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10-27-1987 PLANNING AND ZONING MINOTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, October 27, 1987 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN FLOYD MCKEE TY BRISGILL, VICE-CHAIRMAN SUE MCKEE KEITH VAN DINE, SECRETARY NEIL THORESON MERWIN WILLMAN GEORGE VICK RANDY GROSSMAN RUBY GOLLA MARY MARSH KEN GREENWALD, COUNCILMAN CITY STAFF STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SECY. #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. { #2 APPROVAL OF MINUTES: Regular Session October 13, 1987 Chairman Andrews asked that on Page 7, Paragraph 2, second sentence after "Realty World sign" a comma and the following be added "that's in noncompliance with the Ordinance and will need to come into compliance by 1990,". Ty Brisgill made a motion to approve the minutes, as amended, for the regular session October 13, 1987. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPIIT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Floyd McKee - Request for a Variance to the Sign Ordinance Floyd and Sue McKee were at the meeting to represent this request. This item had been tabled at the October 13, 1987 meeting in order to give Mr. McKee time to fill out the appropriate form for a variance request. The appropriate form has now been filled out and submitted by Mr. McKee. Floyd McKee commented to Chairman- Andrews he had contacted someone at Randolph Air Force Base about the 300 watt spotlight he plans on using to shine up at the flag poles and was told there is no problem. Mr. McKee said he had also checked with the FAA and they asked him to put in a bigger light. . Mary Marsh asked Floyd McKee how he plans to accommodate a large number of R.V.'s (she had driven up by his property and to her it looked terribly small). Mr. McKee informed Mary Marsh that what she was looking at was just the road, there are 40 acres in back which will be used to accommodate the R.V.'s. Keith Van Dine said he and Merwin Willman had driven by the property also and asked Floyd McKee if the strip down to where it cpens up is just a roadway and Mr. McKee said yes, it will be paved and the area landscaped. Keith Van Dine also asked Floyd McKee if all the gates belonged to other people and Mr. McKee. replied yes they do, those people have property along there and had asked him to put the gates in and he did. Chairman Andrews remarked that he thought. he had heard Floyd McKee say there will no backing out of the R.V.'s from the park. Mr. McKee said that is correct, the park will be designed so that the R.V.'s will have a level pull through approximately 60' long to accommodate those who may be towing boats, cars, etc. Chairman Andrews then asked if the plat will be laid out to indicate that long pull-through area and Mr. McKee replied it will be. Randy Grossman asked if the Schertz Business Club had been contacted and had any discussion about putting a bulletin board at the R.V. Park informing the campers of services available in Schertz. Merwin Willman replied he thought the discussion should remain on the subject of the variances being requested and the sczbject of the bulletin board could be brought up later in general discussion. Merwin Willman asked Floyd McKee if he thought the height of 70' for the flagpoles would be high enough so those with R.V.'s could see the FM 2252 exit. Mr. McKee replied he hopes it will be high enough and the flags should be visible enough to give the campers approximately one-half mile's worth of time to be aware of the exit. Merwin Willman then asked Floyd McKee how travelers will know the flags are for the R.V. Park and Mr. McKee replied all the logos will indicate that fact, and they will also be sending letters out to various R.V. clubs informing them about the park and the flags. Merwin Willman made a motion to approve the request from Floyd McKee for two variances to the Sign Ordinance as follows: (1) to allow Mr. McKee to erect two 70' flagpoles, and t2) to allow him to display two 20' x 30' flags on those poles. Ty Brisgill seconded the motion and the vote was unanimous in favor. Motion carried. -2- Merwin Willman commented before the meeting goes on, he would like to ask Mr. McKee if he is aware of Senate Bill #408 which as of 9-1-87 requires a Certificate of Authority to install utilities in a City`s ETJ. Mr. Willman said he understood Floyd McKee is getting his water from Green Valley and he might want to check and make sure they are aware of this Senate Bill. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Melvin F. Golly - . Request to Place Mobile Home on His Property off FM 1518-- , Ruby Golly was at the meeting to represent this request. This item had been tabled from the October 13, 1987 meeting to give Melvin Golly time to provide sufficient information to the Commission about the septic system. Chairman Andrews asked Ruby Golly if the present septic system could maintain two dwellings and Mrs. Golly replied she did not know. Chairman Andrews said that was one of the Commission's main concerns before granting approval and Mrs. Golly asked if they put in a larger system, would the Commission give their approval. Chairman Andrews informed Mrs. Golly that the Commission needs something from a municipal authority stating the septic system meets state standards and will be able to maintain two dwellings, or stating that a septic system Large enough will be installed which will meet state standards and accommodate both dwellings. Chairman Andrews informed Mrs. Golly that the Commission can't address this request because they are waiting for