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11-14-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, November 14, 1995 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF PIA JARMAN, CHAIRWOMAN STEVE SIMONSON, DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY DENISE GRANGER, TONY MORENO PLANNING SECRETARY KEITH VAN DINE KEN GREENWALD, COUNCILMAN MEMBERS ABSENT OTHERS PRESENT ERNIE EVANS (WORK RELATED) Raymond Krans, 4313 Shady Oak Gary Wallace, 2933 Bent Tree Kenneth Webster, 1021 White Wing Walter Peck, 7716 Cool Sands Wilhelm Nightingale, 113 Henry Ford Ted Duigon, 1112 Antler #1 CALL TO ORDER Chairwoman Pia Jarman called the November 14, 1995 regular meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Public Hearing and Regular Session October 24, 1995. Merwin Willman moved to approve the October 24, 1995 Public Hearing and Regular Session minutes. Tony Moreno seconded the motion which carried with a unanimous vote. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Raymond Krans 4313 Shady Oak for a Home Occupation Permit. (PC #250-95) Steve Simonson stated in the notes to the Commission, Mr. Krans had come to Steve requesting to obtain a Home Occupation permit due to the fact .that the ATF changes are taking place with the licensing of firearms. Mr. Krans asked what is allowed and what is not allowed in a Home Occupation permit. It is not specifically stated in our ordinance on this type of request. The ATF informed Mr. Krans to be able to renew his license he would need to get approval by the City on City letter head that this type of business will be allowed. This is being brought before the Commission because nothing specifically, for or against this type of business is stated in the ordinance. However this does meet the general requirements of a non-invasive residential type of use fora Home Occupation permit. Pia Jarman asked why the renewal is necessary. Pia Jarman commented that she does understand that this has not happened before. Is this something new that the ATF is requiring? Steve Simonson explained that the ATF has always required that Federal firearm licenses be renewed but now they are holding up the renewal process until they get in writing that the City in which .the person will be operating this type of business is aware of this type of business taking place and that it is authorized. We are not the only City that the ATF has requested a copy of the ordinance. Pia Jarman questioned the statement (#11) on the Home Occupation application "Have you ever been denied authorization for a home occupation permit by the City of Schertz?" the answer Mr. Krans gave is "no" but does Mr. Krans have a Home Occupation permit at this time? Mr. Krans stated at this time he does not have a Home Occupation permit. Pia Jarman asked if the reason for this is because for firearms such a permit was not required before by the City. Mr. Krans advised that the permit may have been required by the City before but he did not realize that he needed a Home Occupation permit. Merwin Willman asked Mr. Krans if he had any ammunition or gun powder at his residence? Mr. Krans advised that the ATF also asked this question because if you have gun powder you have to have a different type of license. The only ammunition that is at his residence is what he needs for his own personal use for hunting and once in a while he will receive some from a gun show. Mr. Krans stated that he does not sell ammunition. Keith Van Dine asked Mr. Krans if he stores ammunition? Mr. Krans advised he has some for his own use. Merwin Willman asked what type of security he has in the event of a burglary and how many weapons does he have on hand at one time? -2- Mr. Krans stated he has three (3) very substantial safes. Plus a dog that alerts if anyone is near the premises. How many weapons he has on hand will fluctuate depending on sales. He mentioned a substantial average. Pia Jarman asked if this amount would be before a gun show? Mr. Krans advised that is correct. Mr. Krans mentioned that at this time he has quite a few because there is a gun show coming up in Houston. Merwin Willman questioned if Mr. Krans has to keep a record of all the serial numbers. Mr. Krans advised that he does have to keep serial numbers because that is the law. Pia Jarman said that before all the Commissioners were present Steve Simonson stated that this request would be setting a precedent, and she requested Steve to reiterate what he had said. Steve Simonson stated that yes, it would be a precedent. Because this is not listed as a "non-use", normally this type of request would not have been brought before the Commission. Because it is a non-invasive type of use and because prior authority was given to the City Staff by the Commission. However, now based upon the ATF specifically requesting information on actions that the City takes Steve felt it to be appropriate to bring this request before the Commission to state what the Commission will or will not allow in regard to firearms dealing in the City. This will give staff