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02-12-1991 , ; ; PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a session on Tuesday, February 12, 1991 at 7:00 P.M. Municipal Complex Conference Room, 1400 Schertz Parkway. present were as follows: regular in the Those PLANNING & ZONING COMMISSION CITY STAFF JIM SHRIVER, VICE-CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN GEORGE VICK GARY BRICKEN STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECRETARY MEMBERS ABSENT BOB ANDREWS, CHAIRMAN HARRY BAUMAN 11 CALL TO ORDER Vice-ChairQan Jim Shriver, in the absence of Chairman Bob Andrews, called the meeting to order at 7:00 P.M. 12 APPROVAL OF MINUTES: Regular Session January 22, 1991 Merwin Willman made a motion to approve regular session January 22, 1991. Gary motion and the vote was unanimous in favor. the minutes for Bricken seconded Motion carried. the the 13 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. 14 CONSIDER AND MAKE RECOMMENDATION: Review of Political Signs in Regard to the Sign Ordinance Vice-Chairman Shriver asked for staff input. Steve Simonson informed the Commission that Chairman Andrews had written up a letter in which he quoted the Sign Ordinance and the Overlay Ordinance and basically stated that if there is some other policy, whereby the City allows political signs, the Commission has not seen that policy in writing. Mr. simonson went on to say that, in his opinion, the Counc i 1 wants to know what the Commission thinks, particularly in the overlay districts where political signs are technically illegal. The Council wants to know if we want to enforce the ordinance or make a change to the ordinance. Vice-Chairman Shriver and Merwin Willman had both written up suggested changes to the ordinance and distributed copies of their suggestions to the Commission. Mr. Shriver had reworded Article V, Section 6 (Political Signs) of the Sign Ordinance, clarifying the language to make the section more understandable to the reader. Mr. Willman suggested deleting the phrase "and political service or appeals" from Article XX, sections 2.3(e) (Special Overlay District Jack Hays Blvd.) and 4.3 E (Special Overlay District Schertz Parkway) of the Zoning Ordinance so the standards established in the Sign Ordinance for political signs would prevail. Mr. Willman also suggested that political signs be added as Section 10 under Article VI (Signs Permitted in All Business, Commercial and Manufacturing Districts) of the Sign Ordinance. Discussion of political signs ensued during which the following subjects, points of interest, and ideas were mentioned: 1. Sixty (60) days seems ample time for political signs displayed for local elections. However, one hundred twenty days is a more realistic time for signs to be displayed for and national elections. to be (120) state 2. Could we go wi~h a dual regulation 60 days for elections and 120 days for state and national elections? local 3. Wouldn't it be in the City's best interest to allow the amount of ti~e for local, state and national election signs? same 4. Could we add a rider, to the time regulations, about the signs being maintained? 5. Can we differentiate, mechanically, between those signs with a 60 day life expectancy and those with a life expectancy of less than 60 days? 6. Some signs are made only plastic coating. Naturally, weather conditions better. of heavy cardboard and other have a the plastic coated ones withstand 7. All candidates should be made aware that the City will strictly enforce the regulations on political signs. 8. We could get feedback from recent candidates or from other cities. 9. What would happen if political slgns were exempted from regulation? 10. If you say political signs can't be on any R.O.W. of the City of Schertz, then the only place they can be 1S on private property. -2- . 11. political expression is a sacred right and needs to be regulated as little as possible. 12. It was an oversight to list political signs in the Sign Ordinance under signs permitt~d in residential districts without also listing them under s1gns permitted in all business, commercial and manufacturing districts. The majority of the commission concluded that 120 days is a more realistic time for the display of political signs for state and national elections, and although 60 days seems to be ample time for the display of signs for local elections, the length of time allowed for each should be equal. The majority of the Commission also agreed with the idea of making all candidates aware that the City will strictly enforce all regulations regarding political signs. Commissioner Gary Bricken stated he would support only minimum regulations. Three separate motions were made in the effort to clarify the City's policy regarding political signs. Motion #1 Keith Van Dine made a motion to recommend approval of Vice- Chairman Shriver's