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07-10-1990 fJ) if' ~, .j PLANNING AND ZONING MINUTES The Schertz Planning and session on Tuesday, July Complex Conference Room, were as follows: Zoning Commission convened in a regular 10, 1990 at 7:00 P.M. in the Municipal 1400 Schertz Parkway. Those present PLANNING AND ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN BOB ANDREWS, VICE-CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN GEORGE VICK JIM SHRIVER KEN GREENWALD, COUNCILPERSON APRIL LONGORIA LEO LONGORIA SCOTT BARR, SOUTHWEST REMODELERS JERRY BORTEL W.A. GREER CITY STAFF MEMBERS ABSENT HARRY BAUMAN STEVE SHIONSON, ASST. CITY K~NAGER NORMA ALTHOUSE, RECORDING SECRETARY #1 CALL TO ORDER Chairman Brisgill called the meeting to order at 7:00 P.M. ~.M #2 APPROVAL OF MINUTES: Regular Session June 26, 1990 Jim Shriver made a motion to approve the minutes for the regular session June 26, 1990. Bob Andrews seconded the motion and the vote was unanimous in favor. Motion carried, :..; #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS April Longoria asked if this item could be scheduled later in the meeting. She and her husband wish to discuss with the Commission the construction of a bicycle race course in Schertz and, as she explained. her husband would be at the meeting in approximately 10 minutes and she would rather he make the presentation. Chairman Brisgill granted Mrs. Longoria's request and said the Commission will come back to this item later in the meeting. #4 CONSIDER AND MAKE RECOMMENDATION: Request from Southwest Remodelers, on Behalf of Jerry and Roberta Bo.rtel, for a 4' Variance to the Side Yard Setback at 70~ Mitchell (Variance #31-90) Scott Barr of Southwest Remodelers and Jerry Bartel were at the meeting to represent this request. i(.. Chairman Brisgill commented it is his understanding the carport is already built, but the remodeler failed to get a permit ahead of time. Scott Barr affirmed Mr. Brisgill's remarks. Bob Andrews asked Scott Barr if he's licensed with the City of Schertz and Mr. Barr replied yes he is and also bonded - he just failed to take the time. to get a.permit. Steve Simonson informed the Comm1ssion the carport was discovered over a weekend by the new City Inspector and upon checking it over, it was discovered they needed to request a variance due to encroachment into the side yard. Scott Barr brought in pictures of carports ln the same neighborhood for the Commission to review. Merwin Willman asked if there's any kind of penalty when the contractor doesn't get a permit. Steve Simonson replied the City could ask them to take down the carport because it's illegal, but pointed out that Southwest Remodelers and Jerry Bortel have both been very cooperative with the City. George Vick questioned if there penalty on the contractor. To understands the City can charge a isntt this, double some way of imposing a Scott Barr remarked he permit fee. ~~ Chairman Brisgill told Scott Barr the Commission does not jurisdiction over this matter, it is up to City Council. Commission will make a recommendation to City Council. have The Scott Barr inquired as to what else he needs to do and wondered if he should attend the City Council meeting. Chairman Brisgill indicated to Mr. Barr that attending the City Council meeting would be advisable. Bob Andrews related to Scott Barr that the purpose of a permit is not to preclude building, but to protect citizens from those who don't do good work. Mr. Andrews further said if there should be bad work by a contractor, then the City has something to fall back on. Bob Andrews made a motion recommending City Council schedule a Board of Adjustment hearing and approve the request from Southwest Remodelers, on behalf of Jerry and Roberta Bortel, for a 4' side yard setback variance at 700 Mitchell. Merwin Willman seconded the mo.tion and the vote- was as follows: -2- ~ " ~ AyES: T. Brisgill, B. Andrews, M. Willman, J. Shriver NAYS: None ABSTENTIONS: G. Vick Motion carried. Bob Andrews commented there are several other carports in this same neighborhood which are constructed on the lot line, and also that this carport does not encroach on anyone else's property. Merwin Willman asked that in the recommendation it be pointed out that no permit was issued before the carport was built. Mr. Willman said he thinks there should be some kind of penalty. Chairman Brisgill asked Steve Simonson to check on the chronology of the events in this matter and possibly include those in the Commission's recommendation. Merwin Willman brought up the fact that a permit is also used to notify the taxing entity that construction has been done on a particular property. steve Simonson said he will send a letter to both Southwest Remodelers and to Jerry Bortel verifying the Commission's recommendation this evening and letting them know a probable date for the Board of Adjustment hearing. :r:riJ~ -. '5 CONSIDER AND MAKE RECOMMENDATION: Discussion on Improvements Williams & Exchange William Greer's at the Corner of