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10-25-1994 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, October 25, 1994 at 7:00 p.m. in the Municipal Complex conference room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION OTHER PRESENT PIA JARMAN, CHAIRMAN DENNIS FIGOL DAVID RICHMOND, VICE-CHAIRMAN KEVIN SLOAN MERWIN WILLMAN, SECRETARY BOB ANDREWS KEITH VAN DINE TONY MORENO COUNCILMAN KEN GREENWALD CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECRETARY #1 CALL TO ORDER Chairman Jarman called the meeting to order at 7:00 p.m. There were only two citizens present, both of them on the agenda, so the public hearing was held in the conference room rather than the Council Chambers as originally posted in the agenda. #2 PUBLIC HEARING: To Receive Citizen Input on a Request From Dennis and Dawna Figol of the Palms Apartments for the Rezoning of Approximately 2.41 Acres from R-2 (Single-Family Dwelling District) to R-4 (Apartment/Multi-Family Dwelling District District) (ZC #115) Chairman Jarman thanked the citizens for coming and explained the procedures that would be followed in conducting the public hearing. Mrs. Jarman then asked for Staff input. Steve Simonson reported there were 5 letters sent to property owners within 200 feet and there were no replies or no phone calls. Dennis Figol was at the public hearing to represent the rezoning request. Tony Moreno questioned if there's going to be any new design of FM 78 when it's widened and Steve Simonson answered the same entrances will stay. Mr. Moreno indicated the entrances will be closer to the road and Steve Simonson acknowledged that's correct because the road will be widened. Mr. Moreno inquired if the entrance between the doctor's office and the pharmacy is the only ingress/egress and Steve Simonson replied it is the only legal entrance. Tony Moreno asked Dennis Figol if there are any plans for other entrances and Mr. Figol indicated there is no other way in unless Wuest Street is opened up again. Mr. Moreno questioned how many residents there are in the Palms Apartments and Dennis Figol replied there are 32 and they plan to add 6 more apartments. Chairman Jarman commented the issue here is to make the apartments legal as R-4 because they are currently zoned R-2. Steve Simonson added that was an oversight. They are grandfathered for what is there now, but they can't build any more without rezoning. Chairman Jarman asked who owns the apartments and referred to the application where it mentions Vera Sabo. Dennis Figol explained that Vera Sabo was the owner before him and she financed his purchase of the apartments. There was a brief discussion between Mr. Figol and Bob Andrews about the type of deed Mr. Figol has and it was determined it is a contract deed. David Richmond asked what changing the zoning to R-4 does to the location that used to be a pharmacy. Steve Simonson replied it does nothing. #3 ADJOURNMENT OF PUBLIC HEARING After stating that once the public hearing is closed, there will be no further comments from the citizenry, that all comments will be taken into consideration, and that the Commission has 10 days to make a recommendation to City Council, Chairman Jarman adjourned the public hearing at 7:10 p.m. The Schertz Planning and Zoning Commission convened in regular session, after the public hearing, in the Municipal Complex conference room, 1400 Schertz Parkway, Schertz, Texas. The agenda is as follows: #4 CALL TO ORDER Chairman Jarman called the meeting to order at 7:11 p.m. #5 APPROVAL OF MINUTES: Regular Session October 11, 1994 David Richmond pointed out that under City Staff in the heading where it lists those who were present at the meeting, Steve Simonson should be changed to Kerry Sweatt. -2- Bob Andrews moved to approve the minutes, as amended, for the Regular Session October 11, 1994. Tony Moreno seconded the motion which carried with a unanimous vote. #6 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #7 CONSIDER AND MAKE RECOMMENDATION: ZC #115 Bob Andrews moved to recommend approval to City Council of the request from Dennis and Dawna Figol of the Palms Apartments for the, rezoning of approximately 2.41 acres from R-2 (Single-Family Dwelling District) to R-4 (Apartment/Multi- Family Dwelling District District). Tony Moreno seconded the motion which carried with a unanimous vote. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Scott Felder Homes for Permission to Place Bandit Signs Along FM 3009 (PC #220-94) Kevin Sloan was at the meeting to represent this request. Merwin Willman asked how many builders/developers we have now putting signs out on the weekends. Steve Simonson replied we have 1 builder (Dover) for Dove Meadows, 2 builders (U.S. Homes and Buffington Homes) for Thistle Creek, the ones being requested tonight by Scott Felder, and Ron Wood Homes that needs to be brought into compliance. Chairman Jarman questioned if Scott Felder Homes has received a copy of our ordinance and was assured by Steve Simonson they have. David Richmond wondered if we hold them to the same stipulations as the others and require they come back in 6 months for an extension. Steve Simonson informed Mr. Richmond it's not for bandit signs that we do that. Kevin Sloan advised the Commission Scott Felder Homes will be building two models behind the mobile home off FM 3009. That particular section is designated as Deer Creek, Unit 2. Tony Moreno moved to approve the request from Scott Felder Homes for permission to place bandit signs along FM 3009. Keith Van Dine seconded the motion. Before the vote, Bob Andrews asked that a proviso be added to the motion requesting Scott Felder Homes to furnish the City of Schertz with a point of contact. The proviso was so added to the motion and the vote was unanimous in favor. -3- #9 CONSIDER AND TARE APPROPRIATE ACTION: Setting Up Proce- dures and a Timetable to be Followed in the Selection of a New Member to Fill a Vacancy on the Commission Chairman Jarman remarked it should be officially noted that George Vick resigned from the Commission, effective September 27, 1994. Steve Simonson informed the Commission the City has been distributing handouts at the drive-through window and at the counter advertising the opening and there will be an article in the Newsletter. Mr. Simonson then asked Norma Althouse how many applicants we have interested in the position and Mrs. Althouse replied there are currently 5 people interested. Chairman Jarman noted there is no cut-off date given in the handout and Steve Simonson explained that is a standard form and they don't want to have to make changes to it. Mervin Willman asked when they're going to consider the applications on file. Are they doing it tonight? Chairman Jarman suggested closing it out on November 4th, reviewing applications at the November 8th meeting and interviewing at the November 22nd meeting. Bob Andrews indicated there is nothing wrong with setting up the interviews on the same agenda as when the applications are reviewed. The packages are ready on Friday and that gives the Commissioners the entire weekend through Tuesday to look over the applications, and that should be plenty of time. Steve Simonson mentioned that in the past there has been available a list of questions to ask the applicants and it would be a good idea to include a copy of that in the package. Mervin Willman reminded the Commissioners the questions are just examples, you don't have to stick strictly to them. David Richmond suggested they press on and have the applications included in the packages for the November 8th meeting and interview also at that time. The Commission agreed and Chairman Jarman requested that the interviewing of applicants be placed on the agenda for November 8, 1994. $10 INFORMAL REPORT: Summarization of the APA Conference by Those Members Who Attended Chairman Jarman, referring to the fact not everyone got to attend the conference, remarked she felt those who did attend could share some of the things they felt were most useful. Mrs. Jarman, David Richmond, Tony Moreno and Steve Simonson were those who attended. Tony Moreno revealed that the short courses had a number of good speakers, some of them members of the steering committee. Mr. Moreno felt that Dick Little, head of the education -4- foundation of the APA, was an especially interesting speaker. Mr. Little gave an overview of what it was like when he was the head of the Development Department for the City of Austin, Texas. The growth of bureaucracy was so bad that ordinances were being passed all the time and developers were having to abide by them and that would set their projects back anywhere from six months to a year. It got so bad that the legislature had to pass a law forbidding that and saying that developers were not bound by ordinances that cities were passing after their projects had already been submitted. Chairman Jarman stated this was the famous House Bill 4, but she thought it didn't pass. Steve Simonson and Tony. Moreno both agreed it passed, but they have been trying to repeal it ever since. David Richmond, noting he took exception to the fact the room wasn't set up for short courses as well as Houston, related he thought the most interesting part was the session with the developers. Our Planning and Zoning is combined in Schertz, __...but. --..