07-11-1989
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PLANNING AND ZONING MINUTES
The Schertz ,Planning and Zoning Commission convened in a regular
session on Ttiesday, July 11, 1989 at 7:00P.M. 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
COUNCILMAN KEN GREENWALD
JIM SHRIVER, SCHERTZ
BUSINESS CLUB
DENNIS LITTLE
ERNEST R. EVANS, JR.
DAVID LEWIS, VINTAGE
CUSTOM HOMES
GLEN HOFFPAUIR
CITY STAFF
STEVE SIMONSON, ASST. CITY MGR.
NORMA ALTHOUSE, RECORDING SEC'Y.
#1 CALL TO ORDER
Chairman Brisgill call~d the meeting to order at 7:00 P.M.
#2 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
Jim Shriver told 'the Commission the Citizens' Leadership Panel
had met last week and are hoping to finish up on the 20th of this
month. Mr. Shriver said hopefully a report will be available by
the next Planning and Zoning meeting.
Jim Shriver also mentioned the Winn's/Wuest's driveway entrance
onto Schertz Parkway, saying that steve Simonson had done some
research on it and found it is owned by Winn's and Seguin
Savings. Mr. Shriver suggested the City or Planning and Zoning
contact these organizations and tell them what we would like to
have done, namely some type of entrance and exit signs .
#3 CONSIDER AND TAKE APPROPRIATE ACTION: Dennis Little of 1024
Gettysburg - Request for a Hearing to Consider
an Exception to the Junked Vehicle Ordinance
Dennis Little was at the m~~ting to represent this request.
Chairman Brisgill asked for Staff input 4
Steve Simonson informed the Commission they have the information
on Dennis Little in their packages. Mr. Little is working on the
car, but it is taking considerable time because the parts are
hard to get. The car is a 1949 Dodge coupe.
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Dennis Little passed around a
Commission to see and remarked
would be very he:J,.pful to him.
George Vick '.asked. Dennis Little if he could put the car in the
garage. Mr. Little replied the car is actually sitting in his
mother-in-law's driveway in front of her garage which is full of
other paraphernalia and there's no room for the car. Mr. Little
also said he probably could put it in his garage, which is right
next door, but he keeps his pick-up truck in there and besides he
would have to move it out every time he wanted to work on it.
picture
that an
of the car
extension of
for the
any kind
Chairman Brisgill commented the picture is evidence that Dennis
Little is restoring the car and then asked if it has a current
sticker and license. Mr. Little replied no it does not.
Chairman Brisgill then noted that according to the Ordinance, the
car has to be screened from public view.
Dennis Little asked if he could
Little emphasized he had not
neighbors.
cover
had
1;'...
the car with a tarp.
any complaints from
Mr.
his
The consensus of the Commission was that covering it with a tarp
is not in accordance with the Ordinance.
Bob Andrews asked Dennis Little how long he had been working on
the car. Mr. Little replied approximately eight months.
Dennis Little questioned whether he could set the car up on a
licensed trailer ih the driveway and be in compliance.
Bob Andrews responded by saying this was splitting hairs on a
matter about which the Commission isn't legally knowledgeable.
Dennis Little pointed out he has no access to the easement in
back of his house. He then asked if he could keep the car where
it is if it were currently licensed and inspected. Bob Andrews
replied yes he could.
Steve Simonson asked if the Commission could give Dennis Little
an extension on the time frame for screening the car from public
Vlew.
After some discussion, it was decided Mr. Little has only 10 days
after the hearing to comply with the Ordinance.
At this point there wasdis'cussion on the definition of screening
which according to the Ordinance is fence, rapidly growing trees
or shrubbery.
The question was brought up again about putting the car on a
licensed trailer in the driveway.
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Steve Simonson acknowledged this has come up before in regard to
racing vehicles. Mr. Simonson said the City's view has been that
if it's on a trailer, has some type of cover, is moved from tim~
to time, anq the yard is not cluttered with junk car parts, it is
in sort of a. gray area (as far as the Ordinance is concerned) and
has been considered acceptable.
