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06-13-1989 .:, "t );,)'':;'. . . PLANNING AND ZONING .MINUTES The Schertz Planning' and -Zoning Commission convened in a regular session on Tuesday, June 13, 1989 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Pa.Fkw'ay. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN JOE POTEMPA, VICE-CHA1RMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN BOB ANDREWS JIM SHRIVER, SCHERTZ BOSINESS CLUB MAUREEN BUSBY CITY STAFF MEMBERS ABSENT ~.~. STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECRETARY GEORGE VICK 11 CALL TO ORDER Chairman Brisgill called the meeting to order at 7:00 P.M. * . ~: 12 APPROVAL OF MINUTES: A. Regular Session May 23, 19,89 B. Joint Public Hearing and Speci~al Session June 6, 1989 A. Regular Ses'sion May 23, 1989 Keith Van Dine made a motion to approve the minutes for the regular session May 23, 1989. Merwin Willman seconded the motion and the vote was as follows: AYES: T. Brisgill, J. Potempa, K. Van Dine, M. Willman NAYS: None ABSTENTIONS: B. Andrews Motion carried. B. Joint Public Hearing and Special Session June 6, 1989 Merwin Willman made a motion to approve the minutes for the Joint Public Hearing and Special Session June 6, 1989. Keith Van Dine seconded the motion and the vote was as follows: ~~f J .~ AYES: J. Potempa, K. Van Dine, M. Willman, B. Andrews NAYS: None ABSTENTIONS: T. Brisgill Motion carried. . . 13 CITIZENS' INPUT OTHER THAN AGENDA ITEMS Jim Shriver of the Schertz Business Club brought up several items at this time: (1) Concerning the Wuest's parking lot and the entrances off Schertz Parkway, no one wants to claim ownership of the property. Mr. Shriver suggested that maybe the City would like to follow up on it and determine the owner. Chairman Brisgill asked Steve Simonson about the City doing this and Mr. Simonson said he would check into it. (2) The Citi,zen's Leadership Panel has completed it's review and is in the process of compiling a report. Per Kerry Sweatt's request, Mr.' Shriver will be giving a report to City Council at their workshop tomorrow evening. The Panel will meet again on July 6th. (3) Said as of this Friday, he will be out of town for two weeks on vacation. 14 CONSIDER AND TAKE APPROPRIATE ACTION: Maureen Busby Request for Extension of Time Allowed to Comply with Junked Vehicle Ordinance Maureen Busby was at the meeting to represent this request. ~ Chairman Brisgill asked for Staff input. Steve Simonson informed the Commission that due to financial 'circumstances, Maureen Busby is requesting a 30 day extension and it is his understanding she has a deal going with her neighbor whereby they will share in the cost of the fencing because they will be fencing her house and al so the one next door. Mr. Simonson said the neighbor has already obtained the appropriate permits from the City. Ms. Busby informed the Commission she also has obtained her permit. Steve Simonson further reported the Staff thinks this is viable request because Maureen Busby has come forward and talked with the City and is trying to work with them and the permits have already been obtained. Maureen Busby commented she has spoken with Joe Marks about picking up the Volkswagen and because there is no title, she needs a form from the Inspection Department in order for Mr. Marks to do so. Chairman Brisgill asked Steve Simonson if he is familiar with this form and Mr. Simonson, said he would check with the Inspection DepartmeQt and also asked: Ms. Busby to call him about it. ' Joe Potempa mentioned that in addition to. the Volkswagen, there is what appears to be a truck body on the property and he asked Maureen Busby about it's purpose. Ms. Busby repl ied it is a utility truck and will eventually' be put on a trailer and used. -2- '. ~ "', \...l>._,,;'" ....s..,.... -\",'~,;._ 'i'.H.:....l-..).~\..".\_ ~~\..\t..'i..... \...'u,h.4. -''l...I.... ~. .,....i.l~. ):l. \ ~:>..... .~,~ .~_.~,.:~ .,:.; ~\..: ...~_~ ..' ~. ~/),'..:::-)lC..\. \; " h-';,', .:.). .... ';~ ~~', l .....,h;',;'\. \~, ," ,;, ~"'''~)': ' >~ 'J~\. ~::I :--.. :.' \. ~>,,>i ~ J~ '.. -:,'...