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09-12-1989 t ~ _to *- PLANNING AND ZONING MINUTES The Schertz Planning & Zoning Commission convened in a regular session on Tuesday, September 12, 1989 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz parkway. Those present were as follows: PLANNING & ZONING COMMISSION MEMBERS ABSENT TY BRISGILL, CHAIRMAN JOE POTEMPA, VICE-CHAIRMAN MERWIN WILLMAN BOB ANDREWS GEORGE VICK JIM SHRIVER KEN GREENWALD, COUNCILPERSON CITY STAFF KEITH VAN DINE, SECRETARY OTHERS PRESENT WILLIAM PEDEAUX ROGER RICKETTS SHARON RICKETTS DAVID JACKSON LEON DAVIS HARRY RICHBURG 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 August 22, 1989 Bob Andrews made a motion to approve the minutes for the regular session August 22, 1989. Merwin Willman seconded the motion and the vote was as follows: AYES: T. Brisgill, M. Willman, B. Andrews,G. Vick, J. Shriver NAYS: None ABSTENTIONS: J. Potempa Motion carried. #3' CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND MAKE RECOMMENDATION: William Pedeaux, 3701 Forsyth Park - Request for Variance to the Side Yard Setback Requirements of the Zoning Ordinance in Order to Allow Placement of a Storage Shed William Pedeaux was at the meeting to represent this request. Chairman Brisgill asked for Staff input and steve Simonson said there was none. 'J, r,.>.,-,e;.,'-7'" '-'-".co.;,; ,. " ", . ..,~~ :,""~';':'~'~'~~~:~"',,-;:.','''-:,'''::~~'::~'~'',,:~:::":~, ,~"-,,,~~,,"...,,..,,,...,-, ,.,...<.."'.,.,c......;..:..,.,.,;,.,:;_"....:..~.. ._.~ ,... ~..._"_... :...:...~ f In his letter of request, Mr. pedeaux had stated his goal is to be able to use the garage for both cars, which is physically impossible at this time. George Vick asked why this is impossible and Mr. Pedeaux replied because he has to use part of his garage for storage, (lawnmower, edger, shovel, tools, etc.) and therefore does not have enough room for both cars. Mr.Pedeaux stressed the need for a storage building as a place to put these things. After a brief discussion regarding the gradient of the land on Mr. Pedeaux' s property, the location of the trees and the 12' easement in the back, the Commission agreed the side yard seemed the only feasible place for Mr. Pedeaux to locate a storage shed. Merwin Willman made a motion to recommend to City Council that the request from William pedeaux, 3701 Forsyth Park, for a variance to the side yard setback requirement of the .Zoning Ordinance, to allow location of a storage shed, be scheduled for a Board of Adjustment hearing. Bob Andrews noted he would second the motion if it stipulated that the storage shed be no closer than 2 and 1/2 feet to Mr. Pedeaux's house and be located behind the privacy fence. The Commission agreed to so stipulate and the vote was as follows: AYES: T. Brisgill, J. Potempa, M. Willman, B. ~ndrews, J. Shriver NAYS: G. Vick ABSTENTIONS: None Motion carried. Steve Simonson informed William Pedeaux he will be notified by letter of the date for the Board of Adjustment hearing on h.is request. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Robert Derrick - Request Junked Vehicle Ordinance Roger Ricketts of 916 for Variance to the Roger and Sharon Ricketts were at the meeting to represent this request. Roger Ricketts emphasized that according to webster's Dictionary his car is not a junked vehicle and went on to say it is an antique, it is well over 35 years old. Mr. Ricketts continued, saying his car is covered, is not in his yard, and is hard to find unless you are looking at his house because it is under the carport cover. -2- Mr. Ricketts informed the Commission he had restored one vehicle i~ the past and he has recently bought two others, one which is on his property and another which is in storage in Cibolo. Mr. Ricketts brought in pictures of his cars for the Commission to see. f 'I ' Mr. Ricketts further stated he had participated with his antique car, by request, in the opening of the Schertz Parkway and in several Sche~tz 4th of July parades. Mr. Ricketts further stated that old cars are as valuable to the public as are old buildings. Merwin Willman tried to e~plain the definition of a junked car in Webster's Dictionary versus the definition of a junked car according to the Ordinance, remarking that the definitions in an ordinance do not always have the same meanings as those listed in the dictionary. An ordinance, as with computers and various occupations and professions, has it's own language. Chairman Brisgill asked if the car is licensed and Mr. Ricketts said it is not because he does not have a title, he will have to apply for a rebuilder's title. Bob Andrews asked if the inspection requirements for an antique vehicle are the same as for other vehicles and was informed by Mr. Ricketts they are. Bob Andrews asked - Roger Ricketts if he could possibly put the antique car in his garage. Mr. Ricketts replied no, the other car, a twin to this one, is in the garage which means he would have to move it out every time. Chairman Brisgill informed Mr. Ricketts he sympathizes with his situation, but the Commission has to work within the confines of the Ordinance which requires some type of screening around the vehicle to keep it from public view. Roger Ricketts asked the Commission for suggestions on how he can fence or screen his car from public view and then asked if he is allowed the privilege of seeing the letters that were sent to other citizens regarding junked vehicles. steve Simonson informed Mr. Ricketts he is welcome to come into City Hall anytime and take a look at the list, the records are open to the public. Bob Andrews suggested the possibility of putting up slat fencing with a drive through