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01-09-1990 . FI LE PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, January 9, 1990 at 7:00 P.M. in the Municipal Complex Council Chambers, 1400 Schertz Parkway. Those present were as follows: PLANNING AND ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN JOE POTEMPA, VICE-CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN BOB ANDREWS GEORGE VICK JIM SHRIVER COUNCILPERSON KEN GREENWALD GLENN HOFFPAUIR, VINTAGE CUSTOM HOMES DENNIS WOOTON, CONOCO INC. HAROLD STONE, PAYLESS GAS JOHN WILKERSON, SOUTHWEST NEON EDGAR VON SCHEELE HARRY RICHBURG CITY STAFF STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SEC'Y. '1 CALL TO ORDER Chairman Brisgill called the public hearing to order at 7:00 P.M. #2 PUBLIC HEARING: Vacate and Replat - PC #160-89 To receive citizen input on the Homes, Inc. for a vacate and replat Savannah Square Subdivision, unit I. request from Vintage Custom of Lots 13 and 14, Block 7, Chairman Brisgill explained the procedures to be followed for the public hearing, noting this is the only time to speak - comments will not be permitted after the public hearing is closed. Glenn Hoffpauir of Vintage Custom Homes, Inc. was at the public hearing to represent this request. steve Simonson reported that according. to Article II,. Section 16.5 of the Subdivision Ordinance, 21 letters had been sent to property owners within 500' of the proposed vacate and replat. Mr. simonson said 2 letters had been returned, both in favor of the vacate and replat. Bob Andrews asked if all the corrections to the plat had been taken care of as requested and Steve Simonson said yes they had. Those corrections were as follows: a. Replace the word Original with Vacate. b. Plat must contain statement concerning the 100 year flood plain. c. Plat must be signed by owner and surveyor. d. Replace statement for Commissioners Court of Guadalupe County to sign the plat and replace it with proper statement for recordation iri Guadalupe county. Merwin Willman remarked on the new trees on Lot 13 and asked if they would have to be replanted. Glenn Hoffpauir indicated that the people requesting the replat are the ones who planted the trees and they say none of them will have to be disturbed. There being no further questions or comments, Chairman Brisgill closed the public hearing on Item #2 at 7:05 P.M. 13 PUBLIC HEARING: Overlay District Variance - ZC #90-1 John Wilkerson of Southwest Neon, Dennis Wooten of Conoco and Harold Stone of payless Gas were at the public hearing to represent this request. They are requesting a 13'7" variance to their proposed sign for Payless Gas located at 900 Jack Hays Blvd., which is in the Overlay District. Steve Simonson reminded the commission they need to make a recommendation to Council on this request. Mr. Simonson said three letters were sent to property owners within 200 feet and one letter was returned and it was in favor of the variance. John Wilkerson asked, now that they have the area marked off which will be taken when the highway is widened, is the City going to grant them a variance for the sign height. Merwin Willman commented he thought the widening of Jack Hays Blvd. had been taken into consideration before. Steve Simonson informed the Commission, that following the last meeting, he had gone over to payless with these gentlemen and pretty much discussed where the new sign will be. Mr. Simonson said it will be located outside the area of the proposed right- of-way. Bob Andrews inquired then if they had physically looked at the survey stakes and Steve Simonson said yes. There being no further comments or questions, Chairman Brisgill. closed the public hearing on Item #3 at 7:09 P.M. '4 ADJOURNMENT OF PUBLIC HEARING Chairman Brisgill adjourned the public hearing at 7:10 P.M. -2- The Schertz Planning session, after the Conference Room. and Zoning Commission convened in a regular public hearing, in the Municipal Complex #5 CALL TO ORDER Chairman Brisgill called the regular session to order at 7:15 P.M. '6 APPROVAL OF MINUTES: Regular Session December 12, 1989 Joe Potempa requested that on page 2, at the end of Paragraph 1, the following be added: "Merwin Willman asked the effect~ve date of the extension given to Dorothy Breezee on behalf of Micki Combs. The effective date for the 30 day extension was from 12- 11-89 to 1-11-90. Bob Andrews made a motion to approve the the regular session December 12, 1989. the motion and the vote was as follows: minutes, as amended, for Merwin Willman seconded AYES: T. Brisgill, J. Potempa, M. Willman, B. Andrews, G. Vick, J. Shriver NAYS: None ABSTENTIONS: K. Van Dine Motion carried. 