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09-10-1991 PLANNING AND ZONING MINUTES The Planning and Zoning Commission convened in a regular session on Tuesday, September 10, 1991 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING AND ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN THOMAS A. NELSON JTM SHRIVER, VICE-CHAIRMAN LUPE DEL TORO, KEITH VAN DINE, SECRETARY QUALITY ALUMINUM MERWIN WILLMAN CAROLYN DEL TORO GEORGE VICK GARY-BRICKEN CITY STAFF BOBBIE VONADA COUNCILPERSON KEN GREENWALD STEVE SIMONSON, ASST. CITY MANAGER JOHN BIERSCHWALE, WATER/WASTEWATER SUPT. NORMA ALTHOUSE, RECORDING SECRETARY #1 CALL TO ORDER Chairmar. Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session August 27, 19.91 Merwin Willman made a motion to approve the minutes for .the regular session August 27, 1991. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPUT OTAER THAN AGENDA ITEMS There was none. #4 CONSIDER AND MAKE RECOMMENDATION: Request From Thomas A. Nelson, 503 Aero Ave., for a 4' Side Yard Setback Exception to the Requirements of the Zoning Ordinance Thomas A. Nelson was at the meeting to represent this request. Mr. Nelson informed the Commission his garage is 4' from the. property line and the carport he plans to build will be in line with the garage. Chairman Andrews questioned Thomas Nelson about the little building in front of his garage and Mr. Nelson indicated that is. a temporary building. . Chairman Andrews then asked Thomas Nelson if the carport will be tied into the house and Mr. Nelson said no, it will be a freestanding structure. Chairman Andrews thanked Thomas Nelson for coming to Planning and Zoning with his request before the fact rather than after. Since no one voiced any objections, Merwin Willman made a motion to forward the request from Thomas A. Nelson, 503 Aero, for a 4` side yard setback variance to the City Council for their consideration and possible scheduling of a Boaxd of Adjustment hearing. Gary Bricken seconded the motion and the vote was as follows: AYES: B. Andrews, J. Shriver, K. Van Dine, M. Willman, G. Bricken, B. Vonada NAYS: None ABSTENTIONS: G. Vick Motion carried. After the vote, Thomas .Nelson asked Steve Simonson if he had any idea of when the date would be for the Board of Adjustment Hearing. Mr. ~ Simonson told Thomas Nelson he would send him a - letter with all the details. Lupe Del Toro of Quaity Aluminum and his wife, Carolyn, were at the meeting and there was a brief discussion on setback requirements and also on builders who put up carports on weekends .without obtaining a permit from the City. Mr. Dei Toro commented they try to comply with all City regulations when erecting carports and he feels the .Inspection. Department puts extra pressure on them and makes them do a lot of extra things. Steve Simonson advised Mr. Del Toro that if he feels that .way, to call him anytime with specifics and he will check on the inspectors to make sure they're doing their jobs correctly. Carolyn Del Toro asked what happens to those builders/contractors who don`t obtain permits and also those who are not licensed. Steve Simonson explained that those who do not get permits are charged double fees and if they continue to operate without getting permits first, then the City has the option of revoking their bond so they can no longer operate in the City. As for those who are not licensed, Mr. Simonsen said work is stopped until they get their license and if they do no t. get one, then they can`t finish the job. -2- #5 CONSIDER AND MAKE RECOMMENDATION: Annual Review of Capital Recovery Fee Ordinance John Bierschwale, Water/Wastewater Superintendent, wa.s at the meeting to brief the Commission on this Ordinance. Mr. Bierschwale started by expounding on current Water Improvement Plan projects: (a) New water lines from Aztec Lane to Trainer Hale Road at a cost of approximately $170,'000. This project is being paid for by Randolph AFB since they will be supplied water from the City of Schertz. (b) New water lines in Schirmerville area. City received $75,000 from a grant, $50,000 - $60,000 in direct cash will be used, and $110,000 - $120,000 worth of inter-department support will be provided by the Schertz Water Department. Mr. Bierschwale related that the only undertaking projected for this year was the acquisition of one acre of land near the Bluebonnet Palace for Water Well #5: The City has made an offer to the .family who owns the property and is waiting for their reply. Mr. Bierschwale stated it is projected for next year to put in. 12" water lines from Trainer Hale Road to Lower-Seguin. Road. Mr. Bierschwale indicated the Water Dept. has saved the Capital Recovery Fee fund approximately $246,000 this year. John. Bierschwale then moved onto Wastewater Improvement Plan projects and informed the Commission bids have been let out on the New Braunfels project. The City will run lines from the beginning of our ETJ to the Schertz City limits. Mr. .Bierschwale commented some of the developers have decided they want to go ahead and develop their property. Mr. Bierschwale then briefly covered future wastewater improvement plan projects for upcoming years such as the Mobile Villa outfall line and the Live Oak Hills outfall line. After finishing his briefing, John Bierschwale recommended there be no changes. to the current Capital Recovery Fees. Mr. Bierschwale insisted they need