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01-14-1992 PLANNING 7~,ND ZONING MINUTES .The Schertz Planning. and Zoning Commission convened in a regular session on Tuesday, January 14, 1992 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parl~way. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, ;CHAIRMAN J. ANTHONY PENA, ` JIM SHRIVER, 'VICE-CHAIRMAN RAYCO LTD. KEITH VAN DINE, SECRETARY PAUL BETHKE MERWIN WILLMAN SANDIE RUHMAN GEORGE ~~ICIi JERRY BETHKE GARY BRICKEN JERRY TILLMAN, BOBBIE VONADA TILLMAN & TILLMAN -KEN GREENWALD, COUNCILPERSON REP.LTY, INC. ED PIERSON -CITY STAFF VI PIEkSON C. MUNCH ~ STEVE" SIriONSON, AfiST:" CITY MGR. BETTY ANh? GyBLER NORMA ALTHOUSE, RECORllING SECY. JIM GIBLER #1 CALL TO OnDFR Chairman. Andrews called the meeting to order at 7:00 P.M. Mr. Andrews welcomed all the guests and asked them to please sign> in, _ #2 APPROVAL OF MINUTES: A. Regular Session December 10, 1991 B. Joint Public Hearing and Special Session December 17, 1991 A. Regular Session December 10, 1.997_ Jim Shriver asked that on Page E, under .;im Shri~-er: the word "her" in the second sentence be corrected to read "here". Jim Shriver then made a r~i^.tion to a~~pio~°e tiie rnir~<tes, as a:?~ended, for the regular sessi.c,n Drcem}~,•er 1L, 1131. G~=.:urge Vicl~~ seconded the r^otlon and t1_~~e vote ttia unanir:.u~i;~s ~ favor-. ~1c~tion carried. B. J:.ir;t PGb1.ic Hear' n ar S _ is 7. c .,sg. .':r _ _ , c; 1 Bcr~•.;i e VOn.-iC~Fi i:I<3:A._ ci ."~i:~ i~ir? .lj'~ ~ . ~ _ ' i.~ ~1•JT t: _ _ : C ^3,T7t ~j_'L~~~11C ~°:.IY!fig <?.I,:,a - C_.._.J ~3 ~ t ~ -,.~~i. . '~JE_' ~~.!.C?'_ ~r~COrl~~{=:~ t.,~)F'. 1'1•%j'-•.,, •„~!:a , _ !i . ~._~F.'~ ~r . _`ir: :LC l Carr1~:.~ . r=: CiTIZEtiS' I''~~~'liT OTi~ER THA'~ AGENDA ITEMS CONSIDER AND TAKE APPROPRIATE ACTION: Requr_st Pe-c;tr, Ra-,-::o Fi., _cc_,: u.~~_ r.n~; z~,.~ r iitrc? t~a_~ ..end i _:a ~'1•__t C::;nsiceratio{n of a Var_ait7.e and Replat :~f ~•~i'L.s Cl.nd. 2J 1n1, ~i L~t JJ, 1JI~~. 1~ ~r SZI~'er.- `~~~~z=: ~'ar:~. Sur:d.:i_visi_on, L'nit One (PC tt"171-~2i _ - l:':_'.ri:l ~ -.`-'~.~1i':"~:; 4dc1S clt t~`lc_' i.1 P_?t I ng t0 r epreSC-_'itt ~ __"i C :air:.:,~zn Arrr.~~as asked Steve Simonson for input. yfr. S_r.c;nsari in.~oi-r~er_'t the Cornr~cission that he, the City Inspector atsd th,~ .~ater:'t^:a.steti,,=ester Superintendent had reviewed the plat ~~::d .n:l n,_, problems rr cL~ecti ons to it. There are nc changes on th„ easements. ? Gecrge Vick asJ~ed tivhat the purpose of the replat is - to co~.lbine tuac lets tc build a bigger house? Tcry Pena replied that's basically the reason. The current easert~~_.~~:~ and setk;acks r.n tine Iots .ire prohibi:~ive to a 14rge hcuse. This particular house is more of a rectangular shape an~u 4Y 1.Li ii~~i~t i~:t 1. cit 29. George Vick r>lal->e a motion to approve the recuest from - Rayco ' ' ~iorlebuil-ding fcr preliminary and final p?at consideration of a vacate and replat cf Lots 28 and 29 into Lot 33, .Block 1, Silvertree Park Subdivision, Unit One. Bobbie Vonada~ seconded the notion and the vote was unanimous in favor. Mcticn Carrie'. ' Chairman Andreas advised Tony Pena he will receive a` letter front Steve Simonson officially notifying him of _the Cor:.lnlission's actions this evening. Tctly Pena thanked the Commission for their time and consideraticn. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Til.iman and Tillman Realty, Inc. far Preliminary and Final Plat Consideration a Vacate and Replat tto amend the lot line? oJ= Lots l2 and 13 into Lots 12A and i E31oc:~k 2, Greenshire Oaks St:,bclivision t PC }172-92 ? ,7:•: : L Irt<-~n :::f T_i 1. loran and Ti1.lrnan Realty was at the r;t~:~:~t i .1~;; t ~-e.prc-,scant. this r:~~tur st. _ i r,n„~; ~ucle;~~~~~ r.