an answer and the necessary information before deciding upon approval or disapproval. Mrs. Golly asked where she could ohtain such information and Steve Simonson remarked that Bexar county has the controls over septic systems. Merwin Willman aslced if the Commission is basing it's decision on the septic system and wondered if the Commission shouldn't give some kind of indication as to approval or disapproval of placing a mobile home on the property of the septic system meets state standards) so the Golla's have an idea and won't be wasting their time. Randy Grossman asked Mrs. Golly if there had been any change in the number of people using the septic system such as grown children who no longer Live at home and Mrs. Golly replied no. When asked how many people are on the system, Mrs. Golly replied there are six. Keith Van Dine asked Mrs. Golly if that is a pool-type camper located on the property now and she replied yes it is, and where the pool-type camper is located now is where they would like to locate the mobile home. -3- Chairman Andrews said the Commission could address the request and see if anything other than the septic system precludes approval or disapproval. Merwin Willman made a motion to approve the request from Melvin F. Golla to locate a 12' x 52' mobile home, in addition to the primary residence, on his property off FM 1518 contingent upon his providing the City of Schertz (for purposes of obtaining the necessary permits)- with sufficient evidence to indicate that the septic system meets the state standards and/or health codes required for two dwellings. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #6 CONSIDER AND MAKE RECOMMENDATION: Zoning Ordinance - Discussion on Including a Section on Housing for the Aged Chairman Andrews commented he had asked to have this item placed on the agenda for discussion. Mary Marsh inquired as to what type of zoning districts the homes for the elderly in the City of Schertz are currently in and Steve Simonson replied they are in both Residential and General Business zoned areas. Merwin Willman observed that the houses put in by the Housing Authority are well designed for senior citizens. Steve Simonson said those houses are built according to HUD guidelines. Chairman Andrews asked who owns them and Steve Simonson replied they are owned by the Schertz Housing Authority. Mr. Simonson T.~ent'~on tc explain the Housing Authority is run by Commissioners appointed by City Council and the Mayor. Mr. Simonson said the Commissioners deal directly with HUD as far as having their own budget (the money does not come from the City of Schertz) and the one here in Schertz ran in the black for five years - it depends on the management. Mr. Simonson further stated the government floats bonds in order to loan money to the Housing Authority for the purpose of building senior citizen housing and it is merely a paper transaction the way the money is paid back because the Housing Authority really never pays back the loan. Merwin Willman mentioned the need to get copies of ordinances from other cities if the Commission thinks the time is now to pursue this matter on including a section in the Zoning Ordinance on housing for the elderly. Mr. Willman also said it may be too early and the Commission might not want to pursue this matter just yet. Randy Grossman asked Chairman Andrews what kind of glaring potential problems he sees and Mr. Andrews replied he sees no glaring potential problems, he is just trying to anticipate five, ten, twelve years down the road. Mr. Andrews said there will probably be a growth in population because we are in the sun belt and because we do have a nice City in which to retire. -4- Merwin Willman stated the big question is whether or not now is the time to pursue this. Randy Grossman asked if the Commission had any idea what kind of controls would be needed or we are lacking, and Chairman Andrews pointed out we have no controls now, we do need some guidelines. Ken Greenwald suggested using the HUD guidelines. Steve Simonson said one thing to be aware of is the location of housing for the elderly, and brought up the example of apartments for the elderly being located in a multi-family residential area. Mr. Simonson asked if the elderly would be able to walk to amenities such as the Post Office and the grocery store from where these apartments may be located. Mr. Simonson said many of the elderly still drive, but many do not. Keith Van Dine suggested using the HUD guidelines as merely a guide and putting in our own controls. Randy Grossman asked what we`re talking about as far as HUD guidelines - a fifty-page leaflet or pamphlet containing all their regulations and requirements. Steve Simonson said no, more like a book, the HUD guidelines are quite extensive. Randy Grossman indicated the Commission could address the issue immediately recommending some kind of stop-gap regulations needed for our controls and the research could still go on. Merwin Willman said, in his opinion, they need to do the research first and they also need to establish a zoning district for housing for the elderly. Mr. Willman also observed that housing for the elderly has other terms such as nursing homes and group care homes. Merwin Willman remarked it is possible to go through TML and ask for copies of other ordinances pertaining to this subject. Chairman Andrews asked who could contact TML and it was decided Steve Simonson should be the one to contact them. Mary Marsh informed the Commission she had occasion to attend a Iunchecn last Tuesday at Fort Sam Houston and tour their Retirement