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01-12-1988PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, January 12, 1988 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING AND ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN TY BRISGILL, VICE- CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN RANDY GROSSMAN MARY MARSH GEORGE VICK KEN GREENWALD, COUNCILMAN OTHERS PRESENT STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SEC'Y. #1. CALL TO ORDER. DARWIN PEEK GARY L. ENSMINGER GAYLORD REAVES, REAVES ENGINEERING FRANCES WILMORE Chairman. Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session December 8, 1987 Chairman. Andrews, who was not at the December 8, 1987 meeting, asked the consensus of the Commission to make an amendment to the minutes of November 24, 1987 even though they had been approves. The Commission gave their consensus, so Mr. Andrews asked that at the end of Page 3 it be noted that he informed Don Redden of Monarch Homes that he could appeal the Commission's decision through the Board of Adjustment. Ty Brisgill made a motion to approve the minutes for the regular session December 8, 1987 and to amend the minutes for the regular session November 24, 1987 by adding that Chairman Andrews informed Don Redden of Monarch Homes that he could appeal the Commission's decision through the Board of Adjustment. Mary Marsh seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none at this time. (Frances Wilmore arrived at the meeting too late for this Item and had something she wanted to bring before the Commission, so Chairman Andrews regressed back to Item TM3 following the discussion and vote on Item 7#5.) #4 CONSIDER AND MARE RECOMMENDATION: Darwin and Pat Peek - Request to rezone two properties (a) an eight acre tract from R -1 to GB and ( b ) a six acre tract from R -1 to NS Darwin Peek was at the meeting to represent this request. Chairman Andrews asked Steve Simonson if there was any Staff input other than the comments that were included in the package, and Mr. Simonson replied there was not. At this time Darwin Peek made a few comments. Mr. Peek said the land directly across from him is zoned General Business. Mr. Pee]•_ also said he has two stub -cuts on his property - one at Tiny Elm and one in the center of his property line in the north corner. Mr. Peek went on to say his house is on the six -acre tract which is now zoned R -1 and he is requesting it be rezoned to Neighborhood Services. Chairman Andrews reminded the Commission that this request, if recommended for approval, would need to go to a public hearing. Merwin Willman remarked that the Commission should consider Article XXIII Section 2.2.2 of the Zoning Ordinance prior to this request going to a public hearing. Article XXIII Section 2.2.2 cf the Zoning Ordinance reads as follows: "Petitions shall be reviewed by the Planning and Zoning Commission at it's regularly scheduled meeting. The petition shall appear on the agenda that has been published and distributed to them not less than three days prior to such meeting. The application or petition may be recommended for a public zoning hearing by the majority of the Planning and Zoning Commission, if the following conditions are met: 1. The requested change is in keeping with the comprehensive plan adopted by the City Council. 2. There has been environmental and /or economical changes which warrants a change since it's original zoning. 3, Granting of the request would not create an incompatible use different from the surrounding property, or show favor to the property under consideration for rezoning. (Spot Zoning) 4. There is an error in the original zoning of the property for which a change is requested. The applicant shall be advised in writing by an appropriate City Staff member of action taken on the petition." Merwin Willman noted that he has trouble justifying the approval of a request when it does not meet all four conditions required by the Zoning Ordinance. -2- Merwin Willman also pointed out that all other Neighborhood Services zonings are along improved streets which would not be true in this case since Maske Road is unimproved. Cha:i.rman Andrews commented he had the same. line of thought in that it is an unimproved road and the surrounding neighborhood on three sides, except f:-,r Maske Road which is is Undeveloped, is zoned R -l. Ty Brisgill commented he didn't know how this request could meet all fcur `condit.icns required in the Zoning Ordinance, but he thought it ought to meet at least one of them in order to be recommended for a public hearing. At this time Ty Brisgill went through the four conditions step by step and reviewed Darwin Peek's request to determine if it met any of the conditions. Mr. Brisgill said in.his opinion it did not meet any of them. Mary Marsh, referring to w2 ("There has been environmental and /or economical changes which warrants a change since it's original zoning. ") questioned how far out the boundaries extend whereby the Commission considers eY v ironmen t a l and economical change since the Schertz Parkway is new and would definitely be a change. Darwin Peep asked how Woodland Oaks is zoned and Steve Simonson replied it is zoned DUD. Darwin Peek remarked that the drainage area is not zoned R -1, it is not even platted. Steve Simonson said the drainage area titi-ill have it's own drainage space and the surrounding area will be zoned for single - residential dwellings. Darwin Peek said he would like to address the subject of environmental change since he now has a major problem with a lot of traffic through his property by way of Tiny Elm. Mr. Peek said it would be to his benefit to keel: it closed, but he doesn't think he will be able to do that. Mr. Peek did say he would like to open up the small lower street to Maske Road at some time in the future. Mary Marsh asked Darwin Peek why he wants the zoning change and he replied he thinks it is appropriate, he would like to open up the lower end because of the traffic he is getting and it would reduce the damage, liability and vandalism to his property if it were allowed to open up and develop, and it would be easier to develop if the zoning were changed. Chairman Andrews remarked that he didn't see the need for a zoning change to open up a road. Darwin Peek_ replied to this by saying that improvement on a road would be much easier to finance if the area surrounding it were zoned General Business. Mr. Peek also observed that this would match up with the, Zoning on the other side of the road. the- -3- Ty Brisgill asked Darwin Peek if he would be interested in rezoning only part of his property and Mr. Peek indicated there is a possibility he may consider that option. Ty Brisgill said he could see the logic in Mr. Peek's request to rezone one of the tracts to General Business, but he thouy?it it looked like the property that Darwin Peek is asking to he rezoned Neighborhood Services would be in the middle of an area zoned all R -1. George Vick remarked that he didn't thirk it would be appropriate to put a Neighborhood Services zoning in the midu.le of an area zoned all R -1. Darwin Peek commented that he is assuming Maske Road will be improved. Merwin Willman reminded Mr. Peek there has been some talk about the City abandoning part of Masl�e Road, from Schertz Parkway to E. Live Oak Road, and deeding it back to the property owners. Ty Brisgill made a motion to disapprove the request fro.;, Darwin and Pat Peek to rezone two properties, (a) an eight acre tract from R