to remain the. same in order for Schertz to be competitive with surrounding cities. Mr. Bierschwale informed the Commission they will receive an up-to-date report when he briefs them in February of 1992 and it will show the complete program. , -3- Merwin Willman suggested giving all the details of this briefing to City Council and EDTF and Steve Simonson thought that was a good idea. Chairman Andrews, mentioning that under the Capital Recovery Fee Law if you find you are charging fees that are too high you are required to make refunds, asked John Bierschwale if the City is on track so they will not have to do a lat of refunding. John Bierschwale responded to this by saying .yes, the City is on track. They .monitor very carefully and if a warning signal should arise, the Commission would be notified immediately. -Keith Van Dine asked if Schertz was in good shape and San Antonio had a water crunch, could the Federal government force Schertz to give water to them. John Bierschwale replied no, because we are both in the same aquifer district. Jim Shriver asked if a motel were to build along Schertz Parkway, who pays. for the sewer lines and John Bierschwale replied the developer. Keith Van Dine asked if sewer lines come into an area not previously served by sewer, is a person required to tie into it. John Bierschwale replied yes, if your property is within 300' of the sewer line. This concluded ~Tohn Bierschwale's briefing and the Commission thanked him for his time. #6 CONSIDER AND MAKE RECOMMENDATION: Discussion of Rear Yard Setback Requirements Steve Simonson had provided the Commission with portions of plats showing the three most prominent subdivision-areas in the City, and said accessory buildings and their relationship to rear yard easements/property lines pose several interesting questions: (1) _ Why is three feet from the back fence as close as anyone can build an accessory building regardless of the difference in subdivisions? (2) Why is three feet a number used to specify the distance for the rear yard setback? Mr. Simonson gave the following examples: (a) In Aviation Heights, the fence line is the property line (there is an alley/City ROW behind); (b) In Westland, Val Verde and Parkland Village, it`s an easement, not an alley, and the property line, technically, is 8' past the fence line; and (c) In Woodland Oaks, all the easement for two properties is in one yard. -4- Mr. Simonson pointed out that property line doesn't always mean the same thing and he is asking for the Commission's input on this. Several reasons were offered with Merwin Willman saying the clue here is three feet from the common property line. After a brief discussion in which Merwin Willman remarked he had written something up on this but didn`t have it with him, Chairman Andrews requested this item be tabled and placed on the next agenda. Bobbie Vonada made a motion to table Item.#6 CONSIDER AND MAKE RECOMMENDATION: Discussion of Rear Yard.. Setback Requirements until the next regularly scheduled meeting. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. Steve Simonson requested that the Commissioners hold onto their plats for the next meeting. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion of Annual Report to City Council Merwin Willman, who is in .charge of writing the Annual. Report this year, expressed some doubts about whether anyone ever reads it and said it seems to be a fruitless endeavor. Jim Shriver pointed out it has historical value. Chairman Andrews mentioned that it shows what the Commission has done this past year, where they are having their problems, and includes their goals for next year. Mr. Andrews went on to say that if it's not necessary to have it, then they should take a look at the ordinance, becaue it is required by ordinance. George Vick suggesting putting a paragraph at the end of the report asking City Council if they still desire this information.' The goals listed for the past year were reviewed and discussed and Chairman Andrews requested that the review of these goals be placed on the next agenda.. Mr. Andrews advised that anyone who has a goal for the coming year, which they want included+in the Annual Report, get in contact with Merwin Willman. CONSIDER AND MAKE RECOMMENDATION: Updating of Comprehensive Plan At this time Steve Simonson distributed binders to the Commissioners for them to use in organizing all the information they have received to date on the Comprehensive Plan. -5- Steve. Simonson advised that. Victoria Ellis .will be at the September 24th meeting to present. the finalized information on all the rough figures she showed the Commission before. Mr. Simonson continued on, saying that after the APA Conference he will push on to provide the Commission with all the input they need to complete the Comprehensive Plan by the spring of 199?. Jim Shriver inquired if the Commission is going to hire Victoria Ellis again and Steve Simonson replied it depends on the budget, she could be hired through two full quarters. Keith Van Dine asked about the possibility of using some of the money available for the APA Conference to keep Ms. Ellis instead.' Steve Simonson replied they could do that if they wanted, but there should be enough. money available to keep her on. #9 GENERAL DISCUSSION George Vick• (a) Mentioned to Steve Simonson that the Commission used to receive flow charts and asked