guidelines for the future and it will also set a precedent for what the Commission will or will not allow. Pia Jarman stated that as with the other Home Occupation permits, once this is approved, this gives Steve the authority to authorize this type of request without coming before the Commission. Steve Simonson stated that is correct. Merwin Willman asked if there is any requirement that Mr. Krans notify the local police department that he has a large quantity of firearms. Mr. Krans advised that there is no requirement. The only requirement is with the renewal process only. With the renewal process, Mr. Krans did have to send a copy of his renewal request to the Chief of Police which has been done. It does not state how many weapons he has. It just states that he is renewing his firearms license as a dealer. Pia Jarman mentioned this type of request deals with a very emotional issue and citizens get very alarmed when they hear anything about firearms dealing in anyone's home. Because we are setting a precedent, Pia wonders if the other Commissioners may have any other questions or comments. David Richmond mentioned he was concerned about this request initally but with the questions that were asked by the other Commissioners he feels reassured. It is important that our local police department be aware that firearms are being stored in the -3- City at a particular residence. The other concern was how much ammunition was being stored but with there not being any undue amount, he doesn't feel uneasy. Pia Jarman asked Mr. Krans how he transports the firearms to the shows? Mr. Krans advised that he always travels with another vehicle in case there was a problem there would be another person to help out. In case of one car breaking down, all the guns would be removed to the other vehicle. In no event are the guns left unattended in a vehicle. Mr. Krans stated that he does no advertising. Only people that he knows come to his house. He only sells at gun shows, and through mail order. Ken Greenwald commented if the Commission had to go through this process every time they would probably be surprised on how many dealers there are in Schertz. Mr. Krans mentioned that the City of San Antonio does not allow this type of home occupation due to the leadership of their City and the crime rate. Mr. Krans advised that he likes the City of Schertz and would abide by its rules. Pia Jarman explained because this is a very serious subject and because the ATF wants the City's involvement, there are three (3) options that the Commission can take. The request can be approved, disapproved or it can be postponed for decision until the next meeting for further study. We may think of something that we can not think of at the moment. These are the three options at this time, if there are no other comments or questions to be asked by the Commission or Mr. Krans. Merwin Willman moved to approve the request from Raymond Krans 4313 Shady Oak for a Home Occupation Permit. Keith Van Dine seconded the motion which carried as follows: AYES: David Richmond, Merwin Willman, Keith Van Dine, Tony Moreno. NAYES: Pia Jarman. Mr. Krans stated that for any reason that the Commission should receive any complaints against him, he will cease and desist. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Special District Gated Communities Steve Simonson advised we as well as most cities do not have much on gated communities. Gated communities have been around many years. For the most part they were allowed to blossom based upon a premise if you had a private street and it would be taken care of that was fine. Society and reality have changed. There is legal pressure and political pressure. San Antonio is finding this out very quickly. There are three (3) subdivisions in their City that are gated that San Antonio is going to have to maintain. This has -4- been brought before the Commission before and Merwin has always talked about gated communities. At this time there needs to be some control in our ordinance before someone comes in with a plan for a full fledged gated community within our city. There should be a zoning on it not just a Planned Unit Development. A planned unit development connotes three or more uses and most gated communities are single use. The Commission has received the material that the lawyers looked at and commented on. Merwin has drafted material for the Commission to review. What the Commission has before them is a draft, step-by-step senario that would be called a Special District Gated Communities and put on the zoning map for everyone to know what we are talking about. This is a draft for the Commission to review and before the UDC is sent for approval the part on Special District will need to be in place. There is a current home builder in the area that is building a gated community in the Northeast section of San Antonio and is looking at property on Schertz Parkway with between 100 - 188 acres. Steve felt it was imperative to address this issue and appreciates all the work that Merwin has done to put