-<>r<<_t;-1~:c?cI }tc_~ J~ad r~ontactc~d Mex'win tib'_i_7.lrnan i:c . ri i t. t~ i ~ t, l t: w_it.h 11.i_M. M.r . Aruarec~s statecl i.h.at -2- r, rzan:~,. :c~ ~i., nJcs t;l:_Y carp .i_t~11 1 _'a ~ ~ v..tC;i.<~-_~'.y re~:l~Ltin'; 1 1~s, ' ~ ~ ~ a n~c,•~ >t.i, tR~ ~ City ~^F-s not present.- (~}-;at_-.~r`, _~.Us rh<>n aske,~i Sf-~~-e Simonson for input. ,t~-~-e ; ~1;,n~;cr~ ir~formcd t:`-~e Comr..lissi cn the engineering of the ; s ~f F,y .tad and the staff finds n~ problem with it s~~.._ _ _t ~s ~rli~.- a;l amendm:~nt. 'iP_rLe'1_i ;;L,1 ~1%lari questionecE the length of the bac'.~ lot Line askir:~ if ~-1=~ ~.,~_~~i.suremc-ant g;;es from pin to pin and if there bras a c'~..~n~, because of ground movement. Jerry- Tillman related that the outside Lines of the survey go from angle poi..t to angle point not from boundary line.. to bci,nda ry 1 ine , There ~~.-as some discussion on this with Jim Shriver asking how this error T^1aS discovered. Jerry Tillman replied .through, a curve;. Chairman r~ndrews o>served that Lot 12 is losing 5.72' to-the back anir: a•~inirg 1/10` on the side. Mr. Andrews alien.. questioned if where the privaclT fence is now is w~lere it_ iC shown on the ccrrected plat. Jerry Tillman replied yes and then also stated that...,the neighbor on Lot 13, Sandie Ruhman,:is in agreement with.£his' change. Otherwise there will be a problemwith ,i.he sprinkler , system and the landscaping. Chairman Andrews told Jerry Tillman he :recommends .the plat be amended so the lot numbers won`t be changed`: (;whiting out;12A'' and 13A and putting in 12 and 13) and where it says. "vacate . and replat" show "correction" instead and say. what correction was made. Steve Simonson asked Chairman Andrews if he and Keith- Van Dine wc;uld be willing to sign the plat tonight pending these. chan~~es cr would they require it be changed first. Mr. Andrews asked t?1at it be changed first. Chairman Andrews asked for a motion, but none was made at th1S tl.^lt?. Ga.r.~- F3r-i_c1<en asked if the Commission wouldn't be approving sorl~t.Jli_n,~ t-~1~>~~ Jl.:z:ln`t seen and Chairman Andx•ews commented he sc~_,s no problem - tie would mar{e sure all the appropriate cJl~:~rl:;~~~~ .lr~c.~ c:,rl the plat before h~ signs it. li Ci l.'\" .i L';~:'~~~'tt 'c3A1~?haS1Zt?d, 'taO6J i-?VC'_Y'., t];1cZt ht'_ (~.UeS Sei', a probl em• ~ { r . ~ . , i • 1 I i. i<t:: J'1 ' `i CtiJ l" l t; l_ 1"i g a b l a rl lc C h e C J~ . -3- At `=:i=: tir..~:~ Jerry 'I`i?.lman was asked by Steve Simonson to go ahear_' chan~~e the blueline plat as requested so the Commi ~si~n .^OLIId iOCii at it. and see the changes before the~~ make `'.Tir decisicr: on approval or disapproval , ~~hile ~ir_. Tillman made the changes the Commission took a short brew;{. Mr. Tillman made the following changes: (a) ~dhere the plat said "replatted lots" he put "amended lots." - (b) inhere the plat listed lots 12A and 13A he changed it to 12 and 13 ;instead. (c) 6^ihere there was a statement.. about vacating the plat cf Lots 12 and 13, Mr.`Tillman changed it to".day "Amending of Lots 12 and I3, Block 2,'Greenshire 0aks,`as recorded in Volume 5, Pages"66-A`= 66B of the Map` and. Plat Records of Guadalupe County_Texas, correcting; boundary., between Lcts 12 and 13,to `angle point-to angle point.. Showing distance of angle point 'to angle point Lot-12 to be 95 .32' . Angle `'--point "to ""angle 'poi'nt Lot -13 to be 98.71` . Distance of boundary 'line between Lots ~2 aid i3 to now show 139.18' deep." The blueline plat was :passed around so the Commission could read the changes for themselves and then initial; it