~~::;. \.' \~): ,',:,:' " ".: ~ . . Joe Potempa asked Maureen Busby if she has a business up there. To this she replied she does not, it is her 'home. There was discussion about the fact that -this' request from Maureen Busby deals with both' the trash and the junked vehicles Ordinances. Maureen Busby noted that the fence should take care of this problem. Chairman Brisgill pointed out the property still has to be cleaned up and Ms. Busby said they have been cleaning up, a little bit ata time. Bob Andrews asked if the recommendation has to be made to City Council and Merwin said no, Planning and Zoning has the final decision. Bob Andrews made a motion to approve the reque~t from Maureen Busby fora"'" 30-day extension of the time allowed to' comply with Article II Section 10.19 and Article III Section 10.54 of the Code of Ordinances. Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. Steve Simonson told the Commission the City is getting a lot of movement out there with quite a bit of voluntary compliance to the junked vehicle and the trash Ordinances. Mr. Simonson also stated they are finding a lot they didn't realize was there. 15 CONSIDER AND MAKE RECOMMENDATION: Proposed Amendments to Zoning Ordinance A. Nonconforming Use B. Exceptions C. Adult Oriented Business Merwin Willman had written up some proposed changes to the Zoning Ordinance and presented them to the Commission several weeks ago for them to look over and consider. A. Nonconforming Use After a brief discussion, the Commission decided to go with the proposal as written. t Bob Andrews made a motion to recommend to City Council approval of the proposed amendment to the Zoning Ordinance (copy attached) regarding Nonconforming Use. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. ;~.\ B.' Exceptions After a brief discussion, the Commission decided to go with the proposal as written. -3- \-":" .. . Bob Andrews made a motion to recommend to City Council approval of the proposed amendment to the Zoning Ordinance (copy attached) regarding Exceptions. Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. C. Adult Oriented Business Merwin Willman commented Ordinance regarding this beginning. the city needs subject and this something in will serve the as a There was some discussion on the definition of an adult: video store and on the interpretation of such definition. Keith Van Dine mentioned he thinks there is some rule about the primary purpose of an establishment. The Commission also opted to remove the word "morals" from Merwin Willman's proposed Section 5.1 - Purpose and Intent. There were no other changes suggested. ~r [;:, ~~ ; Bob Andrews made a motion to recommend to City Council approval of the proposed amendment to the Zoning Ordinance (copy attached) regarding adul t oriented business. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. {~1{: ~~< '~1; f-fH i '6 CONSIDER AND TAKE APPROPRIATE ACTION: Review of Current Sign Ordinance Chairman Brisgill asked if there had been any more feedback from the Schertz Business Club and Steve Simonson replied there had not. ~~: . Chairman Brisgill commented when the Commission starts to review the Sign Ordinance, he, personally, would like to have Don Brodeur, City Inspector, at the first couple of meetings to represent the Inspection Department's side of the issue. - Mr. Brisgill continued on, saying that the Sign Ordinance may look good to the Commission, but apparently it is not because it is not being complied to by the business community. Councilman Greenwald suggested having Don Brodeur draft up a list of problem areas. :"'f Merwin Willman remarked that people keep saying what's wrong with the Ordinance, but no one makes any suggestions as to how to correct the problem. Mr. Willman also pointed out that apparently people don't realize that if it is not listed in the Ordinance, it is not authorized. > . \ Chairman Brisgill mentioned having the inspectors draft a list: of problem areas and then having Don Brodeur attend th~' first meeting in July. -4- "h 'h~) .( l!~.l~"~"~l~)~j~::.;.)~)~.'{~~~)~l<S. : . . steve Simonson related that he has now made two presentations to the Business Club, the inspec'torshave talked with the businesses and told them to call him, but no one has called, and they are getting no assistance from the Business Club on feedback. Chairman Brisgill indicated m~ybe the Commission needs to review all the steps that have been taken, cover all the bases, and then proceed. Bob Andrews asked if the City could go after the contractor instead of the business because the contractor knows he needs to get a permit. Joe Potempa noted that he thinks it's in the Southern Building Code that if the work is done without a permit, then the fee to get a permit doubles. The consensus of the Commission was that it is better to go after the business rather than the contractor. Bob Andrews made a motion to table Item #6 (Review of Current Sign Ordinance) until the next available meeting which Don Brodeur is able to attend. Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. 17 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion on Questions to be Asked of Planning and Zoning Applicants/Candidates ~ Chairman Brisgill advised that the applicants/candidates should be asked to attend the next regular meeting. Mr. Brisgill also said he would like to have paper ballots for the voting if that presents no problem according to the regulations. steve Simonson said he will check into it. Keith Van Dine brought up the possibility of having the applicants in one at a time for the interviews and asking them to step out when the Commission votes. Steve Simonson said he will check into this also. The Commission, at this time, discussed the number of questions and the specific questions each would ask the applicants. 18 GENERAL DISCUSSION Merwin Willman: (1) Anything new on Don Decker's plans for Pecan Grove? Steve Simonson answer~d he thinks there's enough input now from the City's side, and they have asked Mr. Decker to put everything (specifics) in writing so they know his intentions. -5- '..'" ............'f';..., " . . . Mr. Simonson also commented there is a great deal of discussion going on between three different engineers about where the floodplain is on that property. (2) Reminded the Commissioners about the APA Conference and that they should let Norma Althouse know, as soon as possible, who is going so the reservations can be made. (3) On the IH-35 access road, down from Mobile Villa, there is a billboard which is falling apart. Can the City get rid of it? Steve Simonson said he will check on it. Councilman Greenwald: This Wednesday evening at 7: 00 P.M., CVADAC is presenting a program on "Coping With Anger". Joe Potempa: Mobile Villa had a water main break last week and the Water Department personnel did a terrific job of repairing it and in good time. Steve Simonson: ". I ~:" (1) Would like to reiterate about the inspectors going out there and trying to enforce the Ordinances. Asked that if any of the Co~issioners see a violation, then give the City a call. (2) Has mentioned the deteriorating condition of Pfeil Road to the Street Department and they will be trying to get out there to do something about it. Chairman Brisgill: (1) Have we heard anything from the Census Bureau? Steve Simonson informed the Commission that no one has written back to us, however we did call them and were told our main job is to promote the census. Only employees of the federal government are permitted to take the census. 'f Mr. Simonson further stated that with surveys, etc. you only reach about 1/3 of the people, so there has to be a better way. Mr. Simonson said the emphasis this time will be on minorities, therefore we need to get the word out. Mr. Simonson mentioned the Census Bureau is supposedly coming out in December with a designated map and assured the Commission he will keep pursuing the matter. {~.-. I:. ;. (2) ,rndicated he will bring up 5 or 6 things at the next meeting. which he thinks are important to the City and which he is considering including in his presentation at the. upcoming APA conference. Mr. Brisgill said he would like to run these ideas by the Commission and' get their input. -6- & ' . . :~.~.: steve Simonson stressed that the Commission needs to support Chairman Brisgill in this effort. Before the close of the meeting, Jim Shriver asked if he can be considered for the vacancy on the Commission if he's out of town. Bob Andrews replied the only way he knows how to accomplish this is for Mr. Shriver to write a letter to Steve Simonson asking to be considered by the Commission, giving adequate information about himself and then having Steve Simonson present it on his behalf. After further discussion, Keith Van Dine realized he will possibly be unable to at.tend the' next meeting and so Chairman Brisgill requested that the applicants be asked to attend the meeting on July 11th rather than June 27th as previously suggested. This solved Jim Shriver's problem since he will be back in town for the July 11th meeting ~, ,'. 19 ADJOURNMENT Chairman Brisgill adjourned the meeting at 8:23 P.M. The next regularly scheduled meeting is June 27, 1989. ~-~~ H: :' ;A~ ~. -7-