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10-09-1990 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday-, October 9, 1990 at 7:00 P.NI. in the Municipal. Complex Conference Room, 1400 Schertz Parkcaa~~. Those present were as follows: PLANNING AND ZONItiG COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIR"1AN ,JERRY BETHKE JIM SHRIVER, VICE-CHAIRMAN KEITH VAN DINE, SECRETARY CITY STAFF MERWIN ?ti'ILLMAN GEORGE VICK STEI'E SIMONSO\, HARRY BALMAN ASST. CITY "IA\AGER GARY BRICKEN NOR'~iA ALTHOIISE KEN GREENWALD, COL'\CILPERSON RECORDING SECRETARY #1 CALL TO ORDER Chairman. Andrews called the meeting to crder at 7:00 P.~~I. #2 APPROVAL OF MINUTES: Regular Session September ?5, 1990 Merwin Ldillman made a mction to approve the minutes for the regular session September 25, 1990. Keith Van Dine 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 MAKE RECOMMENDATION: A. Reappointment of Those Members Whose Terms Expire (M. Willman, G. Vick, G. Bricken, K. Van Dine) B. Election of Officers A. Reappointment of Those Members Whose Terms Expire tM. Willman, G. Vick, G. Bricken, K. Van Dine) Chairman Andrews asked those members whose terms expire if they wish to be reappointed and they all answered yes. Harry Bauman made a motion to recommend City Council approve the reappointment of Merwin Willman, George Vick, Gary Bricken and Keith Van Dine for a two year term. Jim Shriven seconded the motion and the vote was unanimous in favor. Motion carried. Merwin Willman commented he would like to see City Council get these recommendations for their workshop tomorrow night. B. Election of Officers The Chairman, Vice-Chairman and Secretary were all in favor of continuing to hold their current positions if it caas agreeable to the Commission. No one objected or made any other nominations. Merwin Gillman made a motion to recommend City Council approve Bob Andrews as Chairman, Jim Shriver as Vice-Chairman and Keith Van Dine as Secretary for the Commission. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Selection of Historian for the Planning ancA Zoning Commission. Chairman Andrews explained briefly that the Historian is the person who makes an annual report to City Council_ on the activities and accomplishments of the Commission during the year and lists it`s gcals fcr the coming year. Mr. Andrews then asked for any volunteers. Merwin ~v'illman volunteered to be Historian and the Commission ~,,=as unanimous in it`s approval. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion on Annual Report to City Council Jim Shriver had completed the annual report and copies were included in the Commissioners` packages for their review. Steve Simonson referred to page 5, item t. which has to do with a request from Diamond Shamrock, IH 35/Jack Hays Boulevard, for two variances to the Sign Ordinance. One request was for a height of 75' on~sign C instead of the authorized 50' and the other request was for three signs instead of the authorized two. Mr. Simonson questioned if it shouldn't be mentioned that the 75' height was granted, but only two signs were authorized. After a brief discussion, the Commission agreed. Councilperson Greenwald referred to page 8, item b., under plans for next year, which said the Commission would review, complete and make recommendations on the City Comprehensive Plan. =,Mr. Greenwald asked Chairman Andrews if he thinks they will ~fave enough information to complete the plan. Mr. Andrews indicated he would certainly like to give it a try. Merwin Willman wondered if the Commission wants to include review of the Mobile Home Ordinance under plans for next year. After a brief discussion, the Commission agreed to include it. George Vick suggested that the report read "Goals for 1990-91" instead of "Plans for next year" and the Commission agreed. -2- - Among other items discussed were the correction of the spelling of a fey, names and the correction of the date on page item 4, referring to last year's APA Conference w1_-,ere i.t said October 4th through 7th, 1990 and should have been 199. Merwin G~'illman made a motion tt: approve the Annual Report, as amended, and forc,-ard it to City Council. Keith Van Dine seconded the r.