Center. Mrs. Marsh said it had every conceivable amenity you could think of and she named a few such as a beauty shop, post office, pharmacy, library, etc. and indicated she was very impressed. Steve Simonson remarked that Eden Homes in New Braunfels, which has a church association, has a retirement center somewhat similar to the one Mary Marsh described at Fort Sam Houston. Steve Simonson pointed out to the Commission that the availability of federally subsidized money for public housing -5- depends on which political party has a president in the White House. Mr. Simonson also remarked that Schertz has quite a bit of housing for the elderly and it's time our sister cities shared in the; responsibility. The consensus of the Commission on this item was that research into housing for the elderly should begin and then they will assemble all information gathered from the research to write up their recommendations. #6a. CONSIDER AND MAKE RECOMMENDATION: Signs - Jack Hays Boulevard District 15, Texas Highway Department Ban Chairman Andrews asked Steve Simonson if he had any kind of an update for the Commission since the last meeting. (At the last meeting, on October 13, 1987, the Commission was informed that the State Highway Department had pulled up all the bandit signs along Jack Hays Boulevard on Monday morning October 12th.) Mr. _ Simanson replied he had spoken with Dale Stein of the State Department of Highways and Transportation out of Seguin and was informed by Mr. Stein that signs (with the exception of State Highway signs? are not authorized in the state right-of-way anytime, anywhere, anyhow. Mary Marsh ,asked why the Highway Department had pulled up the signs on a Monday morning and Steve Simonson replied that's when they came to work. Mr. Simonson went on to explain that Monday the 12th of October was a holiday for the City but not for the State and since the Ordinance was revised not too long ago so the bandit signs could remain up on a holiday weekend, that's the first time the State Highway Department had worked on a holiday observed by the City and consequently noticed the bandit signs. Mary Marsh asked if there's absolutely nothing that can be done and Steve Simonson said the Ordinance could remain as is and the developers could take their chances since the signs are very seldom picked up. Mary Marsh replied it bothers her to be breaking the law. Ken Greenwald commented we are basically supplying the developers with information to break the law. Chairman Andrews asked if because we are basically supplying them with information to break the law, if the State picks up the bandit signs, is the City liable for the developer`s losses. Steve Simonson remarked that the Ordinance stands in effect on everything except for the regulations on bandit signs. Keith Van Dine observed that if the City steps clear out of the picture, then the developers can do what they want and as long as the State doesn`t come by and pick up the bandit signs, we can't say anything. -6- Randy Grossman asked if the State has exclusive authority or if it is intertwining with the City's regulations and Steve Simonson replied the State's authority is exclusive. Merwin Willman commented we need to delete the section on bandit signs from the Ordinance. Mary Marsh stated the law is the law and the developers will have to be notified. Merwin Willman said he didn't think we should be sticking the City's neck out in regard to this situation. Ty Brisgill asked if it is a State law and Steve Simonson replied each District controls it's own right-of-way policy and the decision was made in District 15 not to allow signs in the right- of-way. Mr. Simonson pointed out District 15 is the district that effects the City of Schertz. Merwin Willman asked how about sending the State Highway Department a letter explaining our policy and asking them if they approve or disapprove. Mary Marsh suggested the letter point out that signs in the right-of-way are allowed in other districts, that we have a Sign Ordinance to control the signs, explain our policy about allowing the developers to put up bandit signs, and if the State Highway Department disapproves, let them put it in writing. The Commission asked Steve Simonson to write the letter and he agreed, but he suggested leaving things as they are now until we receive an answer from the letter. Chairman Andrews asked that this item be tabled until the next regularly scheduled meeting. ~7 CONSIDER AND MAKE RECOMMENDATION: Applicants for Planning and Zoning Commission Four applications for the Planning and Zoning Commission had been received and all applicants were invited to attend the meeting tonight to answer any questions posed by the Commission. Those four applicants were as follows: . Richard Little.- 310 Winburn Neil Thoreson - 1020 Gettysburg James Shriver - 302 Aero _ George Vick - 508 Marilyn Neil Thoreson and George Vick were present, but Richard Little and James Shriver were not in•attendance at the meeting. Mary Marsh emphasized her feelings that there there needs to be a legal person on the Commission at least as an advisor. Mrs. -7- Marsh said she was made very aware of this after attending the American Planning Association Conference in Austin. Chairman Andrews told Mary Marsh he agrees, but the Commission is protected legally through City Council. Keith Van Dine commented he thinks we need to refine our procedure for selecting a candidate for recommendation to City Council and it was suggested he bring up this matter later, during the General Discussion part of the meeting. At this time Chairman Andrews explained the open