rewording of Article V, Signs Permitted in Residential Districts, section 6, political Signs, of the Sign Ordinance, Lut to ~hange the length of time signs may be displayed from sixty (60) days to one hundred twenty (120) days. The proposed amendment would read as follows: ARTICLE V, SIGNS PERMITTED IN RESIDENTIAL DISTRICTS section 6 Political Signs Political signs may be displayed one hundred twenty n201 days prior to an election date, which includes any run-off election. The candidate seeking office must obtain prior approval of the property owner for placement of the sign. The placement of the sign will not obscure or in any manner block the vision of any vehicular traffic using the public streets or entering any such streets. All political signs will be removed within ten no 1 days after the election date. No political sign will be placed within the right-of-way of any street or roadway. George Vick seconded the motion and the vote was as follows: AYES: J. Shriver, K. Van Dine, M. Willman, G. Vick NAYS: G. Bricken ABSTENTIO~S: None Motion carried. -3- Motion #2 Merwin Willman made a motion to recommend approval of adding to the Sign Ordinance, under Article VI, Signs Permitted in All Business, Commercial and Manufacturing Districts, a Section 10, Political Signs using the same paragraph (reworded by Vice- Chairman Shriver and canged from 60 days to 120 days) as is already included in Article V, Signs Permitted in Residential Districts, section 6, Political Signs. The proposed amendment would read as follows: ARTICLE VI SIGNS PERMITTED IN ALL BUSINESS, COMMERCIAL AND MANUFACTURING DISTRICTS Add Section 10 political Signs Political signs may be displayed one hundred twenty (120) days prior to an election date, which includes any run-off election. The candidate seeking office must obtain prior approval of the property owner for placement of the sign. The placement of the sign will not obscure or in any manner block the vision of any vehicular traffic using the public streets or entering any such streets. All political signs ",ill be removed within ten (10) days after the election date. No political sign will be placed within the right-nf-way of any street or roadway. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. ~otion #3 Merwin Willman made a motion to recommend approval of a change to the Zoning Ordinance by deleting from Article XX, Sections 2.3(e) and 4.3 E. the phrase "and political service or appeals". The proposed amendments would read as follows: ARTICLE XX OVERLAY DISTRICTS Section 2 Special Overlay District Jack Hays Boulevard 2.3 (e) Sign Restrictions: No signs, banners, pennants or flags of any type, including charitable services or appeals, shall be erected or maintained in this district except in conformity with the following requirements or other requirements of the Zoning Ordina~ce of which the most restricting provision shall prevail. No signs shall be permitted to be placed in the right-of-way of Jack Hays Blvd. except as indicated in Item 12 below. (Ord. 90- S-20, July 3, 1990) -4- , ARTICLE XX OVERLAY DISTRICTS Section 4 Special Overlay District Schertz Parkway 4.3 E. Sign Restrictions: No signs, banners, pennants or flags of any type, including charitable services or appeals, shall be erected or maintained in the District except in conformity with the following requirements or other requirements of the Zoning Ordinance of which the most restricting shall prevail. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. Steve Simonson commented, that if the Commission agrees, motion for a change to the Zoning Ordinance will be put on until all other recommendations are deliberated by the council. The Commission agreed. the hold City Merwin Willman suggested writing it up as a whole package and presenting it to City Council. The Commission was in favor of Mr. Willman's suggestion. 15 CONSIDER AND TAKE APPROPRIATE ACTION: Training Program for Commissioners Vice-Chairman Shriver apologized for being late with this, but said he just hadn't had a lot of time to work on it. Mr. Shriver had distributed copies to everyone of two memorandums and a self-study training guide (copies attached) and asked everyone to familiarize themselves with the material and answer the questions he had posed to them. Mr. Shr i ver remarked he would be glad to answer any questions and requested discussion of the training program be placed on the agenda of the next regularly scheduled meeting. Gary Bricken observed that the Code of Ordinances of the City of Schertz involves quite a bit of reading and Merwin Willman assured him the idea is just to familiarize himself with the material. Merwin Willman, referring to the self-study training guide, expressed the opinion he doesn't think it's necessary for the Commissioners to be familiar with the Animal Control Ordinance. Steve Simonson and several of the Commissioners