William Greer was present at the meeting. Chairman Brisgill asked for some background on this Item. Steve Simonson informed the Commission there has been a mobile home, a house, junk, etc. on this property as long as he's been living in the City which is since 1974. The gentleman that was living there is ill and moving back east, so Mr. Greer wants to buy the property and clean it up. Mr. Greer wants to put another mobile home on the property and he is here this evening trying to get a consensus from the Commission on their feelings about this as far as recommending it to City Council for a Board of Adjustment hearing. William Greer told the Commission he can buy the lot, but he is here tonight to see if he wants to buy it. Mr. Greer went on to say he will improve the lot and he understands there are two water meters and two electric meters on the property. Mr. Greer said his plan is to put a couple of mobile homes on the property temporarily and then eventually a duplex or two homes. Bob Andrews asked if the property goes from block to block. Mr. Greer replied it is approximately 211' x 100'. -3- Keith Van Dine arrived at the meeting at 7:17 P.M. Chairman Brisgill advised Mr. Greer- that mobile homes allowed in that area and it would require he be permission for a non-conforming use. are not granted George vick asked william Greer if he currently owns mobile homes and Mr. Greer replied he does not. George Vick then mentioned he thinks it would be approximately the same price to put in modular homes and they would be on a permanent foundation. Mr. Greer said he doesn't think he cares for modular homes. .-:0::- Bob Andrews explained to Mr. Greer that the difference between a mobile home and a modular home is that a modular is a home built after April, 1976 that can be brought in and placed on some kind of permanent foundation. Mr. Andrews further said if William Greer is interested in something like this, and it is built in accordance to the Southern Building Code, he should bring plans in for the City to review. Mr. Greer remarked he knows all now he needs to know and he doesn' t think this will be a good investment on his part. Bob Andrews emphasized he would like to see what's on this property removed, but he can't see replacing the current mobile home with another mobile home. Jim Shriver and Merwin Willman both expressed the same opinion and I1r. I~illman added he would recommend to Council that mobile homes not be permitted in that area. "",,,," :ms~ Chairman Brisgill pointed out to William Greer that the Planning and Zoning commission is not the deciding body in this matter, it lS up to City Council. Steve Simonson also pursue it further, Adjustment hearing. told there William Greer that will be a $50 fee if he for a wishes Board to of ~lr. Greer indicated he does not wish to pursue the matter further - he feels he now knows the opinion of the City. George Vick made a motion to recommend to City Council that, should l~illiam Greer decide to pursue the matter further, his request to place two mobile homes temporarily on the property at the corner of Williams & Exchange be disapproved. Merwin Willman seconded the motion and the vote was as follows: AYES: T. Brisgill, K. Van Dine, M. Willman, G. Vick, J. Shriver NAYS: None ABSTENTIONS: B. Andrews Hotion carried. Leo Longoria having arrived by now, Chairman Brisgill returned to Item #3 of the agenda: CITIZENS' INPUT OTHER THAN AGENDA ITEMS. -4- ;~. Mr. Longoria < informed the Commission, if they approve it, he plans to open up a BMX race course on two acres at the old Starlite Theater location. Mr. Longoria continued on saying it will be set up with the American Bicycle Association, children will be coming here to gather points on the point system, it will not be a mud ho~e - lt will be a nice facility, it. is something in which the famlly can get involved, it is good for the community, it is a clean sport, and he will be promoting it. Mr. Longoria also added there will be two events and a practice session per week and insurance will be provided through the ABA. Chairman Brisgill asked Leo Longoria how much latitude he has as far as setting up the racetrack. Mr. Longoria replied he has some latitude, but the American Bicycle.. As.sociation will send someone from Dallas to work with him to oversee the project and they say they can have it set up in one day: Merwin Willman asked Mr. Longoria if he has any plans to get rid of the screen. Mr. Longoria replied he plans to clean up the property, but as far as the screen lS concerned, he is only renting the property. Chairman Brisgill asked for Staff input. ,""'~ :or".. Steve Simonson told the Commission the property involved is in the flood plain, he's sure the contouring can be worked out and he doesn't anticipate any problems. Mr. Simonson further said the area is zoned General Business and an outdoor amusement center, which he thinks this would be classified as, is allowed in that zoning. Mr. Simonson noted that when Mr. Longoria first approached him, the plans were to set this up in an area zoned Neighborhood Services which would have required a Specific Use Permit. Mr. Simonson then went on to say that when Mr. Longoria changed to a location zoned General Business, he thought it was still a good idea for the Commission to listen to Mr. Longoria's plans and give him their feedback. .:....... ;..