Chairman Brisgill commented the car falls in the category of an
"antique" and Mr. Little meets that criteris, but the Ordinance
spells out what has to be done and the Commission has to follow
those procedures.
Bob Andrews remarked that Dennis Little has the right to appeal.
Bob Andrews made a motion to deny the request from Dennis Little
for an exception to t~e Junked Vehicle Ordinance. Merwin Willman
seconded the motion and the vote was unanimous in favor. Motion
carried.
Chairman Brisgill reminded Mr. Little, again, he still has the
right to appeal.
After the vote, Bob Andrews questioned what happens to the 10
days if Dennis Little requests a hearing from City Council.
Councilman Greenwald replied the hearing could beheld within the
10 day time frame.
steve Simonson reported that over 80 letters have been sent out.
Mr. Simonson further stated that Dennis Little's particular case
falls into sort of a gray area and maybe we need to take another
look at the Ordinance.
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CONSIDER
AND
TAKE APPROPRIATE ACTION: Vintage Custom
Homes Request for Preliminary Plat
Approval of the Replat of Lots 18 and 19,
Block 7 to Lot 20, Block 7, Savannah Square
Subdivision, Unit 1
David Lewis, Glen Hoffpauir and Ernest Evans were all at the
meeting to represent this request.
Chairman Brisgill reminded the Commission they have their memo
from steve Simonson in which he makes comments regarding this
item.
Steve Simonson noted that in his comments he mentioned a proper
signature block for recording in Commissioners Court and it
should have said the proper signature block for the Guadalupe
County Recordation statement.
It was also mentioned that the plat lS missing the 100 year flood
plain statement.
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George Vick questioned the letter from the Laredo National Bank
where is says they give approval for the utility easement on said
lots to be removed if so possible. Steve Simonson told Mr. Vick
they are rem~ving the easement between the two lots and moving it
to one side. .
Merwin Willman commented he could not find a transformer between
Lots 18 and 19 on the plat and asked if it had been misplaced.
Mr. Willman said the original plat is the same way.
Bob Andrews also pointed out the plat should say vacate instead
of original.
After a brief discussion, Merwin Willman made a motion to approve
the preliminary plat for vacate and replat of Lots 18 and 19,
Block 7 to Lot 20, Block 7, Savannah Square Subdivision, Unit 1
with the following corrections: (1) add flood plain statement;
(2) change wording from original to vacate; (3) place electrical
transformer in correct location; and (4) replace County Court
Signature block with Guadalupe County Recordation statement.
Keith Van Dine seconded the motion and the vote was unanimous in
favor. Motion carried.
15 CONSIDER AND TAKE APPROPRIATE ACTION: Interview Applicants
for Planning and Zoning Commission
Letters had been sent to the following people, who had expressed
an interest in serving on the Commission, asking them to be
present at the meeting: (1) Richard Little, (2) Neil Thoreson,
(3) Joyce Briscoe,' (4) Elizabeth Doss, (5) James Shriver and (6)
LaVerne Bauman.
Due to the fact that Neil Thoreson is being transferred out of
state and others called various Commission members and/or Steve
Simonson to say they are no longer interested in the position,
James Shriver was the only applicant present.
At this time the Commission interviewed James Shriver.
#6 EXECUTIVE SESSION: Called Under Article 6252-17, Vernon's
Texas Civil Statutes, Section 2 (g) to Discuss the Qualifications
of Commission ApI?licants and the Results of the Interviews of
Said Applicants - ~
Chairman Brisgill determined that an Executive Session was not
needed.
#7 CONSIDER AND MAKE RECOMMENDATION: Planning and Zoning's
Recommendation to City Council of an Applicant
to Fill the Vacancy on the Commission
George Vick made a motion recommending to City Council the
approval of James Shriver to fill the vacancy on the Commission.
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Joe Potempa seconded the motion and the vote was unanimous ln
favor. Motion carried.
'8 GENERAL" DISCUSSION
Joe Potempa:
In the drainage ditch next to 1048 Richmond, there is a trailer
jacked up with the wheels missing. Whose property is it?