door policy to the two potential candidates and gave them their choice of staying in the room while each other was being questioned or leaving the room sc each could be questioned separately. They chose to leave the room so each could be questioned separately. The Commission members asked questions of the applicants, first Neil Thoreson and.. then George Vick. After the question and answer period was completed, Chairman Andrews arse again gave the applicants their choice of remaining in the room while the Commission assessed their evaluations, made a possible recommendation and voted, or of leaving the room du~~ing this process. TI~e applicants chose to leave the roam. After a brief discussion, Merwin Willman made a motion to recommend to City Council the appointment of George Vick to fill the vacancy tPosition the term of which expires in October, 1°88} on the Planning and Zoning Commission. Randy Grossman seconded the motion and the vote was unanimous in favor. Motion carried. The applicants were asked to come back into the room and were informed of the results. Chairman Andrews told them it had been a difficult decision and thanked them for coming. Mr. Andrews also told George Vick he would be notified of the results of the City Council vote on the recommendation of his appointment to the Planning and Zoning Commission. #8 GENERAL DISCIISSION Chairman Andrews called the Commission members attention to the "Zoning Bulletin" dated October 197 (everyone received a copy in their package) and pointed out that one stop-gap measure the Commission has available to them when someone requests a variance is to ask for an Environmental Impact Study. Randy Grossman asked what such a study covers and Chairman Andrews replied they cover just about everything - for example, increase in traffic, heaviest time of day for traffic, projected growth in population, the need for further services such as police, fire, ambulance, etc. - and there are firms in business for the sole purpose of doing these Environmental Impact Studies. -8- Chairman Andrews asked Steve Simonson who approved the work being done on the railroad bridge on FM 78 over the Cibolo Creek and Steve Simonson replied he is trying to find out. Mr. Simonson further commented he hopes the dam the workers have built will allow the water to flow through when it rains. Mr. Simonson said he is trying to find out who gave them permission to change the flow of the Cibolo Creek and he has calls in to both FEMA and the Carps of Engineers. Mary Marsh commented she needs help in locating people to form the nucleus of a citizens' council, people who are interested in what's going on in the City of Schertz. Mrs. Marsh said she needs some names and phone numbers so she can get going on this. Chairman Andrews gave her the names of Lynn Daby and Art Young from the Lone Oak area. Mary Marsh asked Ken Greenwald if he had brought in the tax infcrmation she wanted and Mr. Greenwald replied he would bring it to the joint meeting tomorrow night. Keith Van Dine asked who he sends the bill to because he blew a fire on Pfeil Road which has a lot of holes that need to be filled. Keith Van Dine mentioned again that the process for selecting a candidate to be ncminated to fill a pcsition needs tc be refined. Mr. Van Dine suggested that for the interviews each Commission member only have so much time to ask questions, that each member be allowed to ask only three questions (there could be a list of twenty-one questions), ai:d that the Commission come up with some kind of a format. Mary Marsh, referring to Chairman Andrews, said the opening and closing remarks from the chairman were very good and very necessary. Merwin Willman said he, personally, likes to interview each applicant individually and also likes to have the candidates cut of the room when the Commission votes on their selection. Randy Grossman asJred if with the open door policy that can be done, and Steve Simonson said you can call an Executive Session. Ken Greenwald reminded the Commission to be careful about calling Executive Sessions. Chairman Andrews asked that the discussion to include the clause in the Planning and Zoning Rules of Procedure about calling an Executive Session be put on the agenda of the next regularly scheduled meeting. Keith Van Dine commented that if he personally knew an applicant, he might want to provide some input on that applicant to help the -9- other members decide who is most qualified or who is not qualified. Chairman Andrews posed the question that if he cannot vote for or against an applicant, how can he vote cn anything of magnitude. Mary Marsh said she felt there should be an opportunity at the end of an Executive Session for some discussion. Mary Marsh also, on the subject of the number of questions, said they could have as many as fifty, but each member still be allowed to ask only three. Mrs. Marsh said she would like to suggest that everyone come in with some questions, even as late as January, that they feel are appropriate to ask an applicant. Randy Grossman noted there should be an oppcrtunity for some open questions because every applicant has their own individual personality that may not be brought out in other questions. Mary Marsh suggested maybe the first round of questions be structured and then if any Commission member isn't satisfied, there could be open questions. Chairman Andrews said he listens mainly to the response of the applicants and the time it takes them to make that response. Chairman Andrews asked that further discussion on setting up a specific format for interviewing applicants for the