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10-10-1989 n/s \. ' PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, October 10, 1989 at 7:00 P.H. in the Municipal Complex Conference Room, 1400 Schertz parkway. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN JOE POTEMPA, VICE-CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN BOB ANDREWS GEORGE VICK JIM SHRIVER KEN GREENWALD, COUNCILPERSON DELL RICHERSON, VFW JOHN BUNKER, VFW MARK BUNSEY, REAGAN NATIONAL ADVERTISING NOLAN EDWARDS, VFW HUGO ACKERMANN CITY STAFF STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SEC'Y. #1 CALL TO ORDER Chairman Brisgill called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session September 26, 1989 Merwin Willman made a motion to approve the minutes for the regular session September 26, 1989. Jim Shriver seconded the motion and the vote was as follows: AYES: T. Brisgill, J. Potempa, K. Van Dine, M. Willman, G. Vick, J. Shriver NAYS: None ABSTENTIONS: B. Andrews #3 CITIZENS INPUT OTHER THAN AGENDA ITEMS Hugo Ackermann asked to speak to the Commission at this time. According to Mr. Ackermann, he is having a problem with the City Inspector, Don Brodeur. Mr. Ackermann received a certified letter from the City asking him to remove the junked vehicles from his property within 10 days. Mr. Ackermann acknowledged he had a lot of cars for parts on his property and therefore volunteered to take care of the situation. He made plans with his son to haul off the cars. In the meantime he hurt his back and was in the hospital and then on crutches for a while and could hardly move for about six weeks. Mr. Ackermann spoke with Don Brodeur about needing extra time, but says he gets the impression he is being solely picked on. He spoke with both Commissioner willman and Councilperson Hartzog about the problem. Mr. Ackermann says Don Brodeur was upset because he spoke to these people. He says he is completely dissatisfied with the inspectorts attitude and that the inspector keeps threatening to file on him. Mr. Ackermann al so claims he was not informed by the inspector, in the beginning, that he could put up a privacy fence to screen the vehicles from public view or that's what he would have done. He has gotten a permit for the fence, but it will take some time because he can't afford to hire someone to put it up and he will have to do it himself. His wife is ill and dying and she needs his attention also. Mr. Ackermann reiterated his dissatisfaction with the inspector's attitude. He says he is not a criminal. He has lived here all his life, he has been in law enforcement, and there's no reason for this guy to talk to him like 'he's 'dirt or mud. He also asked again why he had not been informed about the option of putting up a fence or received a copy of the ordinance saying he had to do so. Chairman Brisgill informed Mr. Ackermann the Commission has no jurisdiction over a City employee's actions and suggested he speak to either Steve Simonson or Kerry Sweatt about that. .....::... Chairman Brisgill, referring to the 10 days, told Mr. Ackermann that is the length of time a person has to file for a hearing. As far as a copy of the ordinance, there are certain procedures outlined for notifying people in violation of the Junked Vehicle Ordinance and they should have been followed. Hugo Ackermann commented the inspector made him mad when he told him not to talk to his neighbors or to Council. Chairman Brisgill responded to this by telling Mr. Ackermann he is welcome to call the Commissioners and/or Council anytime. Bob Andrews pointed out to Mr. Ackermann that the 10 days is within the jurisdiction of the Commission and if a person has extenuating circumstances, then the Commission has the authority to grant them an extension or a variance. Chairman Brisgill then asked Steve Simonson if this problem can be handled through the Inspection Department and Mr. Simonson replied yes. Hugo Ackermann thanked the Commissioners for their time. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Request from the VFW for a Variance to the Sign Ordinance Permitting a Second Free-Standing Sign at 1000 FM 78 (Tabled 9-26-89) (PC #158-89) -2- Dell Richerson, John Bunker and John Evans of the VFW were at the meeting to represent th1s request. Chairman Brisgill reminded the Commission this item had been on the agenda of the last meeting and had been brought up for a vote to disapprove, but with only five members present, a vote of 4 to 1 was needed for the motion to pass and the vote was 3 to 2, therefore it is on the agenda again-this evening. Dell Richerson had provided the Commission with copies of the 1990 schedule showing organizations who will be using the Post for their own fund raisers. Bob Andrews asked why the VFW can't use the sign they al ready have. Dell Richerson repl ied the sign is too high (a truck is needed to change it), and it is also too far back. Nolan Edwards explained the sign currently there is for use of the VFW, they want another sign out front to use strictly for announcing community activities and fund raisers. Bob Andrews pointed out the second slgn would still be the