gate, but Mr. Ricketts felt that would make it too hard to move his car in and out. At this time, Sharon Ricketts spoke and told the Commission that if they expect the citizens to follow a City ordinance, the City should follow it' s own ordinance and serve notice proper ly. Mrs. Ricketts .then stated they had not received a certified letter. -3- Upon questioning by the Commission, Mrs. Ricketts explained that the City Inspector had spoken to her at her place of employment about the new ordinance and had given her a blank copy of the form letter that is sent to those in violation. At this point Bob Andrews made a motion to have this item stricken from the agenda because the notification was improperly valid. Joe Potempa seconded the motion and the vote-was unanimous in favor. Motion carried. After the vote, Roger Ricketts admitting he knows they are just buying time until they are officially notified, asked. if the Commission couldn't grant them 120 days to comply. Bob Andrews informed him the Commission cannot do that. Mr. Andrews also mentioned to Mr. Ricketts that from tonight's discussion, he should have a pretty good idea of what the ruling will be when he gets his official notification. Mr. Ricketts then asked if there is anyone to whom he can appeal his case and Bob Andrews informed him he can appeal to City Council. Roger Ricketts commented he is more than a little disappointed in the City for it's stand on this. There are worse things out there that need to be cleaned up. Mr. Ricketts stated that he feels, in all f~irness, 'he should be exempted from this ordinance. Jim Shriver said he would like to address this matter. Mr. Shriver pointed out to Roger Ricketts this ordinance has been in effect for only two months, a lot of letters have been sent out and a lot of people have complied. Jim Shriver invited Mr. Ricketts to drive around the City and take a look, there are those citizens who have been storing junked vehicles, which are nothing but trash, in their yards for many years and the City lS trying to get things cleaned up. steve Simonson emphasized it's impossible to write an ordinance for every case and that's why there's an appeal process. Roger Ricketts then commented he could have Commission and gone straight to City Council. informed Mr. Ricketts that was incorrect. The Zoning Commission is part of the process, but a appeal the Commission's decision to City Council. bypassed the Bob Andrews Planning and citizen may Bob Andrews remarked to Roger Ricketts, that in his opinion, it had not been demonstrated to the Commission that it is a hardship for him (Mr. Ricketts) to comply with the ordinance. -4- Councilperson Ken Greenwald related he would mention to City Council the possibility of Planning and Zoning re-reviewing the Junked Vehic Ie Ordinance insofar as the screening requirements are concerned. Mr. and Mrs. Ricketts thanked the Commission for their time. Both Steve Simonson and Chairman Brisgill apologized to Mr.. and Mrs. Ricketts for the inconvenience. #6 CONSIDER AND MAKE RECOMMENDATION: Discussion on Proposed Change to Subdivision Ordinance Regarding Parkland This item was tabled from the August 22nd meeting to give the Commission time to review it more carefully and come up with any other recommendations and/or changes. (Copy of original proposals attached. ) Following discussion at the August 22nd meeting, Merwin Willman had written up the following suggested changes: Section 24.8 Monev-in-Lieu-of-Land Paragraph a. and Paragraph b. stay the same. ~~"'7: ' Add: c. Land acquisition for neighborhood parks by the City shall be within a 1/2 mile radiug-of the subdivision which generated the funds. d. Acquisition of land could occur beyond the 1/2 mile radius but within a distance which enables the land acquired to be of direct benefit to the nearest residents of the subdivision which generated the funds. e. In all cases, the funds will not be spent for non-acquisition purposes until it becomes clear that the City will be unable to acquire land suitable under Paragraph c. and d. above within the five (5) year limit imposed by this Section. f. Lacking the opportunity to acquire additional lands within a reasonable distance to serve the residents of the subdivision which generated the funds, the funds shall be spent on improvements of existing park facilities which may be reasonably expected to be used by residents of said subdivision. Previous Paragraph c. (All required fees and letters of credit must be paid/posted as a part of the final plat approval) now becomes Paragraph g. One further_change suggested by Merwin Willman was-as follows: -5- I:". ~. Section 24.9 Special Fund: Right to Refund Paragraph b. w............ Any funds paid for such purposes must be expended by the City within 2 years from the date .........." Change 2 years to 5 years. The Commission reviewed Merwin Willman's proposed changes, made other changes, and clarified answers to any questions they still had. Among those sul?jects discussed were the development of a subdivision by units, dedication of parkland at the time the Master P Ian is approved, dedication of parkland by metes an~ bounds, notations needed on the plat, and what happens to money given in-lieu-of-Iand when the developer backs out. The Commission made the following changes; 24.4 Dedication of Less than Two (2) Acres WheW less than two (2) acres is required to be dedicated ,the City shall have the right to accept the dedication for approval on the final plat, or refuse same, and to require payment of cash-in-lieu-of-land. \ Change "City" to City Planning and Zoning Commission. 