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02-11-1986 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, February 11, 1986 at 7:00 P.M. in the Municipal Complex Conference Room. Members present were as follows: PLANNING AND ZONING COMMISSION CITY STAFF THOMAS YARLING, CHAIRMAN STEVE SIMONSON, PLANNING COORDINATOR BOB ANDREWS, VICE-CHAIRMAN NORMA ALTHOUSE, RECORDING SECRETARY JAMES HARDEN, SECRETARY MERWIN WILLMAN OTHERS PRESENT TY BRISGILL DAVID ALLEN MR. AND MRS. ROBERT C. SAUNDERSON DONALD WILSON KEN GREENWALD, COUNCILMAN #1 CALL TO ORDER _ Chairman Yarling called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session January 28, 1986 Merwin Willman pointed out that the next to the last line of the second page should be amended to read Crow Development Subdivision instead of Oak Run. Ty Brisgill made a motion to approve the minutes, as amended, for the regular session January 28, 1986. David Allen seconded the motion and the vote was unanimous in favor. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS - There was none. #4 CONSIDER AND MAKE RECOMMENDATION: Strasburger Enterprises (Payless Gas) Request for Temporary Construction Sign FM 3009 and Borgfeld Road There was no one present to represent Payless. Chairman Yarling asked if the proposed sign is in conformance with the ordinance. Steve Simonson replied yes - we require they be 10' off the driving surface and the proposed sign is approximately 40' off the driving surface. Merwin Willman commented all we need is to give them a time limit. Steve Simonson said they had asked for 103 days. David Allen asked if that is until they open up. Chairman Yarling suggested we give them until May 30. David Allen made a motion to recommend approval of a request by Strasburger Enterprises (Payless Gas) for-a temporary construction sign at FM 3009 and Borgfeld Road through May 30 or until it opens - if that should occur before 4 May 30, 1986. Ty Brisgill seconded the motion and the vote was unanimous in favor. #5 CONSIDER AND MAKE RECOMMENDATION: Robert C. Saunderson and Felix-.Leon Rezoning Request from R-2 to NS Chairman Yarling informed the Commission that Mr. Saunderson and his wife were present. . Steve Simonson told the Commission the request and a map indicating the location of the property were in their package. Mr. Simonson also told the Commission the property is in the 100 year floodplain and the Saundersons will have to con- form to the requirements for building in the floodplain. Merwin Willman asked how many acres the property was. Mrs. Saunderson replied 3.56 acres. Chairman Yarling asked if that included the restaurant and parking lot. Mrs. Saunderson replied yes it did with room also for expansion in the future. David Allen asked if it was going to be a Mexican Restaurant. Mrs. Saunderson replied no it would be an American Restaurant. Mr. Saunderson passed around to the Commission a picture of a building similar to the proposed restaurant. Merwin Willman brought up the question of the liquor license and whether or not the property is too close to the high school for them to obtain the license. There was some discussion on this and the Commission suggested the Saundersons check into it. David Allen asked the Saundersons if they were aware they are in the floodplain. Mrs. Saunderson replied yes and said they had information from Fisher Engineering on how much the land needs to be built up. Mr. Saunders told the Commission if they were familiar with the Los Patios Res- taurant, this was going to be somewhat similar. Mrs. Saunderson commented they would try to salvage as many trees as possible and would be doing additional landscaping. Chairman Yarling asked the Saundersons if they. owned the property now. Mr. Saunderson replied they have a contract contingent on the approval of the request for rezoning. David Allen asked what kind of a time frame we're talking about before starting construction. Mr. Saunderson replied they're taking it one step at a time and Mrs. Saunderson estimated four to six months. Chairman Yarling reminded the Commission that neither the fact that they're in the floodplain nor the proximity to the school for the liquor license has anything to do with the rezoning. Chairman Yarling also asked if there were any comments from the Staff. Steve Simonson replied the only comments from the Staff were on the location in the floodplain. Merwin Willman asked Saundersons. if they were aware the fill must come from the same land. There was some discussion on this with Steve Simonson remarking that he was sure the engineer understands our provisions. David Allen made a motion to recommend to City Council the request for rezoning from R-2 to NS by Robert C. Saunderson and Felix Leon be scheduled for a public hearing. Donald Wilson seconded the motion and the vote was unanimous in favor. Steve Simonson told the Saundersons he would let them know the date for the public hearing. Mrs. Saunderson asked where she could get some information on the pronE~rty lies of the high school and the Commission recommended she contact Hal Baldwin. Before closing the subject, Bob Andrews said he just wanted to clarify that the request was for rezoning to Neighborhood Services and Mr. Saunderson said yes that was correct. . Mr. and Mrs. Saunderson thanked the Commission for their cooperation. James Harden commented if there's going to be an Overlay Ordinance for the Schertz Parkway, it should be written now. Donald Wilson apologized to the Commission for missing the last several meetings stating he had been out of town and had also been in the hospital. #6 CONSIDER AND MAKE RECOMMENDATION: Zoning Ordinance The Commission discussed the Zoning Ordinance from Article XXV Board of Adjust- ment through the Schedule of Uses and made their suggested changes and recom- mendations. .Merwin Willman commented that the City Charter states the City Council is the Board of Adjustment, but, that the way he reads it, the state law says that is illegal. David Allen asked how it was in other cities. Merin Willman replied that in some cities he knew of, the Board of Adjustment was appointed by City Council but were not members of the Council itself. There was some discussion on this and Chairman Yarling