disagreed. After further discussion, everyone he needs their meeting. Vice-Chairman input on this Shriver program stressed to at the next -5- 16 GENERAL DISCUSSION George Vick: (a) Asked what the final decision was on cars being parked in backyards. Steve Simonson replied, for uniform application by the Inspection Department, he has been advising them if the car can't be seen from the street, then it meets the general guidelines of the ordinance. (b) Reported that at the corner of Brooks and Lindbergh there is an old school bus in the backyard and he couldn't see whether or not it had a current safety sticker and/or license sticker. (Steve Simonson said he would check on it.) (c) Brought in an article from the San Antonio Light regarding the Resurrection Baptist Church. It was the article where an individual had written a letter alleging race will be a factor in the City's decision. Steve Simonson said this article had already been discussed and Merwin Willman added that the request from the church has been tentatively approved by the Board of Adjustment based on an agreement between the church and the City of Schertz.. Keith Van Dine: (a) Related that Pfeil Road sets up higher than some of the driveways, and drainage is a real problem. They could use some bar ditches in the area. There is a big pile of debris (dirt, gravel, broken up blacktop, etc.) alongside the road that he could sure use to raise up his area. Is that possible? Steve Simonson said he would check with Jerry Graham, Streets & Parks Supt., about the use of the debris. Mr. Simonson also commented Spring Clean-Up is coming up and that ties up the 'Street Dept. for two weeks. (b) Asked if there will be a dumpster in the Schirmerville area this year again during Spring Clean-Up. Steve Simonson replied there will not be - the only dumpsters will be located at the Alamo Waste site just north of E. Live Oak Rd. on Jack Hays Blvd. Mr. Simonson explained it was set up this way to make sure only citizens of the City of Schertz use the dumpsters. Mr. Simonson further stated there's a possibility citizens will be asked to show some form of identification. Gary Bricken: (a) What is the status of the Fuel America truck stop? Simonson replied he hadn't heard anymore from them. Steve (b) Asked if there's still the possibility of another fast food establ ishment coming into the City. Steve Simonson repl ied he hadn't seen anything concrete yet. -6- , Merwin Willman: (a) Reported that the Austin Diner appears to be closed down, but all the signs are still up. Asked if there isn't something the City can do to get them to take down the signs. Mr. Willman said this is a concern of his about other businesses, too, when they leave or close down. Steve Simonson stressed that the City can't go onto private property and take the signs down. Mr. Willman then wondered if some kind of procedures shouldn't be established. IH-35 is one of the entrances to the City and almost always the first appearance someone sees is a lasting impression of the City. Vice-Chairman Shriver: (a) Reported that at the corner of Oak st. and Brooks there is a new commercial sign nailed to a tree. steve Simonson said they are aware of it and are attempting to remedy the situation. (b) Noted that when going through his reference material, he came across something called the Industrial Development Plan. Is it still good or can he throw it away? steve Simonson and Merwin Willman both agreed that it can be thrown away since the City now has an Economic Development Task Force. (c) Asked if the Leon Parker lawsuit is still active and Steve Simonson replied it is not, it has been settled. Mr. Shriver then stated he could throwaway the indemnification ordinance pertaining to the Parker case and steve Simonson agreed. Councilperson Ken Greenwald said he thought the indemnification ordinance covered other such lawsuits, not exclusively the Parker case. Steve Simonson reminded Mr. Greenwald there is general indemnification ordinance, but there was also one covering just the Parker case. (d) Asked if the Schedule of Fees has been updated since 1988 and was informed it has not been updated since then. (e) Asked the status of the Comprehensive Plan. steve Simonson indicated that Merwin Willman will be bringing some thoughts and ideas to the Commission, about the Comprehensive Plan, at the next meeting. Steve Simonson: (a) Asked the Commissioners to look over the map which had been distributed to them. It is a map showing the City of Schertz and marked in blue are possible major thoroughfares in the future. Possible minor thoroughfares in the future are marked 1n green. -7- Mr. Simonson told the Commission this is infrastructure in nature, it is not finalized, it is a working copy, and he is asking for their input. After all the input is considered, a finished copy will be made regardless of what they do with