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08-16-1988 ~....:..a.. . ~ ~ \ 1 5 3idYIlY3 LS21 s:: PLANNING AND ZONING MINDTES The Schertz Planning and Zoning Commission and City Council conducted a joint public hearing on Tuesday,. August 16, 1988 at 7:00 P.M. in the Municipal Complex Council Chambers, 1400 Schertz Parkway. Those present were as follows: PLANNING AND ZONING COMMISSION CITY COUNCIL BOB ANDREWS, CHAIRMAN MAYOR EARL SAWYER TY BRISGILL, VICE-CHAIRMAN COUNCILMANT EARL HARTZOG KEITH VAN DINE, SECRETARY COUNCILMAN HAL BALDWIN MERWIN WILLMAN COUNCILMAN RAY STANHOPE MARY MARSH COUNCILMAN ADOLPH AGUILAR JOE POTEMPA COUNCILMAN KEN GREENWALD MEMBERS ABSENT OTHERS PRESENT GEORGE VICK MARK VAL'GHAN JO MICHELLE GARCIA CITY STAL'I' MICHELLE SINGLETARY STEVE SIMONSON, CITY MANAGER JUNE KRAUSE, CITY SECRETARY MICHAEL SPAIN, CITY ATTORNEY NORMA ALTHOUSE, RECORDING, SECY. n #1 CALL TO ORDER Mayor Sawyer called the meeting to order at 7:00 P.M. Mayor Sawyer presented certificates from the state of Texas to Jo Michelle Garcia and Michelle Singletary, both lifeguards at the Schertz swimming pool, for being two cf the best in the Superguard's Contest. #2 PUBLIC BEARING: Specific Use Permit X88-1 To receive input from the public on a request by MediPure, Inc. for a Specific L'se Permit at 17051 IH-35 North. The Specific Use Permit would be for a facility that processes the incineration of infectious and biomedical waste. Mayor Sawyer turned the meeting over to Planning and Zoning Chairman Bcb Andrews. Mr. Andrews informed all present that MediPure, Inc, had withdrawn it's request for a Specific Use Permit sc there was no need for a public hearing. #3 GENERAL DISCOSSION There was none. #4 ADJOURNMENT OF PUBLIC HEARING Planning and Zoning Chairman Bob Andrews turned the meeting back over to Mayor Sawyer who adjourned the public hearing at 7:03 P.M. The Planning and Zoning Commission convened in a special session, after the adjournment of the public hearing, in the Municipal Complex Conference Room. #5 CALL TO ORDER Chairman Andrews called the meeting to order at 7:04 P.M. #6 CITIZENS' INPOT OTHER THAN AGENDA ITEMS There was none. #7 CONSIDER AND MAKE RECOMMENDATION: Specific Use Permit #88-1 Due to the withdraw of the request by MediPure, Inc. for a Specific Use Permit, this item was also withdrawn. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Vaughan Homes - Request for 10` Setback Variance (from 20' to 10') at 1504 Oak Tree Circle, Lot 19, Block 1; Greenshire Oaks Subdivision Chairman Andrews said the Commission could go ahead and discuss the request if they liked, even though Mark Vaughan had not arr~_ved yet, and he would try to answer their questions even though he could not represent Mark Vaughan. Ty Brisgill commented he had walked through Greenshire Oaks and noticed a lot of trees in the 16` easement behind Lct 19, but upon checking further realized that just the telephone and cable are in the 16` easement, the electric easement is in the front. Mr. Brisgill said another thing he had noticed is there are several big trees, and the one in the middle of where the driveway would be, will have to be cut down. Chairman Andrews told Ty Brisgill it is his understanding the driveway will fit between the two big trees. Ty Brisgill went on to say then that he has no problem with the variance request, but he had noticed that over the weekend Vaughan Homes had six bandit signs at their entrance. Mr. Brisgill pointed out that here they are requesting a variance when they don_`t even conform to the conditions of a previously granted request. Merwin Willman remarked that he has a different kind of problem. Mr. Willman said, in his opinion, the Commission is violating state law and the City' s own Zoning Ordinance in granting these -2- variances because any changes must go to a public hearing. Mr. Willman pointed out it is being called a variance, but it is a change to the Zoning Ordinance. Ty Brisgill asked Merwin Willman to explain why it is not a .variance and ncted that a variance gives the property owner relief from certain. provisions of an ordinance. Mr. Willman .referred to Chapter XXI of the Texas Municipal Law Handbook saying a variance is not to be used with the Zoning Ordinance, but it can be used with the Subdivision Ordinance. There was some discussicn on this with Mary Marsh saying Mark Vaughan`s request has ncthing to do with zoning - Greenshire Oaks is a subdivision. Mrs. Marsh went on to say she cannot believe the iaw is set up so that public hearings have to be held for requests such as setback variances. Joe Potempa asked if the Commissicn realized how many public hearings would have tc be held if they are required for every setback variance. Chairman Andrews said, in his opinion, Article 10.118 of the Vernon`s Statutes gives the Board cf Adjustment authority to grant exceptions and City Code 87-5-9 gives authority to the Planning and Zoning Commission to act as the Board of Adjustment. Merwi:~ Willman commented that, as he sees it, there are two actions: (1) the ones the Planning and Zoning Commissicn take such as creating new zoning districts, creating overlay districts, etc. and (2) the ones the Board of Adjustment take . such as when an individual asks for a deviation-from the Zoning Ordinance. Mary Marsh remarked that she sees the Board of Adjustment as an appeal process and Mark_ Vaughan is rot appealing, he is asking for a variance. Mrs. Marsh further stated the Commission needs to get a lawyers`s interpretation cf the law on this matter. Keith Van Dine said he can understand it being an appeal because Mark Vaughan