24.7 Development of Subdivision by Units When the subdivision is to be developed in stages or by units and the final platting of the park area to be dedicated is to be included in the second or later unit, the subdivider shall complete or deliver to the Planning and Zoning Commission, with the final plat of the first unit of said subdivision, a contract subject to City Council approval, executed by the subdivider, providing for the future dedication of such park. The form of such contract shall be provided by the City Attorney. Delete the word "future". 24.8 Money-in-Lieu-of-Land a. Subject to recommendation of the Planning and Zoning Commission and final approval by the City Council, a landowner responsible for dedication of land may elect to meet the requirements of this Section in whole or in part by a cash payment in-lieu-of-land. Such payment in-lieu-of-land shall be made at or prior to the time of final plat approval. Change the first sentence around so the paragraph reads as follows: a. A landowner responsible for dedication of land may elect to meet the requirements of this Section in whole or in part by a cash payment in-lieu-of-land, subject to recommendation of the Planning and Zoning Commission and final approval by. the City Council. Such payment in-lieu-of--land shall be made at or prior to the time of final plat approval. -6- Article II, Section 15, Para. 15.5 Specifications Merwin Willman had recommended four items be added as Paragraph r. The Commission agreed to leave in items (1), (2) and (3) and delete item' (4). Chairman ~risgill indicated he would like to have these recommended changes approved by the legal department. Merwin Willman made a motion to recommend to City Council approval of the proposed changes, as amended, to the Subdivision Ordinance regarding parkland. Bob Andrews seconded the motion and the vote was unanimous in favor. Motion carried. 17 CONSIDER AND MAKE RECOMMENDATION: Ordinance Discussion on Sign This item was tabled at the August 22nd meeting to give the Commission time to review,- input from other cities' Sign Ordinances and come up with something workable for the City of Schertz. Following discussion at the August 22nd meeting, Merwin Willman had written up the following suggested changes: Article III Definitions (Page 3) 1. Recommend the'.following preface definitions: For the purpose of this Ordinance, the following terms, phrases, words, and their derivations, shall have the meaning given herein. 2. Recommend Para. 1, Banners, Flags and Pennants, be deleted and the following be added to Para. 4, Sign, in the appropriate alphabetical position: Sign, Banner: Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind, supported by wire, rope or similar means. Sign, Flag: National flag~ political, professional, religious, educational or those of corporate organizations, providing such flags, emblems and insignia are displayed for non-commercial purposes. Sign, Pennant: A long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or other similar non-rigid material. Used to announce grand openings and/or special events. Sign, Streamer: A long, narrow strip of cloth, colored paper or ribbon used separately or with- banners or pennants to- announce grand openings ~nd/or specia~ events. -7- -, Substitute the following definition for the current definition: Sign, Free-Standing: A sign which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary,. Sign, Wall: Any sign that shall -be affixed parallel to the wall or.printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of ,the building. For the purpose of this definition, the wall shall include window area. 3. Recommend the following changes to Article VI, Signs Permitted 1n All Business, Commercial and Manufacturing Districts (page 8): Section 3, Banners, Flags, Pennants, streamers. 3a. Banners bearing advertising matter shall be considered wall or free-standing signs depending upon mounting, and shall meet all regulations pertaining thereto. Permit required. 3b. Pennants and streamers are permitted for use in conjunction with banners for the announcement of a grand opening of a business and/or a special event. Permit required. ,Jj 3c. Any banners, pennants or streamers found to be obsolete or in need of repair will promptly be brought to the attention of the owner. The sign(s) will be removed or repaired within 10 days of the date of the written notice. 3d. Cloth banner signs without frame may project over and across street right-of-way provided they are of a non-commercial nature, not for private profit events. The banners shall be at least fourteen (14') feet from the street grade. Permit required. 3e. National and/or state flags are permitted. Flags which an emblem or logo of a firm or corporation are permitted. flag shall exceed thirty-two (32) square feet, and the top of pole will not exceed twenty-five (25') feet in height from ground. Permit required for the construction of a flag pole. show No the the Chairman Brisgill mentioned the survey taken by the Schertz Business Club regarding the Sign Ordinance and the fact that Planning and Zoning has discussed the ordinance many times. Mr. Brisgill said he wasn't sure what else could be done, but he wants the City to come up with a Sign Ordinance that is enforceable. At this time the Commission written up by Merwin Willman. discussion: discussed the proposed changes Folluwing are the results of that -8- Section 3, Banners, Flags, Pennants, streamers Para. 3a. - change to read as follows: Banners bearing advertising matter shall be considered an adjunct to wall or free-standing signs. For the purpose of mounting, they shall meet all regulations pertaining thereto. Para. 3b. - delete "Permit required". One other item previously discussed was the date for signs to be brought into compliance. This is contained in Article VIII, Non- Conforming Sign Abatement, Paragraph 11. The Commission agreed it should be changed from Jan. 1, 1990 to Jan. 1, 1995. It was thought this would give the businesses ample time to comply and the City ample time to provide each business with a copy of the Sign Ordinance. At the June 27th meeting, other changes to the Sign Ordinance.'" were recommended (copy attached) and they will be included with the changes recommended at tonight's meeting. George Vick made a motion to recommend to City Council approval of the proposed changes, as amended, to the Sign Ordinance. Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. ;~, i8 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion on Annual Report to City Council Historian Joe Potempa is working on the annual report and commented he hopes to present it to the Commission at the next meeting. This item was tabled until the next regularly scheduled meeting. #9 GENERAL DISCUSSION Joe Potempa: (1) At 5214 Irola there is a car with an expired inspection sticker, a tractor/trailer which was towed in approximately 8-10 months ago and a bunch of dogs (more than 3). Can the Inspection Department help? Steve Simonson said he will have the inspectors check on the situation. Mr. Potempa asked if anything can be done about the car with the expired inspection sticker. steve Simonson replied the City can send a letter and if it gets no response, the City can publish a notice in the newspaper. If that gets no response, then the City can have the vehicle towed away. -9- I_ ,:":;~~~_1'::~~_~~"~ ":":~':"'~ '!1'" . ""':;'?J.!'::',._ ':J:_'!~.:':-"'.:.,,: - ; .:~-~. ,....: (2 ) Doesn't ,the City have a pooper scooper law? At. 5217 Plaza Drive there is a 4' animal pen and it stinks. steve Simonson replied there is a nuisance and a health ordinance. (3) Across from Mr. Potempa, a'mobile home is being remodeled. Do they have permits? Steve Simonson said he would check on it. (4) It is good to be back, the vacation was very enjoyable. Jim Shriver: (1) Asked if the City has _a problem with garage sales. Then asked if the City, in an effort to monitor garage sales, is going to send out inspectors on the weekends and holidays and pay overtime. Mr. Shriver said, in his opinion, if there genuinely is a problem, then okay. If, however, garage sales are being monitored for the single purpose of raising revenue, then he disagrees with the idea, it isn't worth it. Steve Simonson commented the City of Schertz lS not bad compared to some other cities. .;..;.-:, , ~...... Mr. Shriver then asked Steve Simonson if we need an ordinance regulating garage sales. Mr. Simonson replied there is an ordinance requiring a person having a garage sale to obtain a permit. . Mr. Shriver suggested putting a letter ln the Newsletter about garage sales. Joe Potempa asked if ;the inspectors ever noticed a trend in certain people having frequent garage sales. Steve Simonson said yes they have and when they do, they usually warn the people involved and the sales stop. (2) Suggested that all memos be initialed by the person sending them. George Vick: (1) Asked if center striping is going to be done on Main Street. Commented that from Schertz Parkway to the Schertz Bank there is no center striping. Steve Simonson replied there will be striping in that area. (2) What lS the status of the request from Steve Lance to locate an R. V. in Windy Meadow? steve Simonson repl ied Mr. Lance has requested a hearing before the Board of Adjustment. (3) Does the City pick up tree limbs? Steve Simonson replied yes they do - they have a shredder which will come to your ~esidence for a very reasonable fee. -10- (4) On the IH-35 access road, where the people are putting up a fence to screen their vehicles, there's a broken down front loader at the front of the property outside the fence. steve Simonson said he will check on it. Merwin Willman: (1) The City is in the process of annexing several areas (on the zoning map, the land adjacent to the area zoned M-1 which lies between IH-35 and the MKT railroad and is bounded by FM 2252; and the land which lies between Wiederstein Road and FM 1103 bounded by IH-35 and FM 382) and we can assign a zoning to that property at the same time they go through the annexation process. Does anyone have any ideas? Mr. Willman suggested the land adjacent to the M-1 zoning be continued as M-1 and the land between Wiederstein Road and FM 1103 be zoned Residential/Agriculture., Joe Potempa asked if this annexation would include the R.V. park and the property next to it and was informed it would. Mr. Willman asked the Commission to think about it because if they don't assign a zoning classification to it at the same time it is annexed, it will automatically come in as PD and a public hearing will have to be held to rezone it. Mr. Willman said he would like for the' Commission' to work up a poop sheet on the different zoning classifications. (2) What is the status of FM 78? Steve Simonson said he should be getting a decision before too long regarding the 20' easement. The decision has to be made out of the Dallas office. Mr. Willman then asked the target date for upgrading PM 78. Steve Simonson replied it is within the Highway Department's 10- year plan. Mr. Simonson said he would like to bring the plan to the Commission once the City is provided with the schematics. (3) Mentioned the possibility of a special sign district between the railroad and PM 78 and noted the special sign district already in the ordinance for businesses along Main Street. (4) Noticed the First Baptist Church has several signs lying around town which look like new signs ready to be erected. Do they have the proper permits? ( 5 ) Did everyone officers for APA? receive their ballots for the election of Everyone said yes. (6) Wondered about the time frame for installing traffic control signs in a new subdivision. -11- (2) Informed Chairman Brisgill the Council would like to see his slide presentation prior to his giving it at the APA Conference. .