the Comprehensive Plan. Merwin Willman pointed out that once a street map is approved, the City can hold the developers to it and the City should stick to it's guns. Mr. Willman gave the example of what was supposed to be the extension of Westchester out to Elbel and said the City let the developers of the Sycamore Creek Apartments talk them out of it. Mr. Willman also stressed that streets don't necessarily have to be straight, they can wind. George Vick noted the necessity of having a map like this in the Comprehensive Plan. Steve Simonson suggested to the Commission that if they make changes to the map, colors different than blue and green should be used and they should indicate a difference between major and minor thoroughfares. Keith Van Dine brought up the idea of some day Pfeil Road because it ties into 1-10. Steve Van Dine to consider if he would like for thoroughfare or keep it a minor thoroughfare possibly extending Simonson told Mr. it to be a major as it is now. Merwin Willman told everyone to keep in mind this is a 5-10 year plan. \~e don't know what the Schirmerville area will look 1 ike five years from now. Steve Simonson said it will depend on two major factors - the overall economy and something we haven't talked about yet, which is a high speed rail system. Mr. Simonson further stated a high speed rail system is in the discussion stage and being pushed very hard at the present time. It is being backed by very big money. One of the options being discussed is a Houston-Dallas- San Antonio triangle. (bl Reminded everyone about the briefing by the Highway Department at the Rocky Hills Gospel Church on February 13th at 7:30 P.M. Mr. Simonson said he will be attending the briefing, the subject of which will be the continuing expansion of IH-35. Along that 1 ine, Mr. Simonson had composed a letter, at the request of the Commission, to Bobbie Hasert of the Highway Department indicating the support of the Commission for an overpass at Wiederstein Road. Mr. Simonson said if there are no objections, he ~ill have Vice-Chairman Shriver sign the letter so it can be mailed. There were no objections and Mr. Shriver signed the letter. -8- . (c) Presented a couple of suggestions, from a planning point of view, regarding areas he feels the City should consider annexing: 1. The rest of Beck Concrete. It is now a Class 4 landfill and nothing else will go in there. It would also give the City control of both sides of the Creek. Regarding dumping in the Creek, Federal agencies are pointing the finger at local agencies. Vice-Chairman Shriver commented he thought this had about a year ago. Steve Simonson remarked recommendation had never been sent to City Council. been talked a formal 2. Up to the right-of-way of Old Trainer Hale Road. make the map look a little cleaner. This would After further discussion, Mr. Simonson requested that the Commissioners come up with some recommendations of their own and write up their proposal for consideration by City Council. George Vick asked why the area out by Moonlight Meadows had never been annexed. Steve Simonson replied because the roads were not up to City standards, however, the citizens and the County are working together on the improvement of the roads. Gary Bricken asked why there are steve Simonson replied because the many years ago. tombstones in cemetery was the Creek and built that way Mr. Simonson commented there 1S a similar situation at the end of Bubbling Springs where there is a cemetery maintained by a local family. Keith Van Dine mentioned a cemetery 1n the Schirmerville area which is not kept up. Gary Bricken then asked if they are sacred, or could a developer build on top of them. Steve Simonson replied the bodies would have to be moved, at the builder's expense, to an establ ished cemetery, but a developer could build there if he bought the land. Gary Br icken inquired if Steve Simonson replied yes the regulations are met. bodies can still be buried there and they ~an if they have room and all (dl Related that CVADAC puts on seminars each month at the Schertz Library and the one on February 21st will cover the subject of handling the special problems of older people. ~r. Simonson went on to say that a future seninar will involve a tearo frUfo Boerne "ho will present a program on all the latest drugs and drug paraphernalia and will answer questi~ns from citizens. '-"lr. Sioonson told the Commission he will inf~)rm then of the date when it is confirmed. o - J- . Councilperson Ken Greenwald: (al Advised that this Sunday (February 17th), BVYA will sponsor a money-making project whereby you can pick up a BBQ plate dinner at the large pavilion in the park. The price is $3.50 per dinner and the time is from 11:00 A.M. until 3:00 P.M. Gary Bricken commented he had been in Mexico and had observed 60-70 kids playing on a dirt lot with no playground equipment. Mr. Bricken