-not necessarily elsewhere. Some of the Planning Commissioners from other cities have no say so about the zoning and developers in other cities have to contend with both Planning and Zoning Boards. Mr. Richmond felt the lady lawyer, Ms. Gilbert, was an outstanding speaker. She was very knowledgeable and had a lot to offer. Merwin Willman asked if anyone who attended looked into the Poster Papers Program, but was told they didn't see the program. Steve Simonson found the Supreme Court rulings on Tiger (a city in Oregon) versus Dolan (an auto parts store property that wanted to expand next to a drainage canal) very interesting. Tiger lost the case regarding the taking of land for development. Oregon had all kinds of requirements for bike trails, etc. and all Dolan wanted to do was extend their building horizontally to the east and widen their parking lot. There was a major road which dead-ended beyond their property. The City of Tiger, to allow them to do that, wanted more property for their drainage canal and Dolan gave them the land. The City of Tiger then wanted to put in a 15' bikeway and Dolan said no, there's no need for it. It went all the way to the Supreme Court which ruled in favor of the Dolans. Mr. Simonson, then referring to several cases in California, said there is not an avalanche out there telling cities and governments to curb property rights, but there is a movement afoot regarding acquiring private property, what you demand, and particularly what you demand from developers. Tony Moreno thought the key word here was a "taking" and Steve Simonson, admitting that's correct, added the important word behind a "taking" is justification. Tiger could not justify -5- that bike trail. Mr. Simonson mentioned, as far as justification, the Commission may want to do further research on their parkland ordinance. Referring again to the lady lawyer, Ms. Gilbert, Chairman Jarman commented she had mentioned that one big problem developers have to deal with is arbitrary rules. Mrs. Jarman read the following list of things, which according to Ms. Gilbert, make a good Commissioner: 1. Do your homework; 2. Hear both sides of a presentation at the meeting/public hearing - not ahead of time; 3. Stick to the issues; 4. Be present at public hearings and at regular meetings because the quorum is important; 5. Be assertive - have the courage of your convictions; and, 6. Do not micromanage. .---Chairman Jarman further related that Rose Jacobson, Director of Planning and Development at Arlington, Texas, had a good idea for public hearings - speaker cards, with names and addresses, and the signing in both for and against an issue. Also, the rules of procedure are given out ahead of time. Mervin Willman expressed doubt about the need to be that formal. David Richmond indicated we could be helped in our public hearings by knowing who wants to speak. As it is now, we don't know this ahead of time. Chairman Jarman mentioned giving the list/speaker cards to the person presiding. It never hurts to be prepared so the meeting doesn't fall into chaos. Issues are getting more complicated. Steve Simonson suggested having a sign up roster similar to the one used by City Council. Everyone thought this was a good idea and David Richmond pointed out we can ask them to declare whether they are for or against an issue. Mervin Willman explained that a public hearing is not so much for questions and answers as it is for statements. A copy of the sign up roster used by City Council will be included in the Commissioners next packages. #11 GENERAL DISCUSSION Keith Van Dine: (a) Stated he is happy about the fact that work is being done on Pfeil Road. (b) Related that several people have complained to him about a couple of hog raisers in the area. Bob Andrews advised Mr. -6- Van Dine to tell these people to check their deed restrictions. One of the most common deed restrictions around here is the prevention of hog farms. Bob Andrews• (a) Asked if there has been any word from Cottage Lifestyles and was told by Steve Simonson there has not been. Mr. Andrews mentioned this is the first time they had rezoned property for someone who didn't own it. Mr. Simonson reminded Mr. Andrews there is a six month timetable built into the rezoning approval for Cottage Lifestyles. If nothing has happened by the end of six months, the property can be rezoned back to its original zoning. (b) Inquired if there has been any progress on the apartments being built by Joe Veytia. Steve Simonson said it is his understanding they are working on an engineering proposal in conjunction with an architectural plan to be presented to Mr. Veytia. Merwin Willman• (a) Asked the status of the billboard up in Mobile Villa - it's approximately 8' x 15'. Steve Simonson indicated he would have to check it out. (b) Wondered if the time isn't right for the City to appoint a Parks and Recreation Commission and explained this Commission could make recommendations on