~oticn and the vote ~~as unanimous in favor. Motion carried. Steve Simonson noted that Jim Shriner had done a very good job on the Annual Report in the short time he had to do it. n7 CONSIDER AND MAKE RECOMMENDATION: Proposed Amendment to Sign Ordinance Establishing a "Railroad Right- of-[aay District" Chairman Andrews asked Merwin [nillrlan, who had written the proposed amendment, if he is establishing a district for Railroad Right-of-6~ay similar t:; 'she way an Overlay District on Jack Hays Boulevard and Schertz Park~.aay was established. Mr. C~1illman replied that is correct and also mentioned the Main Street Special Sign District. George Vick inquired if the right-of-way _s railroad property and if so, can the City write an ordinance controlling signs on it. Steve Simonson replied yes to both questions. Chairman Andrews asked for questions, comments, suggestions and recommendations. Steve Simonson suggested, so as not to surprise any businesses, that this proposed amendment be reviewed by those who caill be effected. Mr. Simonson further stated he thinks they should make an effort to get some feedback. Chairman Andrews observed there Rare not that many businesses on FM 78 from Dietz Creek to Cibolo Creek and recommended sending each of them a letter saying a draft of the amendment is available at the Municipal Complex for their review and then giving them a deadline in which to respond. Gary Bricken expressed the opinion that the size allotment for signs is too small - 40 square feet is not big enough to be semen. Mr. Bricken asked why 40 square feet was chosen as the maximum size for a sign since that is only slightly larger than a piece of plywood. Merwin Willman responded by saying the Sycamore Creek Apartment . sign, already located in the right-of-way, is 40 square feet ,and he feels that is an appropriate size sign. Harry Bauman offered the idea of allowing no signs because they look tacky. -3-. Chairman Andrews related that the speed limit along FM 78, in that particular area, is Dilly 30 to 4Q mph and you really don't need a tremendous sign to be able to see it. r1r. Andrews also mentioned page 3, paragraph 9d. which reads: 9d. Removal of Signs From District 9d.(1) All permits for signs placed in this district after the effective date of this Ordinance shall contain a statement, signed by the owner and/or advertiser of the sign, that the sign will be removed when reconstruction of FM 78 begins. 9d.(2) All owners and,~or advertisers of signs presently in this district caill sign the following statement to the effect that the sign will be removed when reconstruction of FM 78 begins, at no expense to the City: "I riave read Section 9, Railroad Rig11t-cf-tv'ay Sign District Ordinance (insert number) dated (insert date) cf the City of Schertz, and I understand that when construction on F~1 78 begins, I will remove or have removed my sign at no cost to the City of Schertz." ~1r. Andrews commented the people effected will need to know this information prior to the ordinance being enacted. There was discussion on the time period of 5-10 years, the estimated time it will be before FM 78 is widened, ar~d Harry Bauman asked why these signs have to be removed only before reconstruction cf FM 78 begins, why can`t we give them just one year. •Chairman Andrews advised that amortization on the signs has to be taken into consideration and Merwin Willman noted there's a federal law regarding reimbursement for billboards and some of the signs along this area could be classified as billboards. Chairman Andrews suggested including an excerpt of section 9d with the letter to the businesses. To this Steve Simonson requested time to check on the number of businesses saying he may want to send them the whole ordinance. Keith Van Dine asked if some of those who have signs up pay a fee to the railroad Iine and Steve Simonson replied yes they do. Chairman Andrews commented on the paragraph allowing no signs in this district to be illuminated in any way and expressed the opinion he doesn't think that will fly. Mr. Andrews also remarked on the paragraph requiring 200 feet between signs saying it eliminates congestion. Chairman Andrews then asked if this proposed amendment had been reviewed by the Inspection Department. Steve Simonson replied it _4_ has not and Mr. Andrews requested copies be given to Inspection ''and sent to al l businesses on 1=M ?O . i~1r . Andrecas also suggested tabling this item for ~0 dad=s until the regular meeting of November 13. Gary Bricken caondered if Southern racific should be sent a copy since they may be effected because. they get fees from some people. Steve Simonson advised ~1r. Bricken he will contact Southern Pacifi:.. Keith ~'an Dine, acting when a Slgn is in a state of disrepair, the business has been sold, and a ne4v business wants to replace it, mentioned the passibility of disallowing the new business to do so thereby reducing the number of signs by attrition. Mr. Van Dine asked if the Commission can legally do this. Chairman Andrews said, in his opinion, if the signs fall within 200 f eat of each other, there's a problem. If however, the signs fall outside of the 200 feet, there should be no problem. Mr. Andrews further stated that according to the Sign Ordinance, if a sign reaches a certain point cf deterioration, the owner is sent a letter and if he doesn`t tear down the sign, then the City does and charges him far it. The consensus of the ComCIl1SS10?