this together for the Commission. Pia Jarman mentioned the article that was in the paper a few weeks ago on gated communities. Steve Simonson advised there are three (3) subdivisions that were built in the 70's in San Antonio that are gated and San Antonio is going to have to take back and accept responsibility for maintenance on the streets. Merwin Willman commented that some of the information came out of the zoning news from a few years ago. Pia Jarman mentioned on 6.2, 6.2.1 the word "issurance" should be "issuance". Also on 6.2.5 "a private street subdivision will not cross an existing or proposed thoroughfare as shown on the City's most recent thoroughfare plan". Should it not read "the most recent or planned" thoroughfare. It would be like Woodland Oaks Drive that was planned to go through and no longer will be. Steve Simonson advised it would show on the most recent thoroughfare plan. This is one of the discussions that will have to be if anyone was to come before the Commission with a plan and proposed to deny access to a major thoroughfare that is on our plan. The Commission will have to either agree or disagree. With any major thoroughfare it would be very hard to accept something that would deny access to a major thoroughfare. A minor residential street may not cause a problem but a major thoroughfare would. David Richmond thanked Merwin for putting this all together with Steve's help. David commented that this is needed. We are in a situation in Schertz right now where we only have one (1) or two (2) gated communities and it should be in the UDC before it is -5- approved. Pia Jarman added her thanks to Merwin and she mentioned the portion on the Homeowners Association will be very helpful. Steve Simonson explained the information that was used for the Homeowners Association was taken from the briefs given by our legal department. If the City is going to allow a subdivision in our City with major streets, the City must have awareness on what is happening in that gated subdivision, as well as know the communities' ability to maintain the thoroughfares. The City still has the responsibility to respond for fire, police, and EMS services, etc. If the streets are not maintained then you are creating additional problems. Everyone knows what happens to streets that are not maintained. Ken Greenwald asked on 6.3.6 would we need to include every service that would be provided i.e. "utilities?" Steve Simonson advised that since such things are over and under streets and does not impede anything, utilities are not usually a problem. Ken Greenwald asked about the sweeping of streets? Steve Simonson stated there are a lot of things that will need to be listed in the agreement with the Homeowners Association on what the City will do and not do. There are so many variables that are taken away when the normal operation of a City is cut off from a subdivision. David Richmond moved to include Article VII Special District, Section 6 Secured (Gated) Communities into the draft of the UDC that is being finalized. Keith Van Dine seconded the motion which carried with a unanimous vote. Steve Simonson mentioned if the Commission could review the draft of the UDC for any changes so as it can get forwarded to City Council for approval at the next meeting. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Interview Applicants The following had submitted applications for the position of Commissioner: Messrs. Ted Duigon, Glen McBride, Wilhelm Nightingale, Gary Wallace and Kenneth Webster. Mr. McBride was not present at the meeting, reducing the number of candidates to four (4). #7 CONSIDER AND MAKE RECOMMENDATION: Selection From Applicants for New Commissioner Other than Mr. Wallace whom David Richmond knew and vouched for, none of the other candidates were known to the Commissioners personally. All four seemed qualified and had presented themselves well at the interview. Tony Moreno wished the candidates could be ranked numerically. David Richmond suggested that each of the Commissioners assign numbers one (1) to four (4) to each applicant, four (4) being for the best qualified. Then all the points -6- assigned each individual could be totalled and the one with the most points would be the top candidate. After further discussion on the relative merits of the candidates, the locality they represented and other pertinent data, as well as impressions and thoughts of the Commissioners, the polling suggested by David Richmond was adopted with Mr. Wallace having the highest ranking. David Richmond moved to recommend to the City Council that Gary Wallace be appointed as Commissioner based on the informal poll taken. Tony Moreno seconded the motion which carried unanimously. #8 CONSIDER AND DISCUSS: Future Growth Steve Simonson asked for the Commissioners to look at the revised map that is in their packets on the major thoroughfare plan. There are several items that are major changes from the original map. Where Green Valley Road was showing to go across, it has been taken out as a major thoroughfare. Oak Street