obtaining land for parks and on spending money for parks. Councilman Ken Greenwald noted we have 5-year plans from the various Department Heads. Bob Andrews commented he thinks there is a place in the front of the Comprehensive Plan where it says the Commission will be given the budget on an annual basis so they can compare budget figures with 3, 5 and 10 year plans. There was discussion on this with not everyone agreeing there's a statement in the Comprehensive Plan. David Richmond: (a) Asked about any update from HEB, but was told there is none. (b) Reported he was delighted to see City Council ban smoking in the conference room during workshop sessions and recommended the Commission take similar action regarding its meetings before we bring in any new members. Keith Van Dine agreed to a compromise - he wants smoke breaks. It was agreed that could be arranged. The City Council had agreed to a similar arrangement if necessary. -7- Councilman Greenwald: (a) Informed everyone they will see a lot of information put forth in the next several months about recycling because it is scheduled to start in January. The money made from recycling comes back to the City and Mr. Greenwald admitted he thinks Mr. Harris may have the right idea about the money - put it in savings for a year until we see what we need. (b) Reported he and Mr. Sweatt and Mr. Bierschwale attended a GBRA (Guadalupe Blanco River Authority) meeting on 10-24-94 and discussed water. We are part of the Canyon Regional Water Authority and are seriously considering buying water individually. One suggestion was to turn water over to New Braunfels and have them treat it at their plant and then bring it down IH-35 where there are water mains already. Mr. Greenwald stated we are trying to keep as many options open as possible. The big metro line coming out of Lake Dunlap will be a while yet. Mr. Greenwald feels we can't wait, we need to secure our water rights as soon as possible. We are going to - . -look at doing a water study for the region with the help of GBRA. There will be cities wanting to participate and there is money available from the state to do a study. A meeting has been tentatively scheduled by City Council on the subject of water rights and they will be letting the Commission know the particulars. (c) Brought up the proposed 1/2 cent sales tax increase and the possibility of putting it to a vote in January. The City needs to get the information out. The article in last Wednesday's Sun was very good. The state law is very specific about what you can do with the money. (d) Also mentioned the bond issue and pointed out that the Municipal Complex, the Fire Department building and the SAFES building all are experiencing cramped conditions. A lot of the rules for juveniles have changed and the Police Department is not adequate. A citizens committee will study and review the situation. We're probably looking in the two million dollar range. Mr. Greenwald reminded the Commission the sales tax election can only be held on one of four specific dates, but the bond issue election can be held anytime. Statistics show that more than 50~ of sales tax comes from non-City citizens. Steve Simonson: (a) Related he had a call from the engineer for Barshop Enterprises about two acres of property south of HEB on FM 3009. What they are interested in locating there he has no idea. -8- (b) Brought a map showing Schertz before the development of areas like Woodland Oaks, Savannah Square, Greenshire Oaks, Greenshire, Silvertree and Dove Meadows. Mr. Simonson told the Commission they're looking at a 10-11 year time span. This was to point out it takes time to grow, and in the overall scheme of time, we've grown rapidly. Chairman Jarman: Cited September 30th correspondence from City Manager, Kerry Sweatt, asking the Commission for review and comments on an article in Public Management Magazine about sustainable development. Mrs. Jarman indicated the Commission should probably schedule this for the next time so they can prepare an answer. Steve Simonson acknowledged he had responded to Mr. Sweatt with a letter and will be glad to provide the Commission with a copy, then they can throw it out there for discussion and come up with their own response. Before adjournment, David Richmond showed the Commissioners an article he had cut out of the Express News about San Antonio sign proposals. #12 ADJOURNMENT Bob Andrews moved to adjourn the meeting and Keith Van Dine seconded the motion which carried with a unanimous vote. The meeting was adjourned by Chairman Jarman at 8:43 p.m. The next regularly scheduled meeting is November 8, 1994. Chairma , Planning and Zoning Commission City Schertz, Texas ATTEST: l.J~y-~,~r~k1'~~LS~- Planning Secretary City of Schertz, Texas -9-