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02-16-10 MINUTES REGULAR MEETING February 16, 2010 A Special Joint Workshop was held with the Schertz City Council and the Planning & Zoning Commission at 4:00 p.m. on February 16, 2010 as well as a Regular Meeting held by the Schertz City Council of the City of Schertz, Texas, on February 16, 2010 in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Pro-Tem David Scagliola Councilmember Jim Fowler Councilmember John Trayhan Councilmember Michael Carpenter Planning & Zoning Members Present: Chairman David Richmond Vice-Chairman Ernest Evans Commission Member Cedric Edwards, Jr. Commission Member Gary Wallace Commission Member Roberta Tutschke Staff Present: City Manager Don Taylor City Secretary Brenda Dennis Development Services Director Michelle Sanchez Mayor Hal Baldwin absent. Planning Commission Members Ken Greenwald and Bill Sommers absent. CALL TO ORDER THE WORKSHOP MEETING • Conduct a public hearing, discuss, consider, and make a recommendation by the Planning and Zoning Commission to the City Council regarding the revised Unified Development Code (UDC) comprised of zoning, subdivision, and other related land use regulations by superseding Ordinance # 09-5-06, as amended. (M. Sanchez) Mayor Pro-Tem Scagliola called the workshop meeting to order at 4:00 p.m., and recognized Development Services Director Michelle Sanchez who went over the following proposed changes to the Unified Development Code (UDC): Major Changes: • Sec 21.3.3. C2f -remove site plan approval process from the Planning and Zoning Commission and that the site plan approval process be granted administratively to the Planning Division and Administrative Staff and made a part of the construction plan review process. • Sec 21.4.12 C3 - sets a time limit in which to exercise a variance. A variance that is approved must be issued a building permit within 180 days of approval or the variance becomes null and void. A variance that is disapproved shall comply with any action required by the applicant within 15 days of disapproval upon written 02-16-2010 Minutes _ _ notification by city staff. These time limits will also apply to Sec 21.4.14 Appeals. • Sec 21.5.9 - AICUZ Districts; propose to omit the Special Use Permit (SUP) process for projects located in the AICUZ. Instead propose a written notification process by which RAFB is notified of the proposed development, type occupancy, occupant load, hours of operation, and any special conditions of the project that may include noise, dust, smoke emissions, etc and reference their Standard Land Use Code Manual (SLUCM). An acknowledgment from RAFB will be necessary before an approval of the project will be granted. • Sec 21.8.2 -require that accessory structures, buildings or ancillary structures located within commercial districts that are permanent beyond six (6) months shall be constructed of masonry material similar to the principal building. The objective is to prohibit metal buildings for permanent use. There is also a separate proposal to screen roof top mechanical equipment on these structures in Sec. 21.9.S.D (3). • Sec. 21.8.8 - insert a provision that wood or composite wood decks may be constructed with a ten (10) foot rear yard setback if uncovered. For decks that are covered and attached to the residence, they shall comply with the same rear yard setback as the main structure. • Sec 21.8.9 -propose regulations on outdoor display and storage for commercial and manufacture property that display inventory for sale; and that have the need for storage of their operational equipment. • Sec 21.10.2 - propose a revision to the restrictions on residential curb cuts to allow for circular driveways for residential property with a minimum lot width of 100 feet; and two curb cuts not to exceed 16 feet in width each; and a minimum of 30 feet of green space between the curb cuts. If approved, the code of ordinances will be amended as required. • Sec 21.12.8f 1 and 2 -clarify in Article 12 Subdivisions, to identify minor changes and major changes to the plat design; and to establish that a revised master plan, preliminary or final plat shall be resubmitted for major changes. Minor changes include a revision to plat notes, paving details, lot line adjustments, grammar and scrivener's errors. Major changes include an increase in the number of lots or acreage, addition or reconfiguration of streets or alleys, changes to open space dedication requirements, drainage or flood plain data. • Sec 21.12.14 -site plan process; remove from Article 12 Subdivisions; and move to Article 9 Site