said it just struck him as odd because they were having such a good time and he hadn't seen that in years. There was a brief discussioQ about how nice the Schertz Park is and Mr. Greenwald cold Gary Bricken that if he were to survey the property owners across from the park, he would find that 80% of those who use the park live outside of the area. (bl Brought a copy of the directory mentioned in the Express-News as fueling a feud in suburbia. Mr. Greenwald pointed out it is not a telephone directory, but was put together by a private company. The Commissioners had received a copy of the newspaper article in their packages. #7 ADJOURNMENT Merwin Willman made a motion to adjourn the meeting. Dine seconded the motion and the vote was unan1mous Motion carried. Keith Van in favor. Vice-Chairman Shriver adjourned the meeting at 8:35 P.M. The next regularly scheduled meeting is February 26, 1991. -10- r:::. " ..-, . ,- . MEMORANDUM TO: Planning & Zoning Commi ss~ on~r,l Chairma~ FROM: Jim Shriver, Vice DATE: February 12, 1991 Proposed Self-Study Training Program for Newly Appointed Commissioners SUBJECT: Upon appointment as a Commissioner, he or she receives a large volume of reference material without any guidance as to what to do with it. We do not have any formal training program for new Commissioners - thus the only training they receive is the "seat of their pants" training during our formal meetings. We don't even know if they ever look at the reference material they receive! To assist a Commissioner in becoming a Commission in the shortest possible time, I and offer the enclosed Self-Study Training on my proposal, I need your input. productive member of propose we establish Program. To improve What can we do to improve what I propose? Did I leave off the Guide any vital reference material? Is the format I proposed sufficient? Do we want to "tighten the rains" even more - such as breaking the program down into a two months training program with the Chairman insuring the Commissioner is studying the material? Any other comments? Please be ready to give your input at our next scheduled meeting. . .- ~ ~ MEMORANDUM TO: FROM: Chairman, Planning & Zoning Commission DATE: SUBJECT: Planning and Zoning Commission Self-Study Training Program Congratulations on your selection and appointment to the Planning and Zoning Commission. Commission members-are looking forward to working with you and receiving your input on Commission matters. As a Commissioner you will material which you will need properly do your job. To attached Self-Study Training receive a large volume of reference to study and become familiar with to assist you, we have prepared the Guide. The material listed in this guide has been arranged in the order it should be studied. After you have read the material, enter the date you completed it in the "Date Completed" column. Then go on to study the next item. If you have a question on any part of the material; make a note of it. We will be glad to discuss your questions at our next meeting. In addition to opportunity to Texas Chapter, October of each the Self-study Training Program, you will have the attend formal training sessions at the annual American Planning Association conference held in year. Chairman, Planning & Zoning Commission Encl ~ p .' . CITY OF SCHERTZ PLANNiNG & ZONING COMMISSION SELF-STUDY TRAINING GUIDE REFERENCE MATERIAL DATE QUESTIONS/ COMPLETED ANSWERS Ordinance No. 87-S-9, Ordinance Creatinq City Planninq and Zoninq Commission, Schertz, Texas P1anninq and Zoninq Commission Rules Of Procedures (Art. 1011f VACSI Public Meetinqs: The open Meetinqs Act, Art. 6252-17. Prohibition on qovernmenta1 bodies from ho1dinq meetinqs which are closed to the public "The Citizen's Guide to Zoninq" by Herbert H. Smi th "The Citizen's Guide to P1anninq" by Herbert H. Smi th "The Planning Commissioners Guide" by David J. Allor "The Language of Zoning: A Glossary of Words and Phrases" by Michael J. Meshenberg , "Introduction to Community Planning" bv the Institute of Urban Studies Ordinance No. 87-8-1, Zoning Ordinance Ordinance No. 87-S-11, Subdivision Ordinance Ordinance No. 86-S-28, Sign Ordinance Ordinance No. 87-8-8, Mobile Home Ordinance Ordinance No. 87-M-10, Floodplain Ordinance Ordinance No. 87-S-22, Platting Fees Ordinance Schedule of Fees Ordinance No. 85-H-l6, Animal Control Ordinance No. 90-L-24, Garage Sales Ordinance . '-", ..~ -" Air Installation Compatible Use Zone (AICUZ) Ordinance No. 87-H-25, Junk/Salvage Yard Ordinance Ordinance No. 84-F-23, Capital Recovery Fees Ordinance No. 86-M-26, Indemnification Ordinance Home Rule Charter For The City Of Schertz, Texas Code of Ordinances - City of Schertz, Texas (Large 3-Rlng Red Notebook) "Texas Land Use Law" by Arthur J. Anderson Zoning Bulletins (monthly) The Zoning Report (monthly) Zoning News (bi-monthly) Planning Magazine' (monthly)