17 CITIZENS' INPUT OTHER THAN AGENDA ITEMS Edgar Von Scheele made a brief presentation to the Commission at this time. Steve Simonson informed the Commission Mr. Von Scheele had been in to see Mr. Sweatt about possible development on one of his properties in the City. Mr. Sweatt checked into it and told Mr. Von Scheele it would be possible for him to give an informal presentation to the Commission just to get their input on the proposed development. Mr. Von Scheele said the property is across the street on Schertz Parkway and Pecan where the lift station is located. Mr. Von Scheele continued on saying it is their intent to bring a standard street in from Pecan Drive next to the cul-de-sac, realign the drainage channel and have Vaughan Homes (hopefully) build homes on 13 lots. Eleven of the lots will be 50' x 120' and two of the lots will be 50' x 100'. Steve Simonson said then we're talking about building garden homes and Mr. Von Scheele indicated that is correct. Jim Shriver asked if the homes would be on both sides of the street and Mr. Von Scheele replied yes they would. -3- George Vick pointed out that part of the property backing up to Schertz Parkway is zoned for General Business and Merwin Willman said there would have to be a request for a rezoning. Chairman Brisgill asked if the staff had a chance to provide any input and Steve Simonson replied no, the idea was just to have an informal presentation and get the Commission's input. There was discussion on the lots facing the interior street with the. backs of the lots being to Schertz Parkway. Steve Simonson noted the City already has a precedence for fenced areas facing a major road. George Vick questioned the realignment of the drainage channel asking if they would use concrete. Edgar Von Scheele replied he would leave that up to the engineer. Steve Simonson remarked that sometimes easier to maintain City's equipment. an area of flat velocity without rip rap, when using is the Chairman Brisgill asked the Commission if they have any problems with this concept. The consensus was they have no problems. Merwin Willman commented he would be interested in seeing future plans. Jim Shriver asked what kind of time frame Edgar Von Scheele is talking about and Mr. Von Scheele replied that depends on the builder. Bob Andrews asked what size road they plan on putting ~n and Edgar Von Scheele said the standard 50' road. Chairman Brisgill thanked Mr. Von Scheele for his presentation. #8 CONSIDER AND TAKE APPROPRIATE ACTION: PC #160-89 Vacate and Replat Merwin Willman made a motion to approve the request from Vintage Custom Homes, Inc. for a vacate and replat of Lots 13 and 14, Block 7, Savannah Square Subdivision, Unit 1. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. Steve Simonson informed Glenn Hoffpauir he would send him a letter officially notifying him of the Commission's approval. 19 CONSIDER AND MAKE RECOMMENDATION: ZC #90-1 Overlay District Variance Jim Shriver made a motion to recommend to City Council approval of the request from John Wilkerson, on behalf of payless Gas at -4- 900 Jack Hays Blvd., for a 13'7" variance to the requirements of the Overlay District Section of the Zoning Ordinance. Joe Potempa seconded the motion and the vote was unanimous favor. Motion carried. ~n Chairman Brisgill informed the gentlemen representing this request that the Commission's recommendation will be forwarded to City Council. Mr. Brisgill said Council has a public hearing scheduled for February 6th at which time they will make a .final decision. no GENERAL DISCUSSION: A. Discussion of Planning Magazine November, 1989 article "Writing a New Sign Language" Merwin Willman had written a memo to the commission, which was included in their packages, about an article in the November, 1989 Planning Magazine. The article had to do with procedures establ ished by Phoenix, Arizona and Chula Vista, Cal ifornia in regard to signs. Mr. Willman told the Commission he would like to have their comments. Jim Shriver remarked he had read the article and thinks it's worth looking into. George Vick said a lot of what was ~n the shopping malls, but there may be something which would be of value to the Commission. article appl ies to in their ordinance Merwin \~illman indicated he will send for the ordinances from Phoenix and Chula Vista if the majority of the Commission thinks he should. The consensus of the Commission was for Mr. Willman to go ahead and send for the ordinances. B. Regular General Discussion Joe Potempa: At Schertz Parkway and IH-35, the contractors dug up the road to lay telephone cable. They then put metal strips over the areas where they had dug. Now the metal strips have been removed and there's big ruts in the road and someone is going to lose a front end in there~ (Steve Simonson said he would check on it.) Bob Andrews: Has anyone Transtar? status from seen any activity as far as (Steve Simonson said he will the Inspection Department.) Micki Combs moving her check into and get the -5- Keith Van Dine: Coming east On 1-10, they are redoing the access road. Mr. Van Dine asked Steve Simonson if he knows of any plans for the road. (Mr. Simonson said it's the State Highway Department who is doing the work, but he will check into it.) Jim Shriver: (a) Said