showing their approval.. George Vick made a motion to approve the request_f_rom Tillman and Tillman Realty, Inc. for preliminary ?and final plat consideration of an amended plat (changed from a vacate and replat to an ;amended plat) as changed ahd submitted, by.Jerry Tillman this 'evening and initialed by' the Commissioners. Keith Van Dine seconded the motion-and the vote :was unanimous` in favor. .Motion carried. #6 CONSIDER AND MAKE RECOMMENDATION: ~lictoria Ellis, - Presentation of .Demographic Data: Chairman Andrews reported that Victoria Ellis' first class.of' the second semester is tonight and she felt_ she should attend, therefore, this item is being tabled until the meeting of January 2Sth. #7 CONSIDER AND MAKE RECOMMENDATION: Subdivision Plat Processing Checklist Merwia 6dillman had composed a checklist for subdivision .plats which had been distributed to the Commissioners in their par_kages. Chairman Andrews asl~ed if they had reviewed "the -4- Merc,;_n ~~Villman explained he had tried to take what is in, the crdirance an:l. put it in a checklist and alse list. the items we reed from the applicant. Mr. ttiillman had included a flow chart at the end of .the checklist ar~d George Vick commented that's where: he get cost. Mr. Vick noted that he disagrees with the last statement cn - the flow chart where it says the plat is recorded after' certain conditions have been. met. Mr. Vick pointed out those certain conditions should have been met before. the.~lat _ was approved and signed. Chairman Andrews, .commenting on the: two plats on the agEnda this evening, said we don't want to ccnsider`a preliminary and final action at the 'same-time again.' The Commission needs to go through the 'entire. process for both -the preliminary and the final plat.. Chairman Andrews" related that a. lot of things on the checklist can be done through staffing; S~teve`'Simonson `said -it's his understanding he" wil`1" su'amit his - - checkli_st to the Commission al-ready filled our.. and ;trey will' double check him. ..Gary Bricken said zt's;his understanc?inc~, then, that when .the Commission gets Steve Simonson's'checklist nothing will~`be :..;incomplete. Steve Simonson asked the Commissioners f_.on the preliminary.. plat, something is wrong or missing,_;do theywant.°him to send. it back or do they want 'to see it first. Keith -Van Dine remarked he'thnks Mr. 'Simonson':.should :use 'his `own discretion and`if he sees something needs'; to be-done;. sent `it back for correction' before it. comes o the Commission. . Steve Simonson advised he would Iike to submit a cover sheet with the checklist explaining any deviations.' Jim Shriver asked if the Commission should be aware' of ' whether or not a subdivision has,a Homeowners Association. Chairman Andrews answered that'the City 'should be aware if the Homeowners Association is providing recreation ;.such. as a pool because they need to :know how it is going to-; be maintained. Jim Shriver asked if the question about having a .Homeowners Association should be on the checklist. Gary Bricken asked why we would care. -5-, i 3 1 Cha~.r-~an ~ndr~~ws rr-_=plied because if the builder goes under the Ci~y caiii encl up having to take care of it. I There was discussion about whether a Homeowners Asscciation should be a separate item and Stzve Simonson admitted he does j rot ~~ant tc see a reference to it on any plat. Gary Bricken observed that if you ask if the question about having a Homeowners Association, then possibly sip other. questions would follow that should be asked. Merwin Ttiillman suggested adding just the words "Homeowners Asscciation" as g. under Item_9 - Items not