Commission be scheduled on the agenda cf the first meeting in January, 1988. Keith Van Dine told the Commission how much he appreciated being able tc attend the American Planning Association Conference and said he thought the saddest thing about it was that there were those whc didn't get to gc. Mary Marsh stated the Commission needs to be aware of all the new House Bills and Keith Van Dine said he is going to make a list of of them. Chairman Andrews commented that if the members would read the ordinance every time pertaining to a particular item on the agenda, the majority of times they will stay out of trouble as far as their recommendations about an item are concerned and pointed out that most of the cases reported in the "Zoning Bulletin" back up his statement. Merwin Willman noted there are three things the Commission should always be aware of when considering an item and those three things are the health, welfare and safety of the citizens. Randy Grossman informed the Ccmmission he has initiated a project for this coming Saturday and he needs their help. Mr. Grossman went cn to say he plans on some adults dressing up and trick or treating in Schertz to gather food for RACAP (Randolph Area Christian Assistance Program) which is headed by Martha [Fright. -LO- Mr. Grossman said the manager of Albertson's has agreed to furnish shopping baskets and Bruce Cates of Channel 5 KENS TV has been contacted about media coverage. Mr. Grossman said he could pretty :much cover Woodland Oaks but asked for the Commission's help in any of the other areas of Schertz. . Chairman Andrews suggested Randy Grossman contact Samuel Clemens High School about the possibility of their football team and their band members being able to help him cut. Ken Greenwald suggested he contact the local scout masters for help from the boy scouts. Merwin Willman commented that the Commission members had probably noticed cn the copy of the Junk Yard Ordinance (which has been approved) that they received in their package that something was missing, namely the parts about enclosure cf garbage areas. Mr. Willman said the Council felt that would be too hard to enforce. Ken Greenwald said they will try to work cut same kind of controls for new businesses coming in. Merwin Willman mentioned two events that will be upcoming in 1988: (a) The American Planning Association National Conference tc be held in San Antonio April 30 through May 4; and (b) The American Planning Association Conference to be held in Houston October 5th through the 8th. Merwin Willman said he has a copy of Senate Bill X408 and he will make copies for the others. Mr. lti~illman said the biggest thing about it is that it requires a Certificate of Authority to install utilities in a City's ETJ. Ken Greenwald reported that the renewal of two-year terms had been approved by City Council for Bcb Andrews, Randy Grossman and Mary Marsh. Mr. Greenwald also said the Council approved the appaintments of Bob Andrews as Chairman and Ty Brisgill as Vice- Chairman cf the Planning and Zoning Commission. Ken Greenwald reminded everyone they had received copies in their packages of four ordinances that had their final readings. Ken Greenwald, on the subject of being sued, told the Commission members that somewhere in their two-year term, they would probably be served. Mr. Greenwald said the City Attorney will cover them, but they can have their own lawyer, if they wish, at their own expense. Ken Greenwald reminded everyone of the joint meeting tomorrow night (Wednesday, October 28, 1987). -11- Chairman Andrews informed the Commission he has a conflict of schedules tomorrow night and was going to turn the joint meeting over to Ty Brisgill, but Ty cannot attend, so Mr. Andrews said he will be there, but far a short time only. Keith Van Dine asked if there was any possibility of postponing the joint meeting and Chairman Andrews replied that a postponement was not advisable. Ty Brisgill, directing his question to Steve Simonson, asked if specifics had been requested on the septic system of the property where the Golla's want to place a mobile home in addition to the primary residence, and Steve Simonson said yes specifics had been requested several times. Mr. Brisgill said it bothered him that the Commission made a decision without getting that specific information. I;eith Van Dine said Ty Brisgill should have braught up these concerns during the discussion ::n the item before the decision was made. Ty Brisgill said some of the sidewalks in Woodland Oaks that are side by side are not level. Steve Simonsen said he has asked the Inspection Department to double check the sidewalks. Ty Brisgill said after all the trouble the Commission had gone to in trying to get some kind of controls on bandit signs along Jack Hays Boulevard, it all t~arned cut tc be spit in the wind because f: of the State Highway Department's decision and said maybe it was his fault for making such a big deal about controls on the signs. Sieve Simonson reassured Mr. Brisgill the State Highway Department's action was a surprise to everyone. Keith Van Dine pointed out the developers know the City is concerned. Chairman Andrews said it had also bothered him about Mrs. Golla because there was nothing the Commission did tonight that could not have been done at the last meeting and the item would not have had to been tabled. Randy Grossman said at least Mrs. Golla knows the Commission mind and feelings if she comes up with her part. #9 ADJOIIRNMENT Chairman Andrews adjourned the meeting at 9:42 P.M. The next regularly scheduled meeting is November 10, 1987. -12-