~i was to table Item T7 until the meeting of November 13, 1990. #8 CONSIDER AND MAKE RECOMMENDATION: Review of Zoning Ordinance tArticle XX, Section 3 through Article XXIII) Merwin t~'illman referred tc Article XX, Section 3.1, para 2 where it mentions Table IV of the AICLZ and asked if this should be included in the Appendix to the Ordinance. Steve Simonson answered by saying, in his opinion, people should have to come in and ask to see it because it is fairly complicated and they~re probably going to have to have someone eXplain it to them. The Commission agreed with Mr. Simonson. Jim Shriver suggested a revision of the last paragraph under Article XX, Section 3 which currently reads: "(C) Developers/Builders of Subdivisions. The above statement prepared by the Building Official will be completed and signed at the time construction plans are approved. The Builder of residential dwellings will not only sign the statement that he is ..aware of the noise zone level and the insulation requirement to meet minimum noise reduction level, the statement will include a statement that he will inform the buyer of the home of the area noise level and whether the home meets the minimum ~-noise reduction level." -5- Mr. Shriver's suggestion is as follows: (r_) Developers !Builders of Subdivisions. The above statement prepared by the Building Official will be completed and signed at the time construction plans are approved. The Builder of residential dwellings will sign the statement indicating he is aware of the noise zone level and the insulation requirement to meet minimum n:;ise reduction level. He will also include a statement that he will inform the buyer of the home of the area noise level and whether the home meets the minimum noise reduction level. The Commission agreed with this revision. Jim Shrives asl~ed exactly what is being said in the paragraph c,~hich states signs painted directly on the exterior surface of a caall shall not be permitted unless the legend of such sign is either recessed into or raised from the wall. (Article XX, Section 4.3, pares (c)3.) Steve Simonson replied what they are saying is it can't be just something painted on the building, it has to be a sign so it looks more permanent. In Article XX, Section 4.3, Para (e)1?., Jirn Shriven noted that both references to Jack Ha~-s Boulevard should be changed to read Schertz Parkway. Also in that same paragraph, where it says the restrictions also apply to garage yard sale, political and charitable signs, Jim Shrives suggested deleting "garage/yard sale" since the City has a new garage sale ordinance. Jerry Bethke, a citizen present at the meeting, wanted to know if he could ask a question. Chairman Andrews told him to go ahead. Mr. Bethke, referring to the Commission's discussion on garage/yard sales, asked what the distinction is between a garage sale and a bazaar. Chairman Andrews explained a garage sale is an event held by an individual and a bazaar is a function put on by an organization. Jerry Bethke then asked if the word "bazaar" shouldn't be included in the ordinance. After a brief discussion, the Commission agreed to delete "garage/yard sale" from this paragraph. Jim Shrives then referred to Article XX, Section 4.4 where it says nonconforming users within the District will be identified within 180 days after the effective date by the Planning and Zoning Commission and/or the City Building Official. Mr. Shrives wanted to know what happens if we don't identify them within the 180 days. After discussion on this matter, the Commission agreed to delete "within 180 days after the effective date" .from this paragraph. _ It was also requested "within 180 days after the effective date" =6- be deleted from Article ~X, Section 2.4 under Special Overlay District. Jach Hays Bcu]evard. Moving on tc Article XkII, Section 1, Para 2, which ends with the werd "space;", Jim Shriver suggested adding the word "and" after "space;" before going on to pax-a T11e Commission agreed. 