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08-14-1990 PLANNING AND ZONING MINIITES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, August 14, 1990 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING CO"1MISSION OTHERS PRESENT - BOB ANDREWS, VICE-CHAIRMAN KENNETH MARBACH KEITH VAN DINE, SECRETARY MERWIN f+VILLMAN CITY STAFF GEORGE VICK JIM SHRIVER TOM DOVEY, HARRY BAUMAN TAX ASSESSOR./COLLECTOR KEN GREENWALD, COUNCILPERSON NORMA ALTHOUSE, RECORDING SECRETARY - 1 CALL TO ORDER Due to the resignation of Chairman Ty Brisgill, Vice-Chairman Bob Andrews called the meeting to order at 7:00 P.M. ~2 APPROVAL OF MINUTES: Public Hearing and Regular Session - July 24, 1990 '`J'im`°Shriver asked that on-`Page 9, Paragraph 8, the-word "VFW" be` ` changed to read "Vietnam Vet". Merwin Willman made a motion to approve the minutes, as amended, for the Public Hearing and Regular Session July 24, 1990. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. ~3 CITIZENS` INPUT OTHER THAN AGENDA ITEMS There was none. ~4 CONSIDER AND TARE APPROPRIATE ACTION: Kenneth A. Marbach, 320 Nell Deane, Request for Hearing Regarding Junked Vehicle Kenneth Marbach was at the meeting to represent this request. - Vice-Chairman Andrews reminded the Commission they had received, in their packets, information about Mr. Marbach's request. Mr. Andrews then asked for any Staff input, but there was none. Kenneth'Marbach told'the Commission he has a 1974 Datsun pick-up which he uses for deer hunting season. He takes it to the deer lease and leaves it there during the season and then brings it home when the season is over. Mr. Marbach further stated it is not approved for highway use, he tows it to the deer lease with am his truck. Mr. Marbach said he had contacted. the .Highway„ Department and was told that in order to tow this vehicle he does not need for it to be licensed or have an inspection sticker. Mr. Marbach continued on saying he considers the 1974 Datsun his recreational vehicle, the same as a boat, and would like permission to store it in his backyard. Mr. Marbach commented he uses the alley access and backs the vehicle into his yard (he has a gate). = Tom Dovey, sitting in for Steve Simonson, .asked Kenneth Marbach_..____. _ _ about the possibility of storing the vehicle at his parent's place at Bear Creek. - ~ Mr. Marbach said that would be very inconvenient as .far'as him being able to do any maintenance on the vehicle. Tom Dovey, then referring to Mr. Marbach's statement about the State Highway Department- telling him -in order to tow this vehicle he does not need for it to be licensed or have an inspection sticker, asked if he could furnish anything to the City in writing from the Highway Department confirming this. Kenneth Marbach replied he had spoken with an Officer Kennedy who had informed him it was okay not to have a license or inspection sticker for tcwing this vehicle as long as the lights are working. Mr. "Iarbach remarked the Commission can check on this information if"they wish to do so. There was a brief discussion about the fact that travel trailers and boats are required to be licensed, and some of the Commissioners seemed confused about why this G-ehicle is not required to be licensed. - Jim Shriver noted that regardless of all that, Kenneth Marbach`s vehicle is in violation of our ordinance and needs to be covered. Vice-Chairman Andrews wondered if the new amendment applies to - this situation. Keith Van Dine asked Kenneth Marbach if the vehicle will pass an inspection and Mr. Marbach replied it will not because the front windshield is cracked. ASerwin Tniillman commented this vehicle is in a different category - than any they've had before. Mr. Willman felt maybe this should be classified as a special .interest vehicle and possibly the Commission needs to take a loak at the ordinance in respect to: special interest ,vehicles. Harry Bauman asked Kenneth Marbach if he keeps the grass mowed around the vehicle and Mr. Marbach replied yes he does and he moves the vehicle every time he mows. - _ Mervin Willman indicated his belief that if a perscn with a special interest vehicle keeps it in the backyard that should be sufficient. Vice-Chairman Andrews asked. if the Commission accepts the consensus that this is a special interest vehicle, should it be screened from. public view. Mervin. Willman remarked he is beginning to wonder about screening, it can develop into quite a prcject. - Keith Van-Dine made a. motion to accept Kenneth Marbach's 1974 Datsun pick-up as a special interest vehicle as Iong as it remains in his backyard. Vice-Chairman Andrews repeated the motion and added the phrase "and is screened from public view". Jim Shriver seconded the motion as repeated by Mr._ Andrews and- the vote was unanimous in favor. Motion carried. Vice-Chairman Andrews told Kenneth Marbach he should be receiving a letter from the City verifying the Commission's decisison and also told Mr. Marbach his vehicle needs to be covered, for example, with a fitted car cover net just a tarp. Kenneth Marbach said he does not understand whey he should be required to cover his vehicle since it cannot be seen from the street. The Commissioners pointed out to Vice-Chairman Andrews that the requirement for a car cover was not included in the motion.. Mr. Marbach then asked exactly ~b~hat is meant by "screened from public view", does it apply to the street in front. Mr. Marbach was informed it does apply to the street in _f rant and was further told if he were to move his vehicle ,here it cannct be seen from a public right-of-way (Nell Deane), a cover will not be required. ~5 CONSIDER AND TAKE APPROPRIATE ACTION: Steve Young, 515 Aero, Request for Hearing Regarding Junked Vehicle (Tabled for 120 Days Effective April 10, 1990) Steve Young was not present at the meeting. George Vick commented the vehicle is no longer there and Mervin Willman said it has been in the garage ever since Steve Young's request was on the agenda in April. Vice-Chairman Andrews reported that Mr. Young has sold his house and will be moving, Keith Van Dine made a motion stating that as long as Steve Young's vehicle remains in the garage, no further action is _ necessary. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. -3- ~6 CONSIDER AND. TARE-APPROPRIATE ACTION: A. Review of Zoning Ordinance Regarding a Form for a Specific Use Permit Request and a Form for a Special Exception Request - B. Review of Form for a Variance Request to the Sign Ordinance A. Review of Zoning Ordinance Regarding a Form for a Specific Use Permit Request and a Form for a Special Exception Request - Vice-Chairman Andrews had designed some forms for a Specific Use Permit request and a Special Exception request and had them included in the Commission members' packets far their review. Mr. Andrews stated that it says in the Zoning Ordinance these forms will be provided by the City Secretary, but upon checking - with her it was discovered there are no forms. Mr. Andrews also observed that the Commission has gotten requests in the past for Specific IIse Permits and Special Exceptions, but not on any kind . of form - usually nothing but a letter from the individual making the request. Merwin Willman remarked that the forms are a gaod idea, but they should contain sufficient information for the Commissicn to make a decision. Referring to page 45 of the Zoning Ordinance under "Contents of Petition", Mr. Willman mentioned that the .form - _ should ~ `include a means - of 'identifying `"the individual ' and identifying what he wants. Merwin G~'illman also suggested the possibility of using one form for all changes, but making it complicated enough so the - individual w.on't just request it because its something nice to do, but will- take it seriously. Harry Bauman advised there will still be cases where you don't have enough information to make a decision. ~1r. Bauman also questioned who's going to make sure the individual fills out the form properly. Harry Bauman asked if these special exceptions can be both permanent and short time requests and Vice-Chairman Andrews replied that is correct. - There was a brief discussion on special exceptions versus variances and zoning changes. _ Vice-Chairman Andrews requested that the Commission members look the forms over between now and the next meeting and be prepared to make any suggested changes so the forms can be finalized for distribution. by the City. Keith Van Dine noted that if you make it too complicated, the individual may just go ahead and do whatever he wants to do without making a formal request. -4- Mr. Van Dine also suggested combining the two forms into one since the bottom sections require the same information and the individual could easily fill in at the top of the form whether he is requesting a Specific Lse Permit or a Special Exception. Mice-Chairman Andrews pointed out he had worked up two separate forms listing the Article and Section of the Zoning Ordinance which applies either to a Specific Lse Permit or a Special Exception because he feels the individual filling out the. farm should be aware of this and should read that particular part of the Zoning Ordinance for information about the requirements-for whichever request he is ^~aliing. B. Review of Farm for a Variance Request tc the Sign Ordinance _ Vice-Chairman Andrews briefly mentiened the form for a requested variance to the Sign Ordinance. Mr. Andrews said it is not being used by the City, but the form itself needs