ai., <:cith Van Dine, R~-:nd~ i anu ux Marsh will Lc _~.tt~nding on Thursday, October ? 5th and Mtirwi^. tti'ill~,~an and Reith . D ,c.~ ;nay p~.~ssi.r.;ly attend .,n I'r;_`ua~%, Oct;;ber 16t~.._ -5- - . Merwin Willman informed the Commission there is a possibility the Planning and Zoning-Commission may join the. American Planning Asscciatien - further. information is being investigated to .determine whether or not they can join~as a group. =Steve Simonson said he would like to: gc bacJ~ to the motion made in regard to the ordinance. change for the Schirmerville area. Mr. Simonson said there is a problem-with the owner of Rast Iron Works in that part of his property is already zoned General Business, he may be adding on in the future, and he does not fit- into a General Business zoning - he only fits into an M-1 (Light :Manufacturing) zoning. *Ken Greenwald suggested the entire Rast Iron Works property be zoned M-1 according to it's metes and-bounds and be included in the motion for the zoning change to the Schirmerville area. The Commission agreed this seemed litre a good suggestion. Ty Brisgill asked if a billboard along the interstate is not in compliance with the Sign Ordinance to start with and they take it down and rebuild and/or refurbish it, do they have to comply with thr--> current Sigr. Ordinance. (Thy billboard in question is the Scenic Hills billboard along IH 35<) ^1r. Brisgill maintained since it had been rebuilt it is not the same sign. Randy Grossman said it is physically the same sign, just not visually the same. There was a brief discussion. on this. The thinking of the Commission was that this billboard along with all other signs in the City will have to comply to the Sign Ordinance by 1990 which is a fair amount cf tii,tc the City is riving them tc comply. Ty Brisgill also mentioned two other unauthorized signs put up by Scenic Hills. Chairman Andrews informed the Commission he had received a letter of resignation from James Harden. A notification of the opening on the Planning and Zoning Comm:-ssicn will be passed cut tc the public when they pay their water bills. - .Chairman Andrews, noting that the Commission is one member short, - reminded all- those present that a quorum is needed at all _ :meetings. - ~ - - ~ # 10 AD.TOURNMENT .Chairman: Andrews adjourned the meeting "at 9:50- P.M. - -6-