Councilman Greenwald commented there has been a drainage problem
there for a long time, but the engineers say the drainage is
working as it is supposed to work. Also, people sometimes use
the drainage ditch as a shortcut.
steve Simonson said he will check into it.
Keith Van Dine:
There is another mobile home going in on Ware-Seguin Road. Do
they have a permit? (Steve Simonson said he will check on it.)
~i
The road out where he lives is ln terrible condition. (Steve
Simonson said they now have work orders in for the road and will
try and get to it as soon as possible.)
~
George Vick:
Is the process still ongoing whereby they are putting tar and
sand on the streets? If so, they missed a section from Randolph
to Chestnut. (Steve Simonson said he would check on it.)
Are trailers, the kind you pull behind a vehicle, allowed to be
parked on a City street? (Mr. Vick was informed they are not.)
Merwin Willman:
A question has come up regarding one of the Commission's proposed
amendments to the Zoning Ordinance. It was pointed out that
possibly the Commission is forgetting that when an exception is
requested, such as a side yard variance, etc., there are official
procedures set up in the Ordinance for this to go to the Board of
Adjustment.
Mr. Willman said technically , if the Ordinance lS followed, a
setback change should go to the Board of Adjustment. Mr. Willman
further stated it has been suggested that instead of it being an
amendment modification to the Ordinance, it be established as an
official procedure for submitting the request to the Board of
Adjustment.
Chairman Brisgill remarked he had always understood a change in
the Zoning Ordinance, by State law, required a public hearing and
asked if the State law doesn't supersede the Zoning Ordinance.
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Merwin Willman commented this would be in accordance with the
state law for Boards of Adjustment.
~:'\"
steve Simonson advised that in the case, for example, of a side
yard variance, the zoning doesn't change, we are only giving
relief to the side yard requirement and the way we've been doing
it isn't quite right.
There was then some discussion about the fact that City Council
had in the past requested the Commission's input on these matters
and it was~uestioned if that is ~tilItheir wish.
After further discussion, the consensus of the Commission was
that if it is still the wish of City Council to have input from
the Commission, then Council needs to make that recommendation
and have the Commission included in the process of recommending
requests for Board of Adjustment action.
Councilman Greenwald noted that if City Council wants Planning
and Zoning to review requests that require Board of Adjustment
action, then something to that effect ..should be written in the
ordinance.
"
Steve Simonson commented this had been brought to his attention
and will be discussed at the workshop tomorrow night.
Steve Simonson:
Norma Althouse needs all the information on who is attending the
APA conference in Lubbock in October so the registration can be
sent in and flight reservations can be made.
Chairman Brisgill:
Asked for the following help toward his presentation at the APA
Conference:
(a) Merwin Willman
material on the AICUZ
write up approximately 2-3 minutes of
(b) Joe Potempa and George Vick - write up approximately 2-3
minutes of material on the updating of the City Plan
(c) Jim Shriver write up 2-3 minutes of material on the
progress of the Economic Development Task Force
(d) Bob Andrews and Keith Van Dine - any other suggestions they
may have, i.e., Bob Andrews from a realtor's point of view and
Keith Van Dine on newly annexed areas
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Mr. Brisgill reported that he and steve Simonson will be taking
pictures around the City this Friday morning.
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Reminded the Commission of the copies they were given tonight of
other Cities' Sign Ordinances and asked that they keep these,
copies availabfe and bring them to the meeting whenever the
review of the Sign Ordinance is on the agenda for discussion.
Mr. Brisgill expressed the opinion that the Commission should be
responsible enough to maintain all copies given to them on
various matters of discussion so the practice of extra copies
having to be made by the recording secretary can be discontinued.
Before the close of the meeting, George Vick brought up one more
item. Mr. Vick asked about the old barracks that was moved in on
FM 1518 and why nothing has been done to it. steve Simonson
reported they are working on it, but very slowly.
#9 ADJOURNMENT
Chairman Brisgill adjourned the meeting at 8:13 P.M.
The next regularly scheduled meeting is July 25, 1989.
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