is no longer going forward along with a few other streets from the older subdivisions. Schertz Parkway is the main parallel which is already in the City. The other main departure from the original map is where Dietz Road, going up into the back of Greenshire connecting with Weiderstein Road, eventually will be connecting with IH 35. This may or may not happen but Woodland Oaks Drive will stop. This map is in some ways a good tool and a defensive tool. Tony Moreno asked if there would be a major thoroughfare between Weiderstein Road and IH 35. Steve Simonson advised that the map will have to be corrected as there will be an over pass at Weiderstein and IH 35. They will lower FM 3009 to keep it level by FM 2252 with an over pass. This is a conceptual thing that may not happen and we will have to get Cibolo involved also. Mervin Willman asked if this had to do with them wanting to put a school in? Steve Simonson advised that was correct. Steve Simonson explained that this is a defensive measure if the Commission does not want any of the thoroughfares, they can be taken out. We do not want any thoroughfares connecting south of Greenshire which was how it was originally set up. Mervin Willman mentioned if the school is to go up there you will need to have something in the back of Greenshire otherwise they will be coming out onto Woodland Oaks Drive. Steve Simonson mentioned when the previous discussion was held in the conference room, in a general meeting, Steve did not make any promises on what the Commission would or would not allow. The one thing Steve did say for certain was, if this was allowed and the developers did sell the property to the school, the only way a road would be opened up to the south to Scott Felder Property, Dove Meadows, Thistle Creek, and Dobey to accommodate what they said -7- they originally wanted, was a neighborhood school system where children could walk and ride bicycles to and from school. The only way the City of Schertz would authorize something like this would be if they built a major thoroughfare a 44' wide road with no driveways on to it. The school will need to build at least a large path to provide walking and bicycling. Putting this on the map is just a defensive measure. Steve then can attend a meeting with the map and let the school and Cibolo know what Planning and Zoning is willing to do. Keith Van Dine questioned the area of Schertz that was most recently annexed, off Ware Seguin Road. There is one little major thoroughfare that starts at the corner of Ware Seguin and the road just ends. Steve Simonson explained that the existing road that is there is part of the major thoroughfare even though it may not be marked. The City does have the ROW and it will be part of the major thoroughfare plan. Keith Van Dine questioned with FM 78 parelling with FM 1518 is it in the future, due to future development in that area, that it will become a major thoroughfare? Steve Simonson explained the reason it is showing on the map is to give us some leverage to be able to work with future developers because there has to be a better connection to FM 78 than we have now. Steve Simonson mentioned it connects much easier farther down Trainer Hale Road but it is the concept that we want to put in. The best thing that could happen to FM 1518 would be for the Highway Department to build another bridge, a great big long span, from the existing FM 1518 over to FM 1518 on the other side by the park. The Highway Department is not going to do that so, as the City grows we are going to receive all the traffic from FM 1518 to FM 78 across the bridge, across the railroad tracks to First Street, through the old part of the City past the school, and the park. What we are saying with the road, that an extension of FM 3009 south parelling with FM 1518 would make alot of sense. It may have to go much farther east, but something has to be done to relieve the pressure off traffic on FM 1518. Loop 1604 is a good road but after Loop 1604 there is no other road to connect with IH 35 or IH 10 until you get to New Braunfels/Sequin. Mervin Willman asked if any of the Commissioners had any ideas on any roads that they feel should be on the map for the future? Keith Van Dine commented any of the roads could change based upon future development. This is just a starting point. #9 CONSIDER AND DISCUSS: Recommendation to Cancel the Regular Session on December 26, 1995 -8- Traditionally there has been one meeting in December, unless something unforseen arises. David Richmond moved to cancel the regular session on December 26, 1995. Tony Moreno seconded the motion which carried with a unanimous vote. #10 GENERAL DISCUSSION: Tonv Moreno• Tony Moreno stated he had no comments. Keith Van Dine• Keith Van Dine stated he had no comments. Merwin Willman: Merwin Willman mentioned that back in October the Commission disapproved Woodland Oaks Units 5 & 6 for a name change. Is there anything new on this? Steve Simonson said no. Merwin Willman commented on the letter to the department heads on the traffic count