required on ~ plat, but should be considered during the' review arid. discussion procedure. The commission agreed. .Keith Van Dine made a motion o approve the utilization of the subdivision >plat checklist, as amended. Gary Bricken seconded the motion and'the`vote was unanimous in favor. Motion carried. #8 GENERA_T, DLSCUSSIOr;", .M. - Geor~~ ~~ick- (a) Asked ..when he-Christmas.:decorations.:on ~'M 78 are coming , down and .was informed,;'by Stove Simonson as soon- as GVEC _`'has;` decent weather. and the't~me tc do it. tb) Gave accolades to the ..Street Department for repairing the Potholes in front of his-house. (c) Inquired about the status of the-.home occupation. beauty shop in Savannah :Square ;approved by. the Commission and asked if' the house had'beeri-.built yet. :Steve Simonson reported that there was 'a -dual `bid'~,'on: the. Lots being .held by >the RTC and as -soom.`as>final papers,aro signed, then things should get moving. Mr. Vick asked`if there sn't'a time limit from the date of its approval to the-date `a home occupation starts: Steve Simonson replied' it's 6 months, but the City .has .been a little lenient since the:RTC was holding things up sand it'was not the fault of the people who are buying the lot. Chairman Andrews reminded Steve Simonson there is an annual- inspection required on home occupations. Keith Van Dine: (a) Reported that Pfeil Road is' decaying. As a matter of fact there's some kind of utility line partially -in and partially out of the ground along one section of the road. Steve Simonson said he would. check it out. (b) tile~.tioned EYCel Cable and asked fcr some clarification - are tiZ~~_: going to put cable in Schirmerville? Counci?pers.n Ken Greenwald acknowledged the usual rule of thumb is there have to be an average of 40 families per mile, but Excel has agreed to look at every area of the City. Mr. Greenwald went on to remind .the .Commission it_will only be. feasible if they can get aII of'the cities in the Metrocom area. Gary Bricken: (a) Asked what causes dips in the streets around manhole covers and was informed by Steve Simonson it means'they were not ccmpacted properly.. (b) In:Iuired if there were any really terrible effects from the rain. Steve Simonson replied there were not and pointed aut hat in _.1987 the City had the ultimate flood study,done ~f the West Dietz Creek. Whenever there was heavy"r,a"infall, Elbel Road, a-lways flooded. George Barna"rd bought the Iund on Jack Havs Blvd: between the old 1Gndfill and FM 78; and was required tc, excavate it in order to `move the. channe"1 ,:and deepen and wic'.en it. T)~is'' time nothing flooded on `Elbe' Road .and nothing " ..backed up. - ~ . " (c) Observed that after all his dri~lir.g across sections. of the country last month,: 5chertz as a remarkable place -...it's -pretty. Some of .the towns and.,/o~ cities he saw while driving along are in very sad shape.' " 'Mr. Bricken went on ,to say that sometimes it may seem like:. he's aganst_progress, but ;really he isn't.. He~is, ho'caever,. `.against plastic cities. They ``don't all ,need to look al`ik~ . and have aI1 the -same businesses. They need to be more _ individualized so each. has it's own,perso,nality. Steve Simonson added that he thinks the Commission is doing a good job- along the line of trying to prevent- Schertz from becoming a so-called plastic city and he commended them for that effort. Merwin 69illman: (a) Mentioned the changes to, the Junk Vehicle Ordinance and said he noticed. they left out the part about` Planning and Zoning holding hearings, but yet when you go to the_. procedures, it mentions the hearings. Steve Simonson advised these changes were written. almost ver.