is requesting an exception to an existing ordinance. Mary Marsh said the question needs to be settled one way or the other.. Mark Vaughan arrived at the meeting at 7:33 P.M. Chairman Andrews explained the situation to Mr. Vaughan. Merwin. Willman had gone- tc the Council Chambers to try and ccntact the City Attorney, but he had gone into executive session with the City Council. -3- Chairman Andrews diverted. temporarily to Item ##9, General Discussion, and asked. Merwin Willman if he would write up a draft for the annual report to City Council -since he had done such an outstanding job on this last year.. Mr. Willman agreed to this request. The discussion then reverted back to Mr-. Vaughan's request. Alsc brought out was the fact that at the previous meeting. Mark Vaughan had asked the Commission to consider allowing a second curb cut which would permit circular driveways in Greenshire Oaks. Merwin Willman commented that in the Code of Ordinances it says the curb cuts are controlled by City Council, and on Page 975 of the City Code it gives the City Manager the authority to make the"~` final decision on curb cuts. Merwin Willman said the Commission can continue on a case by case basis fcr curb cuts or they can establish a policy restricting second curb cuts to an R-1 district or lots with a certain amount of f rontage. Mary Marsh stated she thought they should continue on a case by case basis. Mrs. Marsh said the configuration of some lots makes a circular drive -very attractive whereas the configuration of other lots does not. Merwin Willman infcrmed the Commission that at the May 24, 1988 meeting the Commission had voted to consider seccnd curb cuts cn a case by case basis. At this time there was a five minute break. After the break, Chairman Andrews asked the Commissior. if anyone had objections to his staying arcund and getting a ruling frcm the City Attorney tonight on the question about variances, and then calling a special session if necessary. The Commissicn had no objections. Mr. Andrews said in legality it seemed to be about the best thing they could dc. Mark Vaughan had commented the gentleman, whose house is on Lot 19 where the variance is being requested, may just decide to go ahead and have them cut down the tree. Chairman Andrews told Mark Vaughan to go ahead with what he has to do, but he would let him know the results of the City Attorney's ruling. Chairman Andrews questioned whether or not the Commission could .make a motion contingent upon the City Attorney's ruling. . Mary Marsh commented that wculd eliminate a special .meeting..- Ty Brisgill said before a motion is made he would like to ask Mark Vaughan why they had six bandit signs at their Greenshire Oaks entrance last weekend. Mark Vaughan: responded he thought. _ -4- _ . ..,.u.........,,..asn.xxrsasau.iuu..:cx they. were allowed ten signs. Ty Brisgill then explained to Mr. Vaughan they were allowed two signs at .the entrance, one on each side, and then ten signs along Jack Hays Boulevard between FM 78 and IH-35. Joe Potempa made a motion to approve the request from Vaughan Homes for a 1Q' rear yard setback variance (from 20' to 10`) at 1504 Oak Tree Circle, Lot 19, Block 1, Greenshire Oaks Subdivision contingent upon the ruling frorl the City Attorney that the Planning and Zoning Commission has the authority to grant such a variance. Mary Marsh seconded the m.^tian and the vote was as follows: AYES: B. Andrews, M. Marsh, J. Potempa ~?AYS: T. Brisgill, K. Van Dine, M. Willman The vote being deadlocked, the motion failed to carry. Mary Marsh, asking if further discussion was in order after the vote, said she would just like to say briefly that the request might have come in for a subdivision ether than Greenshire Oaks, tfcr example Oak Forest) and may possibly have been disapproved because of the size .^f the lot, the number of trees, aesthetics, etc. A couple of the rnemb:~rs pointed cut they had voted tc disapprove „i the motion because of the contingency not necessarily because they disapprove of the requested variance. Merwin Willman passed cut to the Commission copies of the minutes of October 14, 1986 showing where Vaughan Homes had been given a previous variance for Greenshire Oaks. Mr. 6ti7illman said he thought it would be nice, if when a change is requested, the Commission knew if ether changes had been granted to the same person and/or subdivision. Keith Van Dine commented he thought it would be nice if the Commission were allowed to go into executive session rather than having to discuss whether or not something is legal in front of citizens. Merwin Willman said he also wished they could go into executive session, he has asked about it many times. Chairman Andrews informed the Commission they can gc into executive session, they just cannot make ar~y decision or ruling or take a vote an anything while in an executive session. Iseith Van Dine said it seems to him, that according to the law, the Planning and Zoning Commission has the authority to create an ordinance or zoning district, but net the- authority to do anything with it afterwards. -5- Ty Brisgill remarked, that to him, the ordinances are the law of the City- of Schertz and it bothers-him that only one, the Zoning Ordinance, is being picked out as the one more important than the others. ~9 GENERAL DISCUSSION: (Note: Need to discuss the preparation of the annual report to City Council.) The annual report had already been discussed and .there was no other general discussion. X10 ADJOURNMENT Chairman Andrews adjourned the mee~ing at 8:~? P.M. The next regularly scheduled meeting is August 23, 1988. -6-