also new platting that was done in 1993 and 1994. Merwin feels that these two letters are of extreme importance and the City Council should be aware of the signifiance of these two letters. The City Council should start taking a look at the future development of the City and start making plans. There needs to be a capital improvement program started. If the growth keeps continuing at this rate, in another year we will be hiding behind the eight ball. For example with Greenfield Road delevopment is coming along up there and that road is going to have to be improved. The City is going to be responsible and it is going to cost a small fortune. Ken Greenwald mentioned that there is a Capital Improvement program but it is slow-moving and there is not much money in it. The tax rate is being held down to run what it costs to run the City. Where is the extra money going to come from to put in a savings? Pia Jarman asked how other cities manage this program? Ken Greenwald advised about 98~ of a capital improvement program is raised by passing a bond issue. Which is in effect telling the citizens we are going to raise your taxes. There are cities that have a school district with a very high tax base that can afford to put monies aside. Unfortunately the City of Schertz doesn't have it. Merwin Willman mentioned that a few years ago the City had to borrow money to operate on. With the planning of the future it does show money being put aside. It is just planned and talked about but not acted upon. The purpose of the Capital Improvement plan is to set up for future things that will be need such as: a -9- new fire engine, street improvements etc. and budgeted accordingly. Ken Greenwald mentioned water/waste water, water system, capital recovery fees work very well as far as taking care of most capital improvements in that area. For major capital improvements there is not enough money on a small city's budget to cover this. Major road work is between $8 - $9 a linear foot for overlay. The only way to solve the problem is to raise taxes. Merwin Willman commented he felt they should not have reduced taxes this last time, they should have stayed the same. Ken Greenwald explained the formula that is used to figure this is not simple. With the growth and the appraised value and how much it has gone up you have to watch the 3,7, 8~ increase. It may sound small but it is expensive. The election 2 or 3 weeks ago was to take off 2 or 3 items on the non profit fraternal organization to take them off the tax roll. It may sound great you are taking the Lions, Kiwanis Clubs etc. but who is going to make up the tax money. It may sound good but someone needs to pick up the slack. With the tax abatements, this year should show something. The City Council is looking into the situation on raising taxes but by how much before the citizens become angry because of a tax increase. David Richmond: David Richmond stated he had no comments. Pia Jarman• Pia Jarman asked if everyone had read the copy of the Mayor's letter that had gone to Bob and Joyce. "David and I have discussed this. That as a gesture of support to Bob and Joyce, we thought that perhaps taking on their duties for the judging of the lighting contest, would be a nice thing to do as a Commission. We are asking the Commissioners to help out with the judging". The judging will take place on the December 14, 1995 Thursday at 7:00 p.m. until about 9:30 p.m. If the weather should be so bad, then December 15, 1995 is the makeup day. If anyone is interested please let Pia know as soon as possible. Also if any of the spouses would like to come along they are welcome. Steve Simonson mentioned that Ken has also has between 6 or 7 individuals that are willing to help in the judging. Merwin Willman reminded everyone that on Saturday at the Community Center the Senior Citizens will be having their bazaar from 8:00 a.m. - 3:00 p.m. Councilman Ken Greenwald: Ken Greenwald commented on the letter on the traffic counts from FM 78 to Cibolo Creek there are 16,000 cars. From Schertz Parkway there are 13,000 there are 2,300 cars with only 3 streets feeding -10- off. On FM 3009 it shows 2,500 cars. Steve Simonson explained the 13,000 is just past Schertz Parkway and the other drop is just past FM 3009. It shows Schertz Parkway, Randolph, and First with 2,300 cars which is a lot of cars. Steve Simonson• Steve Simonson advised that Joe Veytia's 6 month extension to build the R-6 rezoning on Elbel Road and Schertz Parkway is up as of November 23, 1995. Would the Commission like this item to be on the agenda for December 12, 1995 so Mr. Veytia can explain why he hasn't built on the property? The Commission agreed to have Mr. Veytia attend the December 12, 1995 meeting. #11 ADJOURNMENT: Merwin Willman moved to adjourn the meeting. Keith Van Dine seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 9:30 p.m. The next regularly scheduled meeting is November 28, 1995. Chairw man, Planning and Zoning Commission City o Schertz, Texas ATTEST: P anning Secretary City of Schertz, Texas -11-