why:they haven't received one lately. Steve Simonson told Mr. Vick there haven't been any :^ajor _ projects except for those of the Water Department. The acquisition. of ROW from Southern Pacific Railroad is still in negotiation and the two major holdups to the widening of Jack Hays Blvd. are funding and the .fact that the one piece of ROW in Cibolo has not yet been purchased by Cibolo. Keith Van Dine: ta) Reported that the people in the Schirmerville area support the tax increase. (b) Mentioned again that Pfeil Road is getting worse everyday. Steve Simonson told Mr. Van Dine he would get some information on road repair schedules to him by the next meeting. tc) Related that quite a few mobile homes are going up in his area. Some are not skirted and others have weeds growing up around them. Is there anything that can be done? Steve Simonson asked where the mobile homes are located and Keith Van Dine replied on Ware-Seguin-: Mr. Simonson said he will send the inspectors out to check. on the situation. -6- Bobbie Vonada: (a) Referring to the request this evening from Mr. Nelson at 503 Aero, commented she had driven by his house and to her it looked like his small building is right smack on the fence. Chairman Andrews told Ms. Vonada that if she ever has a question about something on the agenda, to stop and knock on the door of the person involved, tell them she's on the Planning and Zoning Commission and ask them any questions she may have. Mr. Andrews said he has done it on more than one occasion. Merwin Willman: (a) Asked if Corbett Junior High has ever done anything about the drainage on their parking lot. Steve Simonson said it has not gone through the final inspection yet, but he will check on it. (b) Noted the. request form turned in by Mr. Nelson and said, it does not give .the Commission the location or zoning of the property and it also doesn't specify the exact variance he wants. Mr. Willman stressed the City needs to be more careful in getting all the proper information. (c) Mentioned that the Site Plan Check List form the1 received .in their packages is a corrected copy. (d) Mentioned that the Commission needs to taltie a look at the zoning along Jack Hays Blvd. and determine if it is the best use for the land. Chairman Andrews requested that land use along Jack Hays Blvd. be placed on the agenda of the next meeting. Jim Shriver• (a) Remarked on an article in the current APA .magazine on consultant fees and said he found it very interesting. (b) Indicated he has space for four passengers going to the APA Conference in Corpus Christi. Said he will be leaving at noon on Wednesday, but. will not be returning on Friday. (c) Reported he had talked to someone at the Herald Newspaper and they .guaranteed him space for a reply on the survey results. (d) Asked why the door to the Conference Room can't be closed and Chairman Andrews replied because of the Open Meetings Law. (e) Inquired if anyone had ever thought of a status board fer posting projects underway - that Hay they could be reviewed every two weeks. The Commission thought it was a good idea. -7- Councilperson Ken Greenwald: ta) Noted that City Councir~concurred with the Commission on scheduling public hearings for the annexation of Beck Concrete and also for the proposed change to the. Zoning Ordinance regarding manufactured housing. tb) Acknowledged that the last few budget sessions were not fun. The current proposed tax rate is .3839. (c) Referred to some of the discussion the Commission has had about storm water tax being a reality of the future and said he received a bill last Friday for storm water tax on a property. he owns in Florida. Bobbie Vonada asked how they can tax storm water runoff. Chairman Andrews answered because we, as a City, will have to collect, process and treat storm water runoff. Steve Simonson added that 800 of the pollution comes from our lawns, streets and farms. Steve Simonson: ta) Had given the Commission a chart he worked up and told them it was ar. historical view of the tax rate for the City of Schertz. . Gary Bricken asked Steve Simonon if had a corresponding list of housing prices to compare with the tax rate chart, but Mr. Simonson replied he did not. Chairman Andrews: (a) Reminded the Commission that on October 1st they get to select a new Chairman and Vice-Chairman. Steve Simonson: ta) Informed the Commission there is a gentleman interested in buying Rancho Vista Subdivision off FM 1103. The area is currently zoned PD, it was not rezoned after it was annexed. It is platted as an RV Park, but they have a mix there of RV's and mobile homes. What the gentleman wants to know is if he bought it, could they continue to use it as it is being used currently. Chairman Andrews pointed out there is no ordinance where RV's and mobile homes mix. The ordinance requires a 5 acre minimum for an RV park and a 10 acre minimum for a Mobile Home Park. Steve Simonson stated he is just b.ringiny this tc the Commission for their direction. -8- Gary Rricken commented it seems clear cut, the answer should be n0. Merwin Millman explained that according to the ordinance, they would have to bring it into compliance as an RV Park upon transfer of ownership and it would have to meet the City standards for an RV Park. #1Q ADJOURNMENT Chairman Andrews adjourned the meeting at 9:09 P.M. The next regularly scheduled meeting is September 24, 1991. -9-