VFW's slgn. Jim Shriver asked if when FM 78 lS widened will there be room for the sign the VFW is requesting. ;.p Dell Richerson replied as far as he knows there will still be room and steve Simonson added the Highway Department will need somewhere between 5 and 10 feet in that area. George Vick questioned why some of the organizations who plan to use the VFW Post for fund raisers haven't come in and requested their own s.ign. Chairman Brisgill responded by saying it doesn't matter, the variance request is for the VFW. Merwin Willman commented, that if he's reading it correctly, the VFW intends to take the portable sign and fasten the legs down, and if so, it will still be a portable sign. Chairman Brisgill remarked the VFW would still need to mount the sign on two poles. Bob Andrews indicated his main concern is still the number of signs on the property. Chairman Brisgill said that's why they're asking for a varlance. Nolan Edwards asked if it would help if organizations who are going to use the write a letter to the Commission. they had Post for some fund of the raisers -3- Chairman Brisgill replied it would not help, but the thought lS appreciated. Bob Andrews asked if the gentlemen from the VFW know that the reason for a portable sign permit lS to 1 imi t the number of portable signs. Chairman Brisgill reminded the Commission they need to focus on the request for a second free-standing sign. Jim Shriver commented it is a no win situation. VFW's point, but then every other business wi 11 free-standing sign. He can see the want a second Bob Andrews asked if there is any way the portable sign can be affixed to the free-standing sign already there so there's two message boards. Dell Richerson replied it would be very expensive and pointed out the VFW is the only non-profit organization that has this many fund raisers. Bob Andrews stated they are not the only business, though, asking for extra signs. Keith Van Dine made a motion to grant the request from the VFW for a variance to the Sign Ordinance permitting a second free- standing sign at 1000 FM 78 with the stipulation the sign be mounted on two poles. Joe Potempa seconded the motion and the vote was as follows: AYES: T. Brisgill, J. Potempa, K. Van Dine, J. Shriver NAYS: M. Willman, B. Andrews, G. Vick ABSTENTIONS: None The motion passed by a vote of 4 to 3. Steve Simonson told Dell Richerson he will send him a letter officially notifying him the variance was granted. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Mark Bunsey, on Behalf of Reagan National Advertising, for a Variance to the Sign Ordinance Allowing a Billboard with 672 Square Feet on IH-35 N (Tabled 9-26-89) (PC #159-89) Mark Bunseywas at the meeting to represent this request. Chairman Brisgill remarked this had been tabled at the last meeting because Mark Bunsey had not been given a sign ,variance request form to fill out. Mr. Brisgill continued' on saying Mr. Bunsey has now filled out the form and also submitted some pictures for the Commission's review. -4- steve Simonson commented, as far as size is concerned, apparently we are below the industry standards in our ordinance. Jim Shriver asked what is going to be on the sign and Mark Bunsey said an advertisement for Sea World. Chairman Brisgill noted according to the sign variance form, they are also asking for a 25 ft. variance to the setback requirements and asked why. Mark Bunsey replied that is the number of feet the signs are currently set back. Chairman Brisgill then asked if it will be a monopole and Mark Bunsey said yes. Mr. Brisgill then determined the pole will be back 50', but the side of the sign will only be back 25' and Mark Bunsey said that is correct. Bob Andrews asked Mark Bunsey if he knew the average size of the signs along IH-35. Mr. Bunsey said they vary from 12 x 25 to 14 x 48. Joe Potempa asked how far apart the signs are that are shown in the picture and Mark Bunsey replied approximately 500 feet. Mr. Bunsey explained the signs had been "grandfathered" when the ordinance went into effect. Mr. Bunsey also noted he will be taking down two signs and replacing them with one which will be the required 1500 feet from another sign. There was some discussion on the location of the sign and Mark Bunsey mentioned the Sea World advertisement will be on the side of the sign you can see as you're heading for San Antonio - he has nothing for the other side at the moment and it would be a good place to display the new Schertz logo 14 feet high along wi th "Welcome to Schertz". steve Simonson indicated he might possibly get back to him on that suggestion. Bob Andrew~ made a motion to recommend approval of the request from Mark Bunsey, on behalf of Reagan National Advertising, for a variance to the Sign Ordinance allowing a distance of 25 feet instead of 50 feet of setback from the property line and also allowing an increase from 500 square feet to 672 square feet per side of the billboard face, provided the two existing smaller signs are removed and replaced with one sign. Keith Van Dine seconded the motion and the vote was as follows: AYES: T. Brisgill, K. Van Dine, M. Willman, B. Andrews, G. Vick, J. Shriver