-~... Bob Andrews inquired as to how much of the Starlite Theater area will be used. Leo Longoria replied the track will be on the higher ground and the lower end will be used for parking. Chairman Brisgill asked Leo Longoria if he plans on utilizing the mobile home, the old concession stand, etc. Mr. Longoria replied he would like to make use of the restrooms, but that is something he would have to work out with Hoover Edwards, the property owner. Merwin Willman commented he would 1 ike to see further. plans on this. Leo Longoria had brought ln a national B~IX oagazine for the members to examine. -5- Jim Shriver a~ked if this will be a profit-making situation. Leo Longoria answered by saying he doesn't think he could make a living off of it, but each rider will pay to rlde and he, in turn, has agreed to pay Hoover Edwards 75c for every rider he has per month.- Jim Shriver asked if there will be ample parking to which Mr. Longoria replied there will be. Jim Shriver then asked if the access to the along where the used car dealer is located replied yes. Jim Shriver inquired if it will Longoria replied it will not. Merwin Willman remarked he would like to see a site plan. property will be and Mr. Longoria be paved and Mr. Chairman requires confirmed Brisgill asked for confirmation that this Item no action on the part of the Commission. Steve simonson saying no action by the Commission is required. Steve Simonson commented maybe the Commission could get a pencil drawing for future reference. George Vick emphasized that the Business and Mr. Longoria wants there. area 1.8 to put already zoned General a genera 1 business in ,,;" p"" Chairman Brisgill recommended Mr. Longoria work with the City on this because the area is in the floodplain. Bob Andrews asked what the hours of operation will be. Leo Longoria replied no later than 10:00 P.M., and he will have to work within the guidelines of the ABA. Chairman Brisgill advised Leo Longoria to check with the Economic Development Task Force of the City - they could help him promote this. steve Simonson told Mr. together, he can come necessary permits. Longoria that once the plans to the Inspection Department are for all the Leo Longoria thanked the Commission for their support. #6 CONSIDER AND MAKE RECOMMENDATION: Comprehensive Plan The Commission had received, in their packages, updated pages to the City plan regarding the overall policy statement, goais and objectives, history, location,. community facilities, climate, vegetation, wildlife, groundwater, geology, soils and their uses, soil textures, central business district, d.ra inage and flooding, stormwater drainage system, solid ""aste disposal, nOl.se, transportation and future land uses. -6- One thing Steve Simonson questioned (about the Comprehensive plan) in his notes to the Commission was whether they want everything included in a single package or different areas broken out possibly as .appendices. Jim Shriver suggested individual subject categories for administrative ease. Steve Simonson reminded the Commission they will have to wait for some of the information until the Census figures are available. Mr. Simonson also mentioned the possibility of considering site plan drawings of existing facilities. George Vick mentioned that maps Comprehensive Plan, they should somewhere else for reference. shouldn't really be be an addendum and in the located After discussion on where the plan is and where it still needs to go, it was decided the Commission should look over this updated material and have all their additions, corrections, comments, etc. ready for the next meeting. Chairman Brisgill material so the duplicate copies. requested that the members keep hold of this recording secretary doesn't have to make Steve Simonson related that he will have additional information for the Commission at the next Deeting. ~j;;j Keith Van Dine made a motion to table further discussion of the Comprehensive plan until the next meeting. George Vick seconded the motion and the vote was unanimous in favor. ~Iotion carried. #7 GENERAL DISCUSSION Bob Andrews: (a) Referred back to the previous Item, adding that the Citizens' Leadership Panel and the various Departments had worked on these goals for the Comprehensive Plan and he feels their suggestions should be taken into consideration. George Vick: (a) Asked when, as a body, the Commission is planning on going to the APA conference in Fort Worth. (Steve Simonson told Mr. Vick that in previous years most have normally gone up on Wednesday evening and come back on Friday evening, although this is up to the individual. Mr. Simonson said he would like to have the members' decisions by the second meeting