Design. • Definitions "Building Height" -clarification that a chimney, cupola or dormer four feet or less in height shall be exempt from the maximum height requirement. Minor Changes: • Sec 21.8.7 -restrict temporary storage facilities (i.e. PODS, Rat Packs, Conex buildings, etc) to 60 days per calendar year with a temporary building permit. • Sec 21.9.7 C 1 - provide a requirement that residential lots must have full sod in 02-16-2010 Minutes Page - 2 - Ms. Sanchez stated that the UDC section regarding the "signs" had been removed for discussion pending City Attorney review and would not be discussed or considered at this time. Ms. Sanchez addressed other questions from City Council and the Planning and Zoning Commission regarding the proposed changes. Mayor Pro-Tem Scagliola recognized City Manager Don Taylor who stated that this is a public hearing this evening to receive information from staff and the Planning and Zoning Commission. He stated that this was for discussion only, that City Council would not be taking any action and this item would be coming back to Council for consideration at a later date. Mayor Pro-Tem Scagliola recognized Parks & Recreation Director George Logan who stated that the Planning and Zoning Commission is suggesting to remove the following from the UDC under section 21.9.9: "tree mitigation funds may also be utilized to install irrigation, shrubs or landscape facilities for maintenance of existing landscaped areas" and remove "...and for the purchase of equipment to be utilized for the preservation or protection of existing trees". 1VIr. Logan stated that the previous language was placed in the UDC at the recommendation of the Parks and Recreation Commission in February 2009 and it is the consensus of the members that all wording remain the same, no changes be made. Mayor Pro-Tem Scagliola recognized members of Council as well as members of the Planning and Zoning Commission who expressed their opinions on this subject. It was the consensus of the City Council and Commission to obtain an opinion from the City Attorney as to whether this language even needs to be included in the UDC, or does it need to be a policy issue? Mayor Pro-Tem Scagliola recognized Assistant EDC Director Jeff Jewell who came forward stating that the Schertz EDC offers support of the Planning & Zoning department's efforts to allow for administrative approval of site plans. He further stated that this policy change will enhance the City's reputation as a business friendly place, but will still give management the tools and control needed to fulfill City Council's goals of creating a community with a superior quality of life. Mayor Pro-Tem Scagliola recognized members of the Planning and Zoning Commission and City Council who expressed their opinions on this subject. Members of Council and the Commission requested an opinion from the City Attorney on this issue. Members of Council and the Commission further requested staff look into the following: Sec. 21.3.3 -Site Plan Process; City Attorney to further clarify what the Local Government Code allows. Sec 21.5.9 - AICUZ Districts; why not both processes -get an opinion from City Attorney 02-16-2010 Minutes Page - 3 - Sec 21.8.7 -divide this section between residential and commercial, allow commercial more time for temporary storage facilities such as 90 days but hold the residential between 30-45 days and remove the word "building" permit, to identify the permit required as a temporary permit. Sec 21.9.9 -Tree mitigation; obtain an opinion from City Attorney on whether to leave in the UDC or make a policy issue. Mayor Pro-Tem Scagliola opened the public hearing and recognized the following: • Mr. Mustapha Debboun, Chair of the Parks Board who stated that it was the recommendation of the Parks Board to make no changes to Section 21.9.9 "the Tree Mitigation" section of the UDC. • Mr. Steve White, 204 Pfeil Street who asked for clarification on Section 21.5.9 - Development Services Director Michelle Sanchez provided further explanation of this section and Mr. White was satisfied. • Mr. Chris Montgomery, 12470 Ware Sequin Road who spoke on Section 21.9.8 - screening asking members to consider a provision in this area to allow six (6) foot fencing in the front yard. As no one else spoke, Mayor Pro-Tem Scagliola closed the public hearing and recognized Development Services Director Michelle Sanchez who stated that this item includes a recommendation by the Planning and Zoning Commission to the City Council. Mayor Pro-Tem Scagliola recognized Planning and Zoning Chair David Richmond who stated that several items in