NAYS: J. Potempa ABSTENTIONS: None Motion carried. #6 CONSIDER AND MAKE RECOMMENDATION: Discussion and Review of Junked Vehicle ordinance -5- Chairman Brisgill asked if any of the Commissioners had spoken with someone at the conference from another city who had a similar ordinance. Everyone who had attended the conference said no. George vick said he had spoken with some who thought it was a great idea. Chairman Brisgill then said he would like to table this item. Mr. Brisgill indicated he has some thoughts and ideas and he needs the thoughts and ideas of the Commissioners. Mr. Brisgill went on to say there needs to be a differentiation between an antique car, a car being restored as a hobby and a junked vehicle. It was suggested they check around with other cities. George Vick asked what it is that constitutes an antique and what constitutes a classic. Chairman Brisgill answered there are certain criteria, according to state law, they have to meet. George Vick pointed out that a car being restored by a hobbyist is not necessarily an antique. Bob Andrews said, in his opinion, a person restoring a car who 1S working on it regularly and in an orderly manner should not be penalized by having his car called junk. Merwin Willman suggested that perhaps someone who belongs to an antique organization may know of an ordinance. Chairman Brisgill asked the Commissioners to write up their ideas and requested this item be tabled until the next regularly scheduled meeting. '7 CONSIDER AND MAKE RECOMMENDATION: Comprehensive Plan Discussion and Review of Not everyone had brought their copy of the recommendations from the Citizens Leadership Panel. Chairman Brisgill suggested the Commission go through those recommendations one by one since they are part of the process invol ved in the updating of the City Comprehensive Plan. Chairman Brisgill requested this item be tabled until the next regularly scheduled meeting. '8 GENERAL DISCUSSION steve Simonson: (1) Asked if everyone had noticed the two old trailers on E. Live Oak Road and Schertz Parkway are gone. (2) On October 19th the City is participati~g 1n an LCRA tour. There will be CEOts here from major companies of the north and northeast and they take them around and show them the area and also available propert~. This is the 'combined effort of Schertz, Cibolo, GVEC and the Economic Development Development Task Force. -6- (3) Also on October 19th, the Randolph Metrocom Chamber of Commerce is sponsoring a trade fair at the Bluebonnet Palace and the City has been asked to participate. Merwin Willman: (1) What happened to the proposed changes to the Sign Ordinance discussed at the June 27th meeting? They were never voted on. steve Simonson said they had been sent to Council with all the other proposed changes to the Sign Ordinance (pennants, flags, banners, etc.) because he had understood the review and rewriting of parts of the Sign Ordinance was an ongoing process and the vote to recommend the changes included all the changes that had been agreed upon by the Commission during that reviewing process. Several of the Commission understanding also. members said that was their (2) On March 28th the Commission had a letter from Don Brodeur, City Inspector, asking them to consider reviewing the height requirement for fences in residential areas and the use of barbed wire in the City. Nothing has been done about it. Bob Andrews commented, if the Commission recalls, that was not an agenda item. There was discussion about it with the consensus being the ordinance covering those situations is good as it stands. (3) Ordinance No. 89-S-28, Amendment to the Zoning Ordinance, Page 6, Paragraph e. has a blank line where a date needs to be entered. The Commis~ion agreed September 19, 1989 (the date it was signed by the Mayor) needs to be put in that blank space. (4) On the request for a sign variance form filled out by Mark Bunsey of Reagan National Advertising, question 3 where it asks for an explanation of why they cannot conform to the present Sign Ordinance, the reason stated doesn't tell him anything. Steve Simonson pointed out Mark Bunsey knew what the ordinance said, but he referred to the state standard for billboards, which is different from ours, and told us what he wanted. Bob Andrews said he understood from the reason stated it was clear they could conform to the present ordinance, but they wanted a bigger sign, so they requested a variance. It wasn't a case of they can't conform, but a case of wanting a bigger sign. George Vick: (1 ) Wondered whose responsible offshoot from Schertz Parkway needs to be removed. for cleaning up the because there's some roads that trash that -7- (2) Is the skateboard ramp legal? (Steve Simonson replied it is on private property and they have the permission of the owner.) Mr. Vick referred to a previous ramp saying the City had asked the people to remove it. Mr. Simonson said even though that was on private property it was not on their own property and there had been complaints about the noise. Jim Shriver: (1) Thanked Norma Althouse the Commission's attendance conference ran smoothly. for