he has been hearing a lot about a has never seen one. Would it be possible (Merwin Willman told Mr. Shriver he comprehensive plans which he may borrow.) comprehensive plan but to get a copy of one? has copies of some Steve Simonson advised Jim Shriver there are standards for a City Plan. no definite Mr. Simonson continued on saying the City has had input from the citizens by means of a survey, they have had input from the Citizen's Leadership Panel and he has sent all that material out to the various departments with a letter asking for their input. Mr. Simonson also said he had sent an addendum to his letter suggesting they write meaningful objectives for their goals with more definitive information on how they are going to achieve those goals and how much money will be needed. Mr. Simonson said it will take longer to get this input back from the departments because of asking for more definitive information, but he feels he should have it back by early March. (b) At the main entrance to the Municipal Complex, where there's traffic going both ways, wouldn't it be to the City's advantage to put up a "Caution Cross Traffic" sign? There was discussion on this with Steve Simonson saying it had been talked about many times at Staff meetings, Bob Andrews suggesting the furthest exit be designated for emergency vehicles only leaving the other two exits for everyone else, and Chairman Brisgill suggesting the painting of arrows. Steve Simonson said he will mention it again to the Staff. (c) Has there been any feedback yet regarding the traffic study at Lindbergh and Main Streets? Steve Simonson said no there has not. (d) Asked the status of the garage sale sign ordinance and the Board of Adjustment hearing for Hoover Edwards. Councilperson Ken Greenwald reported the Council had reviewed the garage sale sign ordinance at the last workshop and the B.O.A. for Hoover Edwards is scheduled for February 6th. It was asked if action on the garage sale sign ordinance had been tabled and Mr. Greenwald replied that Councilman Hartzog and City -6- Manager Kerry Sweatt want to research some things regarding the ordinance. Merwin Willman mentioned that some members of the Council want the garage sale sign to be a standard "For Sale" sign, some want the City to issue permits for the signs and some want-there to be a designated area where the signs can be posted. Mr. Willman also indicated that some of Council recommended it be sent back to Planning and Zoning and he informed them there was no use to send it back because the majority of the Commission is against it and you won't get any more out of them. Merwin Willman: (a) Asked if scheduled for a year now. the agenda of the name change for Binz-Engelmann Road could be the next agenda since it has been in the works for (Chairman Brisgill requested this item be placed on the next meeting.) (b) Spoke about the upcoming publ ic hearing on zoning of the newly annexed areas. Mr. Willman said one of the most frequently asked questions is how the zoning will effect the taxes and he thinks the Commission should refer persons asking that question to the County Appraisal District. Mr. Willman said the next most frequently asked question ~s how the zoning will effect the use of the land now and he feels that question should be answered, but the Commission should not get into the future use of the land. Discussion on this ended with the suggestion that copies of the Schedule of Uses for land in the M-1 and RIA zoning districts be provided for the citizens attending the public hearing. (c) Made copies of an article on manufactured homes which was in the Sunday Express-News. Mr. Willman said the City's ordinance on these is way out of date and needs to be corrected. (d) Referring to Steve Simonson's notes to P&Z regarding the December issue of the Planning Magazine (saving open spaces through pocket development), said the same information was in the October, 1988 Zoning News and he had written for it. Mr. Willman said he has all the information 'if anyone wants to borrow it. Mr. Willman commented that the area he had in mind is FM 1518 South because it is so beautiful and it would be a shame to clutter it up. Steve Simonson remarked there are a lot of possibilities in the Schirmerville area because of the AICUZ. Jim Shriver than asked what control the City has and Steve Simonson replied the zoning. -7- Bob Andrews mentioned including verbage in the RIA zoning section of the ordinance, spelling all this out, to eliminate the need for having to rezone. Jim Shriver inquired as to whether the City Council gets the APA magazine and was informed they do not, but they do get literature from TML. Councilperson Ken Greenwald informed the Commission there is a complete book available on the subject which sells for $25.00 plus postage and the Commission has a budget. if they wish to purchase the book. Councilperson Ken Greenwald: (a) The BVYA Softball Tournament will be held July 20-22. This year