-batim from those recommended by .the lawyer. They are. taking the meetings out of the Code, but keeping .them in the -7- proce~~:~r.-es i_n casc= we want to make any changes. ~lerwir Willman said he also noticed that, in regard to car ccvers, any variance needs the approval of City Ccuncil - he thought t?:at Baas once the responsibility cf the Commission. Councilperson fCen Greenwald related he thinks that has to de with the fact that only City Council can approve variances and this will meet the requirements of the Texas State law. Councilperson Ken Greenwald: (a) ?noted that the Commission received signed copies of fear amendments in their packages. (b) Advised that as far as Excel Cable is` concerned, they have to get X number of cities to agree,: and t~iey are looking' at two ;year time :frame.` However;' their fees.. would be" _ apprcximately half of :what Paragon currently charges. Chairman Andrewsasked if he understood correctly that they requested a franchise authorization and does ;that-mean' hey will be' payi:rg ; he City a franchises fee . tilcDonald ` s is a franchise ..'and he doesn`t e~Ter recall them asking for 'a franchise authorization. ' Mr. Greenwald answered by saying Excel Cable would spay the City' a franchise fee, but .:there is adifferencebetweenthe~n. and 'McDonald's. McDonald's is :considered a utility, they, don't`'`pay ;the City , a franchise fee. i Mr. Greenwald further stated Excel is a fiber csptic,system -which could .provide .other benefits to the City. One thing. Merwin Willman brought up and Mr Greenwald elaborated on, was the existing pay per view system ,offered-b~, Paragan.EXCeI is working'on asystem whereby you ~~could order the time,-and date when you want to watch a particular movie or video. (c) Said he had asked. Steve Simonson to have copies made`. ,for' everyone of the newspaper article tided "Judge to -consider costs after aquifer flow set".,because it is eery interesting reading. Schertz is a transporter and not, technically, part of the Edwards District. Depending on the judge's decision,` it could have some serious effects on everyone.,' Steve Simonson: (a) Informed the Cammission the Census Bureau has consented to a population figure for Schertz up from `10,555 to 10,59. What they have dane is denied ali our challenges"in Guadalupe County, but: allowed cur challenge in Bexar County. -8- tb) Advised that as soon as possible the Highway Department will scow the correct population on all the signs. tr_? Etpressed the hope that some of the Commissioners had r~~>ad his article tattached to his notes for the meeting) about Schertz Parkway. Mr. Simonson commen`ed he considers General Business zoning inappropriate and would like to; see it changed back to R-2. He doesn`t want to see businesses along Schertz Parkway with-sheet metal buildings and sitting or_ly five feet back from the road . Mr. Simonson said he doesn`t expect any decisions tonight, but it should be reviewed...- Jim Shriver admitted that-what Steve Simonson said makes sense. George Vick asked .what they-.need to, do. h1r . Simonson, noted ,it would re~,uire .the same procedures ay any .public. hearing. -.Gary 3rickez~, referring to '-:he o~her zoning changes they .had , d-+.scussed on Schertz Parkway a,id:Jack.Hays Blvd., wondered if' they could go ahead tiaith.getting hose approved. and then":::get on with tale Comprehensive. Plan. , Mr. Simonson stated 'he ~tiTould 1"ke to leave the :overlay .district on .Schertz Parkway'. He'would like to ,see them strengthen the 'overlay and 'change the zoning. Councilperson -Ken~Gr~enwald asked why not use the Jack Hays