nc changes. Due to a misunderstanding on the part of the recording secretary, review of the Zoning Ordinance was not included under this item. Vice-Chairman Andrews requested it be included on the agenda of the next regularly scheduled meeting. Vice-Chairman Andre~4°s tabled Item uE until the next meeting. ~7 CONSIDER AND TAKE APPROPRIATE ACTION: Selection of Chairman _ - and/or Vise=Chairman"" for th.e_. Planning and Zoning Commission Vice-Chairman Andrec,-s mentioned the copy of Ty Brisgill's resignation the merlbers had received in their packets. Merwin Willman nominated Bob Andre~4s for Chairman and Keith Van Dine seconded the nomination. The vote was unanimous in favor. Jim Shriver nominated l~lerc,;in Willman for Vice-Chairman, but Mr. , Willman declined. Harry Bauman then nominated Jim Shriver for Vice-Chairman and Merwin Willman seconded the nomination. The vote was unanimous in favor. These recommendations will be forwarded to City Council for approval. Following the vote, there was discussion about needing another member. on the Commission to replace Ty Brisgill. The recording secretary. was asked to contact Earl Hartzog and Gary Bricken, both of whom were interviewed when the last opening arose, and see if they are still interested in serving. Vice-Chairman Andre~,~s advised that if they are still interested, put it on the next agenda and the Commission will choose a =5- r; replacement from these. The consensus of the Commission was that if either of these gentlemen is interested, they do not need to - be interviewed again. Mr. Andrews indicated the applicants will be welcome to attend the meeting. ~8 GENERAL DISCUSSION . George Vick: (a) At 601 Aviation it looks like they've closed in the garage and then put in a_carport flush up against the fence. _ Vice-Chairman Andreas requested that Tom Dovey ask the inspectors to check this out. Keith Van-Dine: (a) The roads are greatly improved in the Schirmerville area, especially Pfeil Road. Jim Shriver• (a) At a meeting he attended, heard the comment made tin reference to The Gardens Subdivision) that they couldn`t get anyone to come into the City to bid on the building of the roads. Some of the Commission members were of the opinion this may be ,because there's only one road,;:in The Gardens .Subdivision. Harry Bauman• (aI In regard to screening of vehicles, asked if the ordinance needs to be strengthened sc people ~.~on't just put up junk for fencing. George Vick informed Mr. Bauman there are other ordinances which cover fencing, so an individual can't just throw anything up and call it a fence. Merwin ~tiTillman: (a) Got a brochure in the mail for the Grand Opening of the new Diamond Shamrock. (b) Both the Zoning Bulletin and the Zoning Dews have interesting articles in them this time. (c) Should the City do some changing in the ordinance regarding special interest vehicles? (Vice-Chairman Andrews noted this is the first special interest vehicle -~~they have had, so he doesn't think that merits a change in the ordinance. Mr. Andrews did say, however,. if they continue to_ get more special interest . vehicles, then they should keep a possible change to the ordinance in mind.) -5- - (d) Has been thinking about people with antique vehicles and wondered if putting them in the back yard isn`t enough. Do they also need to be shielded? Councilperson Ken Greenwald: (a) Partially concurs with Mere,,=in t~'illman about keeping vehicles in the backyard, but pointed out that in some sections of Schertz, you don't have access for getting a vehicle into your backyard. , (b) Council is working on the budget. The public hearing on the tax rate is tentatively scheduled for Septa 11th and the public hearing on the budget is tentatively scheduled for Sept. 18th. Keith Van Dine asked if the City had sent flowers for Steve Simonson's mother who passed away August 8th. Norma Althouse informed Mr. Van Dine that Steve Simonson and his brother requested that in lieu of flowers, a donatian be made to the Animal Shelter since their mother loved animals so much. Vice-Chairman Andrews: (a) Trese attending the conference in Fort Worth got their confirmation for hotel room reservations. (b ) thTas .glad to see that the_ contractor .for the carport at 700 "'Mitchell had to pay a double fee for the building permit'snce he had failed to get it before building started. George Vick mentioned the fire hydrant at the corner of Randolph and Curtiss cohere trucks get water and said there must be a leak in the hydrant because water goes everyplace except in the truck. Tom Dovey said he will have the hater Department check it out. 9 ADJOIIRNMI;NT Vice-Chairman Andrews adjourned the meeting at 8:15 P.M. The next regularly scheduled meeting is August 28, 1990. -7-