~.;.:~. Councilperson Ken Greenwald: (1) Said he would ask City Council about the possibility of reviewing the Junked Vehicle Ordinance pertaining to screening and antique vehicles. steve Simonson: (1) When is the Commission going to resume it's work on the City Comprehensive Plan? Chairman Brisgill asked that the Comprehensive Plan be placed on the agenda of the first regularly scheduled meeting after the APA Conference in Lubbock. (That will be Tuesday, October 10th.) ( 2 ) There are new state laws regarding a vacate and replat of land and the ordinance will need to be changed. Mr. Simonson said he would I ike to research the subject further before bringing anything to the Commission. (3) He has been appointed the Chairman of the Christmas Decorations Committee for the City of Schertz and is in need of volunteers to serve on the Committee. Joe Potempa, Councilperson Ken Greenwald and Bob Andrews volunteered. Mr. Simonson said along with volunteers, they will also be seeking donations. Joe Potempa asked whatever happened to the idea of people paying their water bills by rounding them out to the nearest dollar and having the City put that extra change in a fund for such things as Christmas decorations. Steve Simonson said as far as he knew, that idea never got off the ground. Jim Shriver told Steve Simonson that if he gets a letter to him asking for donations for Christmas decorations, he will see that the Schertz Business Club receives the letter and will ask them if they wish to make a donation. (4) Don Decker, Henry Bain and possibly a banker, on behalf of Cosmic Futures, Inc., will be scheduled for the September 26th agenda. They will be bringing in two items for discussion on the converting of Pecan Grove Mobile Home Park into a Mobile Home Subdivision: (1) a Master Plan, and (2) a recommendation for a 25' building setback on Nu Pecan Drive. Chairman Brisgill: (1) Suggested the Commission discuss the Junked Vehicle Ordinance and requested discussion of it be placed on the - agenda of the next regularly scheduled meeting. - -12- David Jackson asked to speak at this time and wondered if the City shouldn f t consider adding a car cover as part of it's definition of screening for vehicles. (2) Is planning a barbeque this Saturday, September 16th, at his home at 2608 Hidden Grove Lane, and the Commissioners, the Ex- Officio, the Asst. City Manager and the Recording Secretary and their spouses are all ,invited.. Bring your own drinks,. ,and R.S.V.P. by Thursday evening. (3) Informed Councilperson Ken Greenwald he will be out of town for a while, but could possibly give his slide presentation to City Council on September 27th with October 3rd as aback-up. date. George Vick remarked he had one more question. Is there a dog kennel going in the building on FM 1518 'across from the park? Steve Simonson replied it is a dog grooming and obedience school facility, but he will check into it. Joe Potempa asked if there's a church going in where the old Lone Star building is on Jack Hays Boulevard. He was informed there is not. 110 ADJOURNMENT Chairman Brisgill adjourned the meeting at 9:55 P.M. :::~ The next regularly scheduled meeting is September 26, 1989. -13- ~,;;.:.~.~.'-~ ..., ~,"" _.' ., -:"~:. "':'. .."....__ . .....",.~ ':.'._._ _, .'.. d,:"', ~.. .'~., ''''":';" '-~_'_:'''_~. " .,,""" ,-. .' .' , , ...,_., "-, - '," .........'-,,_.... -, ":'-:::-;";'-.'-'- :7 . ---- .. '.1 ><.,,~ ARTICLE III Section 24 Design-Standards Public' Sites and Open Spaces (Deleted) Change to: Section 24 24.1 Purpose. 24.1-A This section is to provide the procedures for the dedication of adequate land for local public parks in residential subdivisions and/or provision of cash payments in-lieu-of park land dedication, and establ ish procedures - for the receipt and expenditure of these payments. 24.1-B Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and located within a convenient distance from" a majority of the residences to be served thereby. 24.2 Park/Recreational Used for Single-Family Purposes. When a final plat is filed for development of a residential area within the City, or within the area of extraterritorial jurisdiction of the City, 'the plat shall contain the dedication of an area of land for park purposes. Each area shall equal one (1) acre for each one hundred thirty-three. (133) proposed dwelling units. Any proposed preliminary plat submitted for approval shall show the location of the area proposed to be dedicated for park land. Land in a Residential Subdivision to be Dwelling and/or Apartment Residential 24.3 The Development of Areas Smaller Than One (1) Acre. The development of areas smaller than one (1) acre for public parks purposes is considered impractical. Therefore, if fewer than one hundred thirty-three (133) units are proposed by a plat, the developer shall be required to pay the applicable cash-in- lieu-of-land amount rather than to dedicate any land area. No plat showing a dedication of less than one (1) acre shall be approved. 24.4 Dedication of Less Than Two (2) Acres. When less than two (2) acres is required to be dedicated, the City shall have the right to accept the dedication for approval on the final plat, or refuse same, and to require payment of cash-in-lieu-of-land. 24.5 Dedication Procedures. The dedication required by this Section shall be made by filing of the final plat or documentation. If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required and shall be made by payment of cash-in-lieu-of-land. "".