Blvd. Overlay on"Schertz..Parkway. '`Merwin Willman expressed concern=about the kind of_".signal: the City is' sending to builders and `developers by ,changing the zoning ao R-2. '-.Steve Simonson noted that .businesses will ask for rezoning. Chairman Andrews remarked that when the roads are developed.: .that come out to Schertz Parkway, they will .have to .look at the zoning then too. Merwin Willman suggested changing it to Neighborhood Services rather than R-2. Chairman Andrews requested 'that the rezoning of Schertz Parkway be put on the agenda of the next meeting fore discussion. Before getting off the subject, Merwin Willman. pointed out he had some visual aids as ideas for.- different types of development. These visual aids were set up on cardboard on -9- ea.scls a~ t?,c front of the Ccnference Room. Mr. ~~illman sugc~esLed thz Commissioners look them over, Jim Shriven: (a> Thanked the Commission for bearing with him at .the ...last. meeting which he conducted 'in the absence 'af Chairman Andrews. They were being rushed because City Council wanted to use the room fcr an executive session. (b) As?red if Victoria Ellis 'is still working for the City and - was informed by Steve Simonson she is doing seme werk for ,the Water Department. (c) Said he saw annexation-on City Council's agenda and asked - what they're annexing. Steve Simonson replied the rest of the Beck Concrete :'property. Mr. Shriven said he was under:.- the impression the City was Tcsing sales tax on the Beck property because the building is not-in the ,City,.. but he was wrong, the building is in the City. (d) Mentioned he had attended a meeting ' in Seguin w'_iPre he got to talk with the 'Seguin City Manager who provideu him with some interesting,informaton: 1. Seguin .covers only 9 square' miles. 2. The :only purpose of `an ETJ is to'. provide a city a .means -of enforcing their Subdivision Ordinance. t5teve 'Simonson- disagreed) 3. Seguin has a Golf Department in their city and .it ?s ;self-:supporting. te) Remarked that,'according to an, article he .read on the Rv Park -in:Pecan..Grove, it looks like 4do Riedel is'' d~oir~g only -"part of ,the .vacate. and- repl.at. ;;>,Steve Simonson acknowledged that's correct. The recognizable RV -area is-being reply ed • now, the `new area will-be replaced later. Chairman Andrews asked if anyone had anything else to .bring up and Steve. Simonsonreplied he `did. Mr. Simonson told the Commission there is a public notice in the Herald Newspaper showing a map-with the new floodplain areas. Mr. Simonson said he.has'.a copy in his office and Norma Althouse has a copy for anyone who wants to come in and look at it. This map shows `:floodways. It is in the preliminary and public hearing`stage. Merwin Willman wondered how they could get. Greer-Ross` figures since they went to a of of trouble to bring ,their property up out of the floodplain. Steve Simonson said he didn't know. -1O- Mr. S_no•nso•n related that during this 6vhole process, he had s:~nt _f .•:~r pa:~kages to L'EMA and they had lost three cut cf the f~Uur. Chairman Andrews: Asked if alI the winners of the Christmas Lighting contest received their plaques and Steve Simonson said yes,-he had delivered them. Merwin Willman asked the:Commissieners if any cf them_ had _ seen the report on television about a town up north that is` encouraging everyone to send their garbage there. They have> developed a way to turn garbage into a'money making idea uy, establishing gclf:courses, ski slopes, etc, from it. #9 ADJOIIRNMENT Chairman Andrews adjcurned the meeting at-9:00 P.M. .The .next re ularl scheduled meetin 1s Januar 2 9 y g ~ y: 8, 1992. = u -11-