6ti~hen the Commissicn got to Article XXII, Section Off-Street Parking and Loading Requirements, Steve Simonson suggested they wait to discuss this Section until it can be researched to see if the figures are current. Mr. Simonson continued en saying he will give it tc the Inspection Department for them to check out and should be able to have it back for the next meeting. The Commissicn agreed this t;as d good idea. Merwin Millman referred to Article XXIII, Section 2.?.?, para 5 which reads: "A petition for change to a setback requirement grid/or another requirement for property currentli- zoned may be recommended for public hearing if any of the following conditions are met: (Ord. 89-5-28, Sept. 19, 1989) a. If the ap~licant cannot. mal1e a reasonable use of the property cr earn a reasonable return clithout the requested amendment. b, The requested amendment is peculiar to the property. c. The request is not a condition caused by the applicant, d. The health, safety and welfare of the neighborhood and./or City will not be effected by the requested change." Mr. Willman remarked if this particular paragraph is going to be included in the ordinance, it should be under the Board of Adjustment and not under Amendments. Mr. Willman suggested deleting the paragraph. The Commission agreed. At this time there was some discussion about Article XXIII, Section 4.1, para a. of the Ordinance where it refers to specific things that must be done by the Secretary, meaning the Planning and Zoning Secretary, and Jim Shriver asked if it's really the Secretary that does them or is it a member of the City staff. It was explained to Mr. Shriver that, due to circumstances, the Assistant City Manager/Planning Coordinator and/or the Recording Secretary carry out some of those tasks specified in the. Ordinance as being assigned to the Secretary of the Planning and Zoning Commission. Article XXIII, Section 3.3 reads as follows: "Time Limitations: If a petition for a rezoning is denied by either the Planning and Zoning Commission or the City Council, another petition for reclassification of the same property or any - portion thereof shall not be filed within twelve months from the date of denial." _7_ Chairman Andreas questioned if the Commission wants to leave this paragraph in the Ordinance. Mr. Andrews taent cn tc explain that he had heard someone at the APA Conference talk about this particular thing and how they feel it is a mistake on the part of . cities to enforce such a restriction. Mr. And.rec,°s said it doesn't give them any latitude in case an error in judgment. has been made that they would like to correct. Harry Bauman asked what the reason c,-as, in the first place, for the 12 month time frame. Steve Simonsen replied it was to prevent people from reapplying c,-ith the same request. Gary Bricken commented it seems like a one-way street. Mr. Bricken further stated sometimes a developer may sit cn a particular project for a ~,-bile, but it seems unfair tc ask him to wait for a year when he may have som`ttzing better to offer under a different zoning classification. Steve Simonson observed if the time frame Caere shortened, it would make things more flexible. There was discussion about people making the same request over and ever even though it keeps being denied. To this, Gary Bricken rema.t-1•>ed that the businessman is not going tc waste his time asking for the same thing over and over. Steve Simonson informed the Commission he could run this paragraph by the lawyer giving him the Commission's concerns and asking for his input in writing. Gary Bricken's suggestion was to cut the time down to 90 days thereby allowing the City to take advantage of opportunities that may arise. Merwin Willman emphasized he thinks the Commission is misinterpreting this paragraph. The consensus cf the Commission was for Steve Simonson to run this paragraph by the lawyer for input. Jim Shriver asked if the Procedures Before City Council outlined in Article XXIII, Section 4.2 are being followed and Steve Simonson replied yes they are. Chairman Andrews requested Articles XXIV through XXIX be placed on the next agenda for the Commission's review. Mr. Andrews also requested Article XXII, Section 2 be placed on the agenda if the Inspection Department has had time to review it and return it to Steve Simonson. - -8- ~9 GENERAL DISCUSSIQN George Vick (a) Said he knew the Commission had sent