asked Steve Simonson to send a memo to City Manager, Jimmy Gilmore, asking him to ,have it researched as far as the legality. Ken Greenwald also asked Steve Simonson to check on the current fine for mis- demeanors as far as violations and noncompliance with the Ordinance. Merwin Willman suggested we redo the Schedule of Uses. Mr. Willman feels we need to have more of the usual on the list and not so much of the unusual. The majority of the Commission members felt, that for a quick reference, an alphabetized list of the Schedule of Uses was easier to read. Only Office and Professional, Neighborhood Services, and General Business classifications have been alphabetized, so the rest of the classifications need to be put in alphabetical order. Chairman Yarling informed the Commission we will cover Appendix B - definitions at the next regularly scheduled meeting. Each member had received a copy of a list of suggestions by Merwin Willman on the additions to the Zoning Ordinance regarding the AICUZ. After looking over the list and discussing it, the Commission consented it should be incorporated into the Zoning Ordinance as soon as possible, especially considering recent events concerning land south of Randolph Air Force Base in the Schermerville area. #7 GENERAL DISCUSSION In regard to all the surveying stakes, signs, etc. and other similar acitvity along FM 3009, Steve Simonson commented they are working on a final for the widening of FM 3009. Mr. Simonson also said that representatives of The Larry Thomas Company want to set up a meeting about starting roads in the 77 acre location on the north side of Green Valley. Steve Simonson told the Commission they should take a look at the new Payless on FM 1103 - it is a really good job. Mr. Simonson also informed the Commission that NCS had picked up their permit. He - commented they will be spending a lot of money on landscaping. Steve Simonson remarked that Lone Star is abiding by our provisions. James Harden commented that Lone Star should be made to conform because they are the first one everyone will see. -Ken Greenwald reiterated Mr. Harden's comments adding that we need to be able to point to Lone Star and say there's the book, that's what you must follow. Ken Greenwald commented he had discussed, with several Council members, our sug- gested wording on the PUD of a reasonable mix and they had recommended leaving out the word reasonable. Mr. Greenwald also said they had suggested not stating a percentage - just saying three separate zones. Ken Greenwald remarked that everyone had seen Schertz Parkway and that the paving should start next month with an estimated finish time in nine months. Mr. Greenwald also said that City Manager, Jimmy Gilmore, wants to set up a meeting with the developers. James Harden commented that from just IH 35 to Maske Road they are coming in with a dead end road. Ken Greenwald remarked that's all the land they own and they're doing that so the state can't overlook the overpass. There was a brief discussion on the state owning property on the other side of IH 35. Ken Greenwald commented that new development is coming and when it starts it will explode. Ken Greenwald nformed the Commission that City Manager, Jimmy Gilmore, and Counci~- man Chuck Sharpe had attended the San Antonio Council meeting in regard to the annexation of the land south of Randolph Air Force Base in the Schermerville area. Mr. Greenwald said San Antonio agreed to give us frontage an IH 10 and the corner of FPi 1518. . Ken Greenwald said we cannot take in only raw farm land without frontage for a commercial tax base. Mr. Greenwald also said the land will not be very developable without frontage because of the AICUZ, the APZ and the clear zone, and that most of it will be farm land for a long time to come. Ken Greenwald reminded the Commission of the Library and Humane Society Dance at the Community Center on Saturday, February 15, 1986, Mr. Greenwald also said that on Sunday, February 23, 1986 from 3:00 P.M. until 7:30 P.M., at the VFW, the Buffalo Valley Jamboree for SAFES will be held. Bob Andrews commented we should not hesitate to enforce the Overlay Ordinance because those interested in buying along FM 3009 are not afraid of it. As a matter of fact, they like .it and appreciate it. Ken Greenwald remarked that the Joint Venture Group has asked us to write an Overlay Ordinance for Schertz Parkway. Mr. Greenwald felt it was inevitable. Donald Wilson stated he would be attending the City Council Workshop to protest the Schertz-Greenfield "dump". Mr. Wilson said one of his neighbors had put on a new roof, dumping all the old material and other garbage which is now blocking the access. Donald Wilson also commented on the hazards of dried out wood fences. David Allen remarked he liked the clean look of chain link fences and James Harden suggested planting shrubs in lieu of a fence. David Allen reported that the Selma Police were once again patrolling the Schertz area and cited one particular incident he had witnessed. Mr. A11en had taken the last three digits of the Selma policeman's license number. Donald Wilson reported that a number of people have been getting solicitation calls from an organization called the Texas Highway Patrolmens' Association. Mr. Wilson said it has nothing to do with the police at all and is t~ king advantage of people. Merwin Willman commented on the papers he had received from the Guadalupe Appraisal Office noting they did not say originally they needed a copy of the VA disability letter. Mr. Willman sent in the papers and they sent him a letter saying they needed a copy of the VA disability. He now has to spend more postage money to send them a copy and he feels sure the same thing has happened to others. There was a brief discussion on some of the scams. around the area. Ken Greenwald said Paul Davis is trying to get permission to run the Attorney General's letter in the Herald again. David Allen commented there's a Captain on the DPS in San Antonio that likes to be informed about any scams. There is a joint public hearing scheduled for February 18, 1986. The next regularly scheduled meeting is February 25, 1986. #8 ADJOURNMENT , Chairman Yarling adjourned the meeting at 9:10 P.M.