~'.':.,-~:,'.;~::;.;' . ...:......... .'......'..~.~ .........._..........- -.- .__~~,__ "': ....::.": ':,0-<-.......,.,'. 24.6 Park Land Dedication by Commercial or Manufacturing Subdivision. Land to be solely for nonresidential use, located within the City or within the area of extraterritorial jurisdiction of the City, shall not be required to be dedicated as park land or have monies paid in-lieu thereof. Provided, however, that if it should be desired to make residential use of the property at some future time, no building permit shall be issued for residential construction and no residential construction shall commence until the owner satisfies the then existing requirements in the platting for park dedication or park payments. 24.7 Development of Subdivision by Units. When the subdivision is to be developed in stages or by units and the final pltitting of the park area to be dedicated is to be included in the second or later unit, the subdivider shall complete or deliver to the Planning and Zoning Commission, with the final plat of the first unit of said subdivision, a contract subject to City Council approval, executed by the subdivider, providing for the future dedication of such park. The form of such contract shall be provided by the City Attorney. 24.8 Money-in-Lieu-of-Land. ~:): a. Subject to recommendation of the Planning and Zoning Commissi,en and final approval by the City Council, a landowner responsible for dedication of land may elect to meet the requirements of this, Section in whole or in part by a cash payment in-lieu-of-land. Such payment in-lieu-of-land shall be made at or prior to the time of final plat approval. b. Land dedication may be met by a payment of money in-lieu-of- land at a per-acre price set from time to time by resolution by the City Council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park. Unless changed by City Council, such per-acre price shall be computed on the basis of $225.00 per dwelling unit. c. All required fees and letters of credit must be paid/posted as a part of the final plat approval. 24.9 Special Fund: Right to Refund. a. A special fund for the deposit of all sums paid in-lieu-of- land dedication shall be established. This fund shall be known as the Park Land Dedication Fund. b. The City shall account for all sums paid in-lieu-of-Iand dedication with reference to the individual plats involved. Any funds paid for such purposes must be expended by the City within 2 years from the date received by the City for acquisition of development of a neighborhood 'park. Such funds shall be considered to be spent on a first in, first out basis. If not so _expended I the owners ot:the property on the last day of such period shall be entitled to a prorata refund. The owners of- such "-",,, ..........,..-.-.;_.................~..'-~...;:.........:....:.....,,; :...-....,.;..._~ . ......,;:.....,,;,;:-,.... '-'''''- ...-~ ...........~~ . .~.......,. " ~........,......,_.....u ~.'......_._~.___ '.. ~...~ _"_ ._-,-....'~,. ..._.'..~',.~....,.............-, .;,;....:............_......;..:.....;..,..,...~....;..:...;:..._.;...t...,;,.........,-..........:.. _,."-,_'...'"::.~....:.~:".~.,....,...,'._~._."..,.....:._.,_...__ ....-..... ...... ....~.~...'.n~......,:..~... ,..,'~....._..' --,_ '._....:.~.........~.._,. . -...;....i...., . .;........ '.' ....~. 'lit ' property must request such refund within one (1) year of entitlement, in writing, or such rights shall be barred. 24.10 Conveyance of Title. In addition to ,a formal dedication on the plat to be recorded, the subdividers shall convey the required land to the City by general warranty deed. The land so dedicated and deeded shall not be ~ubject to any reservations of record, encumbrances of any kind, or easements which, in the opinion of City Attorney, will interfere with the use of the land for parks or recreational purposes. 24.11 Location Within Subdivision. a. A central location within the subdivision which the park will serve will be acquired unless the location at the edge of a subdivision will facilitate the combination of dedicated park area to form a single park to serve two or more subdivisions. The subdivider will contact adjoining landowners and present a schematic plan proposing joint dedication with the prel iminary plat. If necessary for optimum park placement, proposed parkland may be split into two (2) or more separate parks. In no case will a park contain less than 2 acres. b. At least 50 percent of the dedicated park site shall be level, well drained and suitable for open play. c. Potable water, and sewage connections shall be readily available at the park site, with water and wastewater lines located along the street frontage. The appl icant must demonstrate that sufficient living units equivalent to serve the park are available within these water and wastewater lines. d. Any detention ponds and/or other drainage facilities to be placed in areas which are to be dedicated as park land must be designed and constructed to al so allow for recreational use. Construction plans may be required to demonstrate that the design, placement and construction of such ponds meet the requirements of the City. e. If the City determines that sufficient park area is already In the public domain in the area of the proposed development, or if the recreation potential for the area would be better s~rved by expanding or improving existing parks, the City has the right to accept the final plat or to refuse same. 24.12 Flood