Specific Use Permit request and S~:e^_ial Eacep Lion request fcrms t o City Council for approval, but he knew in their discussion of the fcrms they had men±:ioned using a control nw~~be,- as a means c:f tracking. Mr. Vick brought a form from the City of Bryan, Teas which he had obtained at the APA conference, and had copies made for the Com~iissioners because in the upper right hand corner of the form is a bo_Y marked Pcr Office Use Only. Mr. Vick thought this was a good e~arlple of something that could he used by the City of Schertz cn their fcrrls. (b) ~:entioned that on the creek side of FM 1518 where all the tractors are located, in the Universal ETJ, there are a ~,vhale bunch of 55 gallon drums stashed away. Mr. Vick suggested maybe someone check on them. Harrv Bauman: (a) Asked if the City leas any control over the used furniture place on the Universal City side of the bridge and was informed they do net. Mer~,-in tCi l loran (a) doted that Leisure and Pleasure on Main Street, the pet place on FM 1518 and Cardinal Pet and Saddle on FM 78 have closed down and said it bothers him that so many business are leaving. Mr. t~tillman wondered if it's because of something with tY~e City or if it's because of economics. Steve Simonson assured Mr. Willman it is because of economics. Jim Shriver• (a) Asked Steve Simonson if he found anything out about the Stop signs at Wuest`s and Pacific Southwest Bank. Steve Simonson acknowledged they were put up, on private property, at the direction of City Council. Mr. Simonson stressed that even though the City put them up, they do not belong to the City. (b) Reminded the Commission this is Business Appreciation week- and there will be a Business Appreciation dinner at the VFW on Thursday evening and the Commission is invited. Those planning on attending should notify either Dolores Butler or Norma Althouse. Mr. Shriver related that the new video of Schertz, put together by the Economic Development Task Force, will be shown. -9- Steve Simonson: (a) Reported that tl~e APA conference teas better last year in Lubbock than it ~^-as this year in Fort ~ti'orth, especially in presenting topics of interest for those from small tc~~ms. tilt. Simonsen ebser~-ed that of small toc.~ns in Te_:as, Schertz has the most representation year after year. Mr. Simonsen also suggeste:l that Schertz try tc get something of interest tc small towns on the agenda of the conference in Corpus Christi nekt dear. (b) Stated them: caas something c.f interest at the conference as far as information on the RTC. Mr. Simonsen advised the Commission the RTC is a bureaucracy sot up to put itself out of .business, but the idea of bureaucracy one one land and putting itself cut of business cn the other do not go togetl~ier. Many banks that took over ether Banks and Savings and Leans are paid good management fees fro.a the RTC and cticuld go under without those fees. ~1r. Simonson commented there needs to be some political pressure somewhere to get them to release land. Steve Simonson then mentioned that another clinker has been thrown into the process - every piece of land that is sold must now have an EPA statement on it. Gary Bricken asked wl-~y an EPA statement is considered a clinker. Chairman Andrews replied because every owner, including past owners, of the property are liable. Gary Bricken once again questioned why this is considex-ed as something negative. Steve Simonson answered this by saying it is just another cog in the process. Gary Bricken then pointed cut that some EPA statements are extremely thick, but they're not around this area and it's a big advantage to have an EPA statement. Mr. Bricken said he had a client from New Jersey take a 15 year lease on his property because he could provide him with an EPA statement. Mr. Bricken continued on saying most bureaucrats can be worked with, you just have to find the right key. (c) On October 23rd, the San Antonio Chapter of the APA is sponsoring a program which will be held at the Randolph Air Force Base NCO Club. They would like for Schertz to make a'15 minute presentation. Councilperson Ken Greenwald: (a) Commented it looks as if the widening of Jack Hays Blvd. may not come about until 1992: -10- Chairman Andrews: (._i) Remarl~ed he c,;as glad he went to the APA conference - it reassured hire Schertz is on the right track in where they`re headed for the future. 10 ADJO[JRNMENT Chairman. An:~rectis adjourned the meeting at 8:45 P.M. The ne_~t regularly scheduled sleeting is Or_.tober , 1990. -11- ,