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11-14-1989 ~D7r; . r PLANNTNGAND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, November 14, 1989 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: . PLANNING & ZONING COMMISSION OTHERS PRESENT JOE POTEMPA, VICE-CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN BOB ANDREWS GEORGE VICK JIM SHRIVER KEN GREENWALD, COUNCILPERSON TONY BAGWELL, RIMROCK CONSULTING MICKEY FISHBECK, RIMROCK CONSULTING JAMES ANDERSON, ETJ REP. HOOVER EDWARDS ROD & KAREN ULIN MICKI COMBS MEMBERS ABSENT TY BRISGILL, CHAIRMAN CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SEC'Y. JOHN BIERSCHWALE, WATER/WASTEWATER SUPT. PAUL DENHAM, FORD ENG. #1 CALL TO ORDER In the absence of Chairman Ty Brisgill, Vice-Chairman Joe Potempa called the meeting to order at 7:00 P.M. #2 EXECUTIVE SESSION: Called Under Article 6252-17, Vernon's Texas Civil Statutes, Section 2 (9) for Briefing by Rimrock Consul ting Co. to the SB336 Advisory Committee and Support Staff Regarding the Study on Capital Recovery Fees Vice-Chairman Potempa announced there will not be an executive session - the briefing from Rimrock Consulting will be held as an open seSSlon. Tony Bagwell and Mickey Fishbeck of Rimrock Consulting were present at the meeting. Tony Bagwell explained to the Commission the purpose of their ,1Jask is to bring utility fees into compliance with S8336 passed by the legislature, and the deadline for doing this is June 20, 1990. Mickey Fishbeck informed the Commission there are impact fees for (1) water, (2) sewer, (3) local roadways, and (4) drainage. The only exemptions are on-site roadways and in certain circumstances developers who are constructing or oversizing water/sewer lines. Ms. Fishbeck related that the process for the Commission will be in two steps. The first step is to look at land use assumptions and the second step will be the development of a CIP (Capital Improvements Plan) on which the fees are based and the establishment of the fees themselves. Ms. Fishbeck commented it 1S the Commission's legislative responsibility to file written comments five working days before the second public hearing is held. Ms. Fishbeck continued on saying they will be developing a record for the City in case of legal developments in the future. She also commented that after three years, the City must look at the CIP and see if the fees need to be updated. Tony Bagwell pointed out that Rimrock's role in this process 1S to provide technical information and to coordinate everything. Jim Shriver asked, if after the initial CIP is developed, will this be an ongoing process. Tony Bagwell repl ied it should be reviewed twice a year. Jim Shriver then asked if at the end of three years the City will need to hire another consultant. Mickey Fishbeck said not necessarily. Tony Bagwell emphasized they are leaving behind a notebook method of procedure so that possibly the next time the process needs to be done it can be done on an in-house basis. Bob Andrews mentioned reviewing the plan every three years, five years, etc. and Mickey Fishbeck informed him it can be updated whenever the City feels it needs to be. Merwin Willman remarked he had noticed in his reading that if a developer overpaid, the City has to refund, but if a developer underpaid, the City can't ask for more. Tony Bagwell commented you can deduct from that it 18 a developer legislation. steve Simonson asked if we're only looking at water. Tony Bagwell repl ied they had been assigned water /\vastewater. Mr. Bagwell said there had been some talk about drainage, but it had been put on hold until a future time. Mr. Bagwell indicated th~t ~s something the City will need to decide. .! i steve Simonson then and Tony Bagwell asked if answered we're the locked into only water/sewer Council could amend their -2- '.' '. assignment and the work would probably require about an extra thirty minutes per meeting. Mr. Bagwell noted that for the current workload, it is probably going to require six meetings and two public hearings. Councilperson Ken Greenwald suggested having Steve Simonson get together with Tony Bagwell and work out a schedule for the meetings starting from the crit-offdate and working backwards. Bob Andrews made a motion to recommend that Steve Simonson get together with Council and Tony Bagwell and work out a schedule for the meetings starting from the cut-off date and working backwards. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. Tony Bagwell reminded the Commission they are specifically charged as the Advisory Committee which is a planning exercise to come up with reasonable fees. Mr. Bagwell stressed the need to be careful about unit cost. At this time John Bierschwale reviewed the Capital Recovery Fee Ordinance and explained the current process used by the City for these fees. Mr. Bierschwale said the way the fees are structured now they are based on square footage. Tony Bagwell asked when the fees are collected and John Bierschwale replied ,when the permit 1S issued. ~ Tony Bagwell gave a few examples of how other cities collect their fees. Merwin Willman suggested reviewing what the City currently has and then seeing if a change is needed. Tony Bagwell told the Commission that for every $1.00 in cash collected in impact fees and applied to construction, you can avoid about 220% of money that would have gone into the rights. This concluded the briefing by Rimrock Consulting Company. #3 CONSIDER AND MAKE RECOMMENDATION: Planning Recommendation as a Resul t of from Rimrock Consulting Co. and the Zoning's Briefing Since there was not an Executive Session, Item #3 was deleted. Vice-Chairman Representative Council. Potempa to the introduced James Advisory Committee Anderson, appointed the by ETJ City ,At this time the Commission took a five-minute break. -3- . .0 _odd. ... ~.__.._ 0.0 ~. #4 APPROVAL OF MINUTES: Regular Session October 24r 1989 George Vick made a motion to approve the minutes for the regular session October 24,1989. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #5 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #6 CONSIDER AND MAKE RECOMMENDATION: Request from Hoover Edwards for a Variance to the Zoning Ordinance to Allow Placement of a Mobile Home, for Security Reasons, Next to the Concession Stand on the old Starlight Theater Grounds Vice-Chairman Potempa asked for Staff input. . Steve Simonson informed the Commission a similar request from Hoover Edwards had been handled previously through the Board of Adjustment. Mr. Simonson said since the Commission cannot grant a variance to the Zoning Ordinance , it is his suggestion they recommend this request to Council for a Board of Adjustment hearing. Hoover Edwards was present at the meeting and briefly explained the reason for his request. Mr. Edwards explained he had stored some PVC pipe on the grounds and some of it was stolen. Mr. Edwards said there is a timed light in the mobile home. Also, Mr. Edwards assured the Commission he will keep up the property, and he could get letters from surrounding businesses who like the idea of a mobile home in the area for security reasons. Vice-Chairman Potempa asked Mr. Edwards if he is going to use the mobile home for a storage facility and he replied he will use it for security. Jim Shriver asked if someone is going to live in the mobile home and Mr. Edwards replied there will be someone there at night. Bob Andrews asked if there is sewer on the property and Hoover Edwards replied there is a septic tank. Bob Andrews noted that at the time the City Council approved Mr. Edwards' previous request, they had asked for his help in removing the movie screen. Mr. Andrews wanted to know the status of the screen. Hoover Edwards reported the screen to be in good shape and e~pressed hopes of opening up a mOV1e business again, sometime in the future. George Vick mentioned there are three mobile homes, not one. -4- Hoover Edwards said he is j st requesting one mobile home on the old Starlight Theatergrou dsand spoke of his cooperation with the request from Tom Dovey to move two of his mobile homes from Schertz Parkway when there ere visitors touring the City. Merwin Willman pointed the Board of Adjustment had granted Mr. Edwards' previous uest for eighteen months and had stipulated three other con iderations, so he feels this request should go back to the Board of Adjustment. Bob Andrews made a motion to recommend the request f rom Hoover Edwards for a variance to t e Zoning Ordinance to allow placement of a mobile home, for sec rity reasons, next to the concession stand on the old Starlight Theater grounds be forwarded to City Council for scheduling 0 a hearing before the Board of Adjustment. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. Steve Simonson told Hoover dwards he will send him a letter with all the information regardi g the Commission's recommendation. #7 CONSIDER AND TAKE APP OPRIATE ACTION: Ulin of 117 Valley Oak Time to Comply with Ordinanc Request from Roderic for an Extens ion of the Junked Vehicle Roderic and Karen Ulin we e at the meeting to represent this request. Vice-Chairman Potempa asked for Staff input. Steve Simonson said he thought it would be best if Rod Ulin explained his situation. Rod Ulin explained that, b fore he can take care of the vehicle in violation, the matter a hand is the paying off of a loan on an '84 Lincoln for which an '81 Buick was used as collateral. Mr. Ulin said the Buick was registered in his mother's name and the Lincoln was registered in his father's name and both parents are now deceased. Mr. Ulin said before his father's death he had been appointed his guardian. Mr. U 1 in further stated that because his father had let the insurance lapse on the Lincoln, there are some complications with the bank as far as the credit life insurance is concerned. Bob Andrews asked how long ago Rod U 1 in had been appointed guardian and Mr. Ulin said approximately one year. Merwin Willman asked Rod Ulin how long he thought it would take to straighten out this complication. Mr. Ulin replied hopefully ,within a couple of weeks. Hr. Ulin indicated his attorney has written a letter to the Schertz Bank. -5- Bob Andrews asked why not tabl e the meeting. Merwin Willman wondered why days. request until not table it the for next sixty Bob Andrews made a motion to table the request from Roderic Ulin of 117 Valley Oak for an extension of time to comply with the Junked Vehicle Ordinance for sixty days at which time the vehicle in violation will have to be moved, sold, disposed of or made legal. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. Bob Andrews requested Rod Ulin's attorney's address as a courtesy to the Commission. steve Simonson told Rod Ulin he will send him a letter outlining the Commission's recommendations. Mr. Simonson also asked Mr. Ulin to let him know before the 60 days are up if he sees a problem in resolving the situation within this time frame. #8 CONSIDER AND TAKE APPROPRIATE ACTION:" Request from Micki L. Combs of 5214 Irola Drive for an Extension of Time to Comply with the Junked Vehicle Ordinance ~.2: Micki Combs was at the meeting to represent this request. Vice-Chairman Potempa asked for Staff input, but steve Simonson said there was none. Micki Combs told the Commission her situation and said she thought she had pretty much explained it in her letter. Ms. Combs said she had a trucking business, but her partner left her "holding the bag" financially and she is unable to come up with the funds to get her vehicles into compliance with the ordinance. Bob Andrews asked Ms. Combs if she had made any attempts to sell the truck and she said yes she had. Ms. Combs also informed the Commission a Dorothy Breezee holds a note on the truck. George Vick asked if she had advertised. Micki Combs replied she had not advertised, she 1S not living at the address and she can't afford storage. Vice-Chairman Potempa asked Ms. Combs who is feeding her dogs and she replied she is - several times a week. Vice-Chairman Potempa then asked Ms. Combs when the truck was towed into her yard and she replied probably in October of 1988. Micki Combs commented she did not understand why the Cougar had been called a nuisance. Vice-Chairman Potempa read her the definition from the Code of Ordinances. Ms. Combs said the car is not visible unless you go right up to her property. -6- Vice-Chairman Potempa mentioned the first letter which was sent and not claimed making it necessary for the City to send a second letter. Micki Combs remarked she does not pick up her mail every day, so the yellow slip of notification from the Post Office might have blown away. Keith Van Dine asked if she had looked into selling her truck on consignment. Ms. Combs said she had, but the vehicle has to be in running order. Leonard Truitt, Asst. City Inspector, spoke at this time saying when the City sent the letter to Ms. Combs they were not aware there was a personal lien on the vehicle. Mr. Truitt remarked they have not sent a letter to the lienholder. After a brief discussion about the lien, Bob Andrews made a motion to table the request from Micki L. Combs of 5214 Irola Drive for an extension of time to comply with the Junked Vehicle Ordinance until the Inspection Department has notified all effected parties. Keith Van Dine seconded the motion and the vote was unan1IDOUS in favor. Motion carried. steve Simonson informed Micki Combs he will send her a letter verifying the Commission's recommendations. Vice-Chairman Potempa asked what action the City will take if there is no response from Dorothy Breezee. steve Simonson replied there are two options either have the vehicle towed away or issue a citation. #9 CONSIDER AND MAKE RECOMMENDATION: Discussion of Concurrent Zoning for the 5 New Territories Being Proposed for Annexation steve Simonson related the City would like to close up some areas that anticipate development. Mr. Simonson said problems arise when part of an area is in the City limits and part of it is not. Mr. Simonson said tract #1 includes Stone Creek R.V. Park, tract #5 includes the Gutierrez landfill, George Barnard's property, two tracts along Dietz Creek and FM 78, and tracts #2,#3, and #4 are areas the City wishes to close in. Mr. Simonson reminded the Commission the zoning can be done simultaneously with the annexation. Merwin Willman suggested an M-1 zon1ng for tract #1. Bob Andrews remarked it could be zoned M-1 with a Specific Use ~~rmit for the R.V.Park. -7- steve Simonson advised the Commission he had heard stone Creek R. V . Park is f i 1 ing bankruptcy and suggested maybe Floyd McKee should be contacted to see what type of bankruptcy. Merwin Willman pointed out the Commission should be thinking about what the best use is for the land. steve Simonson commented tract #1 could be zoned M-l and what 1S currently there stays there as a nonconforming use. Merwin Willman then suggested that tracts #2, #3 and #4 be zoned RA (Residential/Agriculture). For tract #5, steve