the UDC were discussed and required further information before making a recommendation to Council and believes this recommendation be postponed, Members of the Commission concurred. Chair Richmond stated the Commission needed to make a motion to postpone. Mr. Richmond recognized Planning and Zoning Commissioner Cedric Edwards who moved, seconded by Planning and Zoning Commissioner Roberta Tutschke to postpone the UDC recommendations to City Council this evening to allow staff to receive information from the City Attorney on the items identified, as well as from other stakeholders. Vote was unanimous. Motion Carried. ADJOURNMENT WORKSHOP: Mayor Pro-Tem Scagliola adjourned the Joint Workshop at 6:10 p.m. REGULAR SESSION Mayor Pro-Tem Scagliola called the regular meeting to order at 6:30 p.m. 02-16-2010 Minutes Page - 4 - INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. EMPLOYEE INTRODUCTIONS/RECOGNITION • Introductions of new employees: (Facilities Maintenance, Library and Public Affairs) M. DeLeon, G. Douglas, B. Bailey Mayor Pro-Tem Scagliola recognized Assistant to the City Manager Bob Cantu who introduced the following new employees: • Hunter Rowin part-time Facilities Tech, Albert Orosco, full-time Facilities Tech, Ramiro Ramirez, part-time Facilities Tech and Ray Anthony Gonzales, part-time Facilities Tech. Mayor Pro-Tem Scagliola recognized Library Director Gail Douglas who introduced the following new employees: • Stephanie Starr, Library Page, Josue Plaza, Library Page Mayor Pro-Tem Scagliola recognized Media Relations Director Brad Bailey who introduced the following new employee: • Chuck McCollough, Publications Editor .City Council welcomed all the new employees to the City. HEARING OF RESIDENTS Mayor Pro-Tem Scagliola recognized the following citizens who spoke: • Ms. Michele Terolitsky, 705 Marilyn Drive who spoke regarding drainage issues on her property. • Mr. Ed Quini, 75 Maske Road who invited everyone out this weekend to the Schertz Soccer Complex for a first time event the "Olympic Development Program" where over 43 teams of the best 11 to 13 year old players will come out and compete. • Elizabeth, student at Kung Jung Mu Sul who invited the Council to attend a Belt Ceremony on March 5, 2010 from 6:00 to 8:00 p.m. She also invited the Council to attend on March 13, 2010 and March 20, 2010 from 12:00 to 2:00 p.m. the "Women's Self-Defense" event. Discussion and/or Action Items 02-16-2010 Minutes Page - 5 - _ _ _ 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of February 9, 2010. Mayor Pro-Tem Scagliola recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve the minutes of the regular meeting of February 9, 2010. Vote was unanimous. Motion Carried. 2. Ordinance No. 10-M-03 -Consideration and/or action repealing and replacing Ordinance No. 09-M-42 by amending Article V Section 86-149 (a) of the Code of Ordinance regarding "No Parking, stopping or standing" and declaring an emergency. First and final reading (S. Willoughby) Mayor Pro-Tem Scagliola recognized Public Works Director Sam Willoughby who introduced this item stating that action requested of Council changes wording in the ordinance from when signs are "erected" to when signs are "posted" in section 86- 149(a). Mayor Pro-Tem Scagliola recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to approve ordinance No. 10-M-03 first and final reading. Vote was unanimous. Motion Carried. Requests and Announcements 3. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 4. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 5. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Pro-Tem Scagliola stated that the Schertz Chamber of Commerce has a temporary president, that they hosted a ribbon cutting last week at the AT&T Outlet. Mayor Pro-Tem Scagliola stated that the Humane Society will be hosting a Casino Night on Friday, March 19, 2010 from 6:00 to 11 p.m., at the Civic Center. Tickets are available at the door as well as going to www.homesforpets.or~. 02-16-2010 Minutes Page - 6 - Mayor Pro-Tem Scagliola recognized Councilmember Fowler who mentioned that on March 6, 2010 the City is hosting the Wilenchik Walk for Life event. 6. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Pro-Tem Scagliola recognized City Manager Don Taylor who provided an update on Assistant City Manager Bierschwale, stating everything is fine and he would be returning back to work on Thursday. ADJOURNMENT As there was no further action, Mayor Pro-Tem Scagliola adjourned the meeting at 6:53 p.m. Hal Baldwin, Mayor ATTEST: Brenda Dennis, TRMC, CMC City Secretary 02-16-2010 Minutes Page - 7 -