it will not be different states, but instead will be only cities in Texas (interstate) and they eventually hope to build it into a World Series. (b) The Mayor will be receiving a letter from CVADAC outlining their accomplishments of the past year. Mr. Greenwald said it is amazing what CVADAC has done. Mr. Greenwald continued on saying it was recommended the Schertz Business Club distribute this letter. CVADAC needs for people to get involved. Jim Shriver asked if they receive funding from United Way and was informed they do. Bob Andrews asked how United Way did in their fund drive this year and Steve Simonson said he hadn't heard. Mr. Greenwald indicated that CVADAC needs items such as a couch, a TV and chairs. Jim Shriver asked why not advertise in the Newsletter and Mr. Greenwald replied they are trying to keep it low key. Keith Van Dine mentioned a salvage organization in Kirby for non- profit organizations where you can get some really good buys. Steve Simonson remarked they are seeking new board members and noted they meet the first Monday of every month. Steve Simonson: Regarding the flags at Jack Hays and IH-35 - Diamond Shamrock has bought the property. The representatives from Diamond Shamrock have requested a sign variance and their request will be scheduled on the agenda of the next meeting. -8- Chairman Brisgill: (a) Requested that the transfer, from the Zoning Ordinance to the Sign Ordinance, of the sign requirements for the Special Overlay Districts of Jack Hays Blvd. and Schertz Parkway be placed on the agenda of the next meeting. Bob Andrews wasn't sure he agreed with this, but said it does need to be discussed. (b) What is the status of the proposed change to the Junked Vehicle Ordinance? (Councilperson Greenwald said they are still waiting for legal to make a decision regarding the recommendation of the phrase "aesthetically appropriate".) (c) Noted that Dallas' Sexually-Oriented Business Ordinance had been invalidated by the courts. (Councilperson Greenwald said the reason it had been invalidated was because that was the only business, according to Dallas' ordinance, which was required to get it's permit from the Police Chief.) (d) Brought up the subject of the better insulation of water lines and asked if it is more expensive to build the homes originally with stricter requirements in the Building Code versus having the homeowners do repairs later. Councilperson Greenwald replied yes it is. Steve Simonson commented he is pretty sure the City Water Department will work with you if you have to leave water running during a freeze. Chairman Brisgill asked Mr. Simonson to check on that and let the Commission know for sure if it is a bona fide policy of the City. Mr. Simonson said he would do so. Steve Simonson said just for the Commission's information, the next day after the freeze the City received 74 calls, 72 of which were about frozen lines or broken pipes. Mr. Simonson advised that a lot of the frozen lines were those for automatic ice makers and those for water softeners where people have unheated and uninsulated garages. Jim Shriver mentioned the Police Department Protection Program and the very good job they do for you when you are gone. Joe Potempa spoke about a gentleman named Randy who works for the Water Department and how he had helped at Mobile Villa when there was a broken pipe. Mr. Potempa fel t Randy's he lp was above and beyond the call of duty and said he had let the City Manager know about this and had commended Randy for his work. (e) What is the status of landfills as far as small cities are concerned? (Councilperson Greenwald repl ied the land available for landfills is depleting, but you can use recycling as a start and the City most definitely needs to get something going.) -9- (f) Pointed out the number of times the Commissioners have brought up code violations as far as Shady Tree Mechanics, Maureen Busby's fence, cars parking between "No Parking" signs, the new tire business, etc. and wondered if it is worth their time. Mr. Brisgill feels something should be done about these violations and if nothing is going to be done, then the Commissioners should stop bringing them up. Keith Van Dine suggested using the Reserve Officers for these types of things. Joe Potempa told Steve Simonson leaking up near Caulfield's. (Mr. on it.) there is Simonson a City water line said he would check (g) What is the status of Bishop's Center? (Steve Simonson said the City ~s working with them and gave them a 30 day time frame.) George Vick: (a) In the Universal accident? (Steve responder wi II take assigned area shows will ask the first situation.) City area of FM 1518, who takes care of an Simonson advised that usually the first control until the emergency crew from the up, and then sometimes the emergency crew responder to stay on and help with the 111 ADJOURNMENT: Chairman Brisgill adjourned the meeting at 8:40 P.M. There is a public hearing scheduled for January 23, 1990. -10-