Simonson suggested a combination of GB below FM 78 and PO for the rest which would include the landfill, two farms and some property of George Barnard's. Bob Andrews made a motion to recommend to City Council that tract #1 be zoned Light Manufacturing (M-1), tracts #2, #3 and #4 be zoned Residential/Agriculture (RA) and tract #5 be zoned Predevelopment (PD) with the exception of that small portion south of FM 78 which is recommended to be. zoned General Business (GB) to conform to the surrounding zoning along the south side of FM 78. It was also recommended this zoning run concurrently with the annexation process. ~: George Vick seconded the motion and the vote was unan1mous 1n favor. Motion carried. #10 GENERAL DISCUSSION Bob Andrews: (a) Noticed a Cibolo garage sale sign at Wuest's last weekend. Can the City do anything about signs like this? (steve Simonson said if the signs are illegal, then the City can take them down.) Keith Van Dine: (a) The citizens of the Schirmerville area are pleased that the holes in Pfeil Road have been filled in. The City did, however, miss a hole on Ware-Seguin. (Steve Simonson said he is sure they will fix the one on Ware-Seguin.) Jim Shriver: (a) Referred to the letter 1n his package from John Lund and asked Steve Simonson if he is happy wi th Mr. Lund's answer. (steve Simonson said no he is not.) .Kb) Asked the question again about needing more consultants in three _years for the impact fees. Councilperson Ken Greenwald said the possibility exists, but supposedly Rimrock Crinsulting is leaving software behind with the basic format and information. -8- ( c ) Asked scheduled beginning. why the at the sessions with Rimrock consul ting can't end of the regular meetings instead of be the Steve S.imonson said the Advisory Committee could be scheduled first and the people on the agenda for the regular session could be told not to come until about 8:00 P.M. Mr. Shriver said he still prefers the seSSlon with Rimrock Consulting at the end. A poll of the other members was taken, and with the exception of Bob Andrews, they all preferred to have the seSSlons with Rimrock Consulting at the end. steve Simonson advised the Commission he will inform Tony Bagwell of their wishes. Georqe Vick: (a) Had noticed the dead cow on Schertz Parkway today. (Steve Simonson said they had to find a rendering company to remove it and their charge is $45.00.) (b) Commented on the basketball court set up at the back of Mobile Villa and was told by Vice-Chairman Potempa he had put it there a number of years ago. .,' ',. Merwin Willman: (a) Asked the status of Don Decker's proposed Pamela Subdivision. (Steve Simonson said he hadn't heard.) Steve Simonson: (a) Asked the Commissioners how many of them know Jeff Gaston and then related a story about a 300 pound pig that got loose this past week and how everyone expected Jeff to be able to capture it. Mr. Simonson said finally a nice man offered the use of his equipment to help, but they found the pig had wandered away and no one has seen it since. Councilperson Greenwald: (a) Both the Commission and the Council received copies in their packages of an article on "Green Spaces" which was in the Sunday Express News. (b) Back some time ago a 101 front yard setback variance \vas granted to Savannah Square and now when the residents park their Cars in their driveways, the cars hang out over the edge. t-1r. Greenwald said to keep things like this in mind when considering granting a variance. -9- (c) Asked if there were any significant developments from the meeting on Jack Hays Boulevard. steve Simonson reported the City now has a right-of-way map and will be contacting sixteen landowners. Mr. Simonson said they will move along as fast as they can, but the Highway Department is estimating between eighteen months and two years before the process is completed. (d) According to the paper they are going to let the contract on IH-35 with construction to start in January. steve Simonson commented the widening of FM 78 is still moving forward, but it will take some time. Mr. Simonson said the railroad will grant the 20 feet. Vice~Chairman Potempa: (a) Mentioned the letter from Debbie Moeller of Pacific Southwest Bank and said he hopes something can be worked out between the parties involved. (b) Asked if there's any way the City can request the company working along the IH-35 access road to get a flagman. (steve Simonson said he will check with Mr. Sweatt.) 5': (c) There's a new business on IH-35 near Maureen Busby called All Time Tire Changers. Before the meeting was adjourned, Jim Shriver asked if anyone knows anything about the "Classic Car Museum". He was informed by a couple of the members it is in no man's land. #11 ADJOURNMENT Bob Andrews made a motion to adjourn the meeting. Jim Shriver seconded the motion and the vote was unanimous in favor. Motion carried. Vice-Chairman Potempa adjourned the meeting at 9:54 P.M. The next regularly scheduled meeting is November 28, 1989. 'I , Ii -10-