this month.) (b) Has Universal City no control over the mobile homes going up on FM 1518 toward Selma? He is concerned about septic tank residue in the Creek. (Councilperson Greenwald said that area is in the County and the County Sanitarian has to approve the septic permit before the tank is installed. Mr. Greenwald also remarked -7- ,. that drivers who move mobile homes have to inform the County where such mobile homes have been dropped.) Keith Van Dine: (a) Pfeil Road has been improved tremendously - the area where it was like a roller coaster has been straightened out and made safer. (b) There have been two water line breaks in the Schirmerville area. (Steve Simonson said they have been averaging two breaks per week in the old Schaefer system.) (b) There' s a meeting scheduled this month of the Randolph Property Owners Association regarding a change in the school district boundaries from East Central school district to Samuel Clemens school district, but East Central doesn't want to change because they would have to give up a mile of 1-10. (c) Could you explain the penalty on the water bill? (Steve Simonson said it's on there if the bill isn't paid by a certain date.) Mr. Van Dine admitted he had misunderstood and thought it was a penalty for not conserving water. Jim Shriver: ~ (a) Does the City have a Health Inspector? yes they do. He goes out periodically establishments. Steve Simonson said to check on various Mr. Shriver then asked if the Health Inspector submits monthly reports and Councilperson Greenwald replied yes he does. (b) Are we into mandatory water conservation yet; Councilperson Greenwald replied it will be mandatory ten days after the second. reading of the ordinance and that reading will be on July 17th. On this subject, George Vick asked how he will be notified. Councilperson Greenwald replied by newspaper and the Newsletter. Mr. Greenwald said if San Antonio goes on mandatory conservation, then the same applies to Schertz. Steve Simonson remarked there are stages with penalties if you use over a certain amount of gallonage. Councilperson Greenwald commented he thinks the stages are: (Stage 1) 15,000 gallons and over you pay an additional $2.00 per thousand gallons, (Stage 2) 13,000 gallons and over you pay an additional $3.00 per thousand .gallons, and (Stage 3) 10,000 gallons and over you pay an additional $4.00 per thousand gallons. Mr. Greenwald added there are provisions for agricultural use. -8- ,. .:;>, Keith Van Din~)questioned if the City will still sell water, for example to companies with tank trucks, when we're into rationing. Steve Simonson indicated he isn't sure and will have to check into it. Bob Andrews wondered, as far as the figures go, if there's any compensation for businesses or are they talking about residences or are they talking about a blanket figure. Councilperson Greenwald related there are exceptions, but he thinks the figures are set up basically for residential consumption. Merwin Willman suggested Bob Andrews stop by the Municipal Complex and read the ordinance. George Vick once agaln notified and Chairman personnel at City Hall expressed concern over Brisgill suggested he if he has any doubts. how he check will with be the (c) Brought Lubbock. pictures from the APA conference last year ln Merwin Willman: (al Referring to previous discussions on mobile homes, modular homes and manufactured homes, stressed the need to update the Mobile Home Ordinance. Councilperson Ken Greenwald: ~i! (a 1 CVADAC 7:00 P.~1. will hold a seminar July 19th at the library at (bl State regional girl's softball either the 18th or 19th of July expecting 61 teams to participate. tournament will be held from through the 22nd. They are Steve Simonson: (al ado Riedel intends to open up the Bexar County side of Pecan Grove Mobile Home Park by August 1. He will repair the bridge railings, put in the necessary floodgates, install flood warning signs, and when ready to use the lift station, will move the controls up out of the flood area. It appears after the utilities are hooked up and the property cleaned up, there are already 10 mobile homes ready to be moved in. Merwin Willman asked about the rear exit. Mr. Simonson said it would be the same agreement as before - for use as an emergency exit. (bl We now have a preliminary new. floodplain map and it shows the Shirmerville area. It also shows the City has 177 structures within flood hazard areas. -9- Chairman Brisqfql: (a) Was anything ever done about John Lund filling ln the creek? (Steve Simonson replied nothing was ever done.) (b) Could the new inspector attend one of our meetings? (Steve Simonson said he would arrange it. Mr. Simonson continued on saying the new inspector is Steve Whelchel, a journeyman electrician with 15 years experience who he feels he will be an asset to the City.) (c) The fourth of July parade had 41 entrees this year and was very nlce. 18 ADJOURNMENT Chairman Brisgill adjourned the meeting at 8:40 P.M. The next meeting is scheduled for July 24, 1990. ~ ~ -10-