all the time spent making at, and participation in, the sure APA (2) Remarked that the letters sent to the Citizens Leadership Panel thanking them for their efforts were sent to three people not on the panel. Also, one person who served on the ~anel was not sent a letter. (3) Asked who makes up the agenda. Steve Simonson replied he and his secretary do from items submitted by citizens requesting to be on the agenda and from items that the Commission requests be on the agenda. Mr. Shriver said he would like to volunteer to teach an Economic Development Course at the APA Conference next year. Keith Van Dine: Said he didn't have anything to bring up for general discussion, but Chairman Brisgill asked him if he had gotten any suggestions on a new name for a portion of the Binz-Englemann road. Mr. Van Dine replied he had gotten no feedback. Merwin Willman suggested the Commission go ahead and come up with some possible names. Bob Andrews: (1) Remarked a letter should be sent to the APA thanking them for a successful conference. Mr. Andrews added, for the record, that Ty Brisgill did a fantastic job in making his presentation. Steve Simonson said he seconds that opinion. .~.... Steve Simonson commented a lot of interest was shown toward Schertz because they make use of the talent in their own City rather than going out and hiring a professional consultant. Bob Andrews noted that the professional planner had given accolades to Ty Brisgill for his presentation. Joe Potempa: (1) Informed the Commission they had all received copies of the annual -report he wrote up fqr submittance to City Council. -8- (2) OnIH-35 where Caulfield and Busby have not yet finished putting up their fence, there has been a flea market there for the last four weekends. Steve Simonson acknowledged the fence is not completed yet, there are two openings - one is a sl iding gate and the other is the part that's not completed. Mr. Potempa expressed concern about the traffic problems caused by people parking on the side of the road to stop at the flea market. One car pulled out in front of him. Mr. Simonson said he had already spoken with the Police Chief about "No Parking" signs, bU.t would check into it again. Chairman Brisgill: (1) Thanked everyone for their support at the conference. (2) Questioned if there's any way the Commission can obtain information about the average size of the billboards on IH-35 and 1-10. (steve Simonson said he will check into it.) Mr. Brisgill said the Commission may need to take a look at the ordinance regarding the size of billboards. (3) The payless on fM 1103 has a portable slgn. Do they have a permit? (steve Simonson related that most of the portable signs he has checked on have had permits, but he will look into it.) (4) Has there been any further input on the arrows being painted on the entrance/exit off Schertz Parkway to Winn's and Wuest's? Steve Simonson repeated what he said at the last meeting about hearing from Haywood Wilson of Winn's who said he would be glad to pay his fair share if someone could get all the parties involved to cooperate. Mr. Simonson commented there had been no other feedback, but the Commission can go back and ask again. George Vick briefly mentioned talking to someone from Keller, Texas about their park fees and thought they were rather high compared to those being charged by Schertz. Steve Simonson said Schertz has about the lowest fees in this immediate area. Merwin Willman mentioned the forms they received in their package at the conference saying he had filled his out and suggested the others do the same. Joe Potempa reminded Chairman Brisgill the Commission needs to appoint anew historian for the coming year. Chairman Brisgill said th~ annual report also. needs to be approved, so he requested approval of the annual report and appointment of a new historian be placed on the agenda of the next meeting. -9- . . Merwin Willman commented, that in talking with others at the APA conference, he discovered_ that Schertz 1S way ahead 1n many instances. steve Simonson noted that this Commission gives yeoman serV1ce compared to many other Planning and Zoning Commissions. Bob Andrews expressed the opinion that the Commission is far ahead due to one factor - the support they get from the City. Mr. Andrews said he had talked to a lot of people who had to pay their own way with no support from their City. Councilperson Ken Greenwald said in all his years of going to TML he has found Schertz to be about ten years ahead. Mr. Greenwald emphasized that everything that transpires in the City starts here - the Commission is a guiding force and Council appreciates it and thanks them for it. Mr. Greenwald also mentioned to Chairman Brisgill, now that it has started, they need to keep the dialogue going on input from small cities. Chairman Brisgill informed the Commission 1n case they hadn't heard, the Board of Adjustment overruled the Commission's recommendation and is allowing steven Lance to locate an R.V. in Windy Meadow. r~<:" '9 ADJOURNMENT Chairman Brisgill adjourned the meeting at 8:30 P.M. The next regularly scheduled meeting is October 24, 1989. -10...