Plain The flood standards shall apply to all land proposed for dedication or park land which is located in the 100 year flood plain: a. Every acre of dedicated park land located inside of the 100 year flood plain shall count as 1/2 acre of land toward the subdivision's total park land dedication requirement. b. Flood plain areas will be considered based on the following criteria: The flood:. plain area is easily accessible and provided with adequate street frontage. - There has been minimal alteration of the natural character of the waterway and the flood plain area. - In no case will flood plain areas be accepted which are less than 100 feet in width. The area's configuration and topography is suitable for the placement of low-intensity facilities such as playgrounds, picnic facilities and open play fields. \ 24.13 Development of Neighborhood Park by Subdivider. The subdivider may have the option of developing the park, with the City's concurrence, prior to acceptance of the subdivision by the City. Such park improvements shall be in cbmpliance with the recommendations of City staff, the Planning and Zoning Commission and the final approval of the City Council. Should this option be exercised, the City and the subdivider shall, prior to initiation of work on such improvements, enter into a contract for reimbursement of subdivider expenses for authorized park improvements upon final acceptance of improvements in the park. Such contract, if all parties agree, may provide for reimbursement over an extended time period with interest on the unpaid balance. 24.14 Private Park Land. a. No more than 50 percent of a subdivision's total park land dedication requirement may receive credit as private park land. A combination of land and facilities may be counted toward the allowable 50 percent credit. b. The applicant must submit a condominium declaration, homeowner's agreement or similar document which establishes the private ownership and maintenance responsibility of any private park areas established to meet the requirements of this Ordinance. In addition, a plat note must be included on the preliminary plat and final plat stating the ownership and maintenance responsibility of all private park areas. c. A covenant to be recorded and to run restricting use of private parks and facilities recreational purposes must be submitted prlor acceptance. with the land for park and to final plat 24.15 Submittal Requirements. All information required by this Section of this Ordinance must be submitted at the time the preliminary plat is submitted to the Planning and Zoning Commission for review. t-. .. ADD the following as Paragraph "r" to Article II, Section 15, Para. 15.5, Specifications (Page 11): ( 1 ) The boundary lines and acreage of the land proposed to be ,dedicated to the city for public park land. ( 2 ) The boundary 1 ines and acreage of the land proposed for a private park (if applicable). Plat notes indicating ownership and responsibility for maintenance, Paragraph 24.14. (3) plat note indicating the calculation used to determine the acreage for the public park land. ;~ (4) Plat note that the proposed park land will be dedicated to the city by a general warranty deed upon acceptance of the subdivision by the City. If · INDEX OF ARTICLE III, SECTION 24 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 Purpose Park/Recreational Land in a Residential Subdivision to be Used for Single-Family, Duplex and/or Apartment Residential Purpose Development of Areas Smaller Than One (1) Acre Dedication of Less than Two (2) Ac~es Dedication Procedures Park-Land Dedication by Commercial or Manufacturing Subdivision Development of Subdivision by Units Money-in-Lieu-of-Land Special Fund: Right to Refund Conveyance of Title Location Within Subdivision Flood Plain Development of Neighborhood Park by Subdivision Private Park Land Submittal Requirements ~ ',---;."\> ((- _.... /J._ _1 ,!Ill It () PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission- convened in a regular session on TuesdaY,~at 7:00 P.M. in the Municipal Complex Conference ~chertz Parkway. Those present were as follows: #2 APPROVAL OF MINUTES: T MCLAREN, GARDEN RI E QUALITY CLOSEOUTS SU ANNE MUELLER PLANNING & ZO COMMISSION PRESENT TY BRISGILL, CH IRMAN JOE POTEMPA, VIC -CHAIRMAN MERWIN WILLMAN BOB ANDREWS GEORGE VICK KEN GREENWALD, KEITH VAN DINE, STEVE SIMONSON, ASST. CITY MANAGER SHIRLEY HAMM, RECORDING SECRETARY DON BRODEUR, CITY INSPECTOR MEMBERS ABSENT #1 CALL TO ORDER Ch~~rman Brisgill called Session June 13, 1989 Merwin Willman made a mot n to approve the minutes for the regular session June 13, 1 8. George Vick seconded the motion and the vote was unanimous in avor. Motion carried. '4 CONSIDER AND #3 CITIZENS' INPUT There was none. APPROPRIA E ACTION: Suzanne Mueller - est for Exception to Easement uirement at 2908 Bent Tree Drive~ enshire Oaks S bdivision this request. Suzanne Mueller Chairman Brisgill Steve Simonson eported that althoug the plat received by Planning and Zon' g shows the electric i that back easement, the electric was in fact put in the front. Only the telephone and the cable are n the back easement. M. Simonson said, upon checking the inutes, it was found Mr. aughan had requested approval, dep ding on the lot, to put t e electric in front whenever pos ible and the consensus of the Commission was approval of hat request. Mr. Simonson als related that Lupe , I' , ) Joe Potempa the Inspectionfiepartment has been violation of ~is Ordinance to give Mr. Brodeur further sta working with individuals them time to comply. Bob Andrews asked what happ has been done to correct the d of 30 days if nothing Don Brodeur replied if nothing towed away. done, -the vehicle will be Bob Andrews then asked if Brodeur there is no bill company absorbs the cost. by Don towing Don Brodeur replied it 's normally good fo 6 months, but if Mr. De Luna cannot comply within the 30-day ex ension, the vehicle will be towed away. 17 CONSIDER AND TAKE APPROPRIATE ACTION: Chairman Brisgill commented that Don Brodeur, City Inspector, has written up some suggestions on possible changes to the Sign Ordinance (Copy Attached). <: Mr. Brisgill continued on by saying he doesn't mind reviewing the entire ordinance, but hates to take the time to put together a good ordinance and then find it is not enforced. A couple of suggestions Chairman Brisgill had were to list the prohibited signs at the beginning of the Ordinance rather than under Article VII and to impress upon City Council we need to have the Inspection Department set aside a certain amount of time to devote to enforcement of the Sign Ordinance. The Commission, using the Sign Ordinance and Don Brodeur's list of possible changes, reviewed, discussed and made their comments and suggestions to the following: ARTICLE II 4. Change from: "Except as herein provided, no person or business firm, acting either as principal or agent, shall alter the copy, face or lettering of any sign, except for Section signs with temporary messages made from interchangeable characters, attached to tracks or grooves on the sign board, either by changing the message, or shall erect any sign or sign structure until a sign permit for such work has been issued by the Building Official to a bonded contract or the owner or occupant of the premises where the work is to be done." -6- 'i t' d To: "Except as herein provided, no person or business firm, acting either as principal or agent, shall erect any sign or sign structure until a sign permit for such work has been issued by the Building Official to a bonded contract or the owner or occupant of the premises where the work is to be done." ARTICLE II 9. Delete entire #9: "Signs with flashing, blinking or traveling lights shall have light bulbs which do not exceed thirty-five (35) watts." ARTICLE III Section 41. "Sign, Portable or Mobile: Any sign designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted upon a trailer, wheel carrier or other non-motorized mobile structure. A portable sign which has it's wheels removed shall still be considered a portable sign hereunder; used for a short period of time to announce a special event or activity." Change the first sentence to read as follows: "Any sign, excluding A-frame or sandwich-type signs, designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted upon a trailer, wheel carrier or other non-motorized mobile structure." ARTICLE VI Section 5c.(6) Change from: "Auxiliary signs shall not be permitted affixed to a free-standing sign." To: "Auxiliary signs shall be permitted." ARTICLE VI Section 5m.(6) Change from: "Billboards shall be set back at least fifty (50') feet from the right-of-way of any street, road, expressway or interstate highway." To: "Billboards shall be set back at least fifty (50') feet from the property line ..~.. The Commission also discussed flags and banners saying four things should be considered when approving flags and banners: (1) quality control, (2) the number, (3) a time limit, and (4) safety. Among the other items discussed were message boards versus banners, the definition of auxil iary signs, advertising signs, promotional signs, portable signs, non-professional looking signs, billboards, bandit signs, garage sale signs and itinerate merchant (i.e., fruit peddler) signs. It was fel t there will need to be a change in the date for compliance when the Sign Ordinance is revised. -7- 4 ' .. I' ,'} Bob Andrews recommended that when the Sign Ordinance is revised, a copy be sent by certified mail to those in nonconformance. Chairman Brisgill asked that under ARTICLE VI, Section 5i., Temporary Business Promotional Signs, the Commission take their thoughts and come back later with their ideas on these signs. . ";""~.;;P Further discussion of the Sign Ordinance will be placed on the agenda after the suggested changes above have been incorporated. CONSIDER AH\TAKE .APPROPRIATE ACTION: , Requ1rements for 1989-90 steve Simonson inf med the Commission the APA has gone up on it's membership fee. Also, they will cont nue to receive three publications, the "z ning Bulletin", "Zo ing News" and "Zoning Report". t8 of Budget George Vick expressed t is going to need professional input for suggested adding a consultant's fee to the udget requ. ements. Mr. Vick indicated that if Planning and Zoni doesn't use it, the Council could put the money in something els. Stev Simonson said that depends on whether or not Council appr ves Merwin Willman cost to hire a consultant. steve Simonson input required $2,000. amount of professional suggested a figure of Bob Andrews remarked if i 's not used this year, it can be used later. steve Simonson a not correct, it has to be used, it can't be carrie Steve Simonson reminde to know who will b October. the Commissi n that Norma Althouse needs attending th Conference in Lubbock in After review of last year's budge requirements and some discussion, the Co ission arrived at th following figures: $600 for memberships nd publ ications , $750 or recording fees, and $4200 for traini g, conferences and travel #9 GENERAL George Vick on a tra9tor over on I Pecan on private pro rty. Steve Simonson reported tha a letter had been sent with 0 results. Mr. Simonson further s ted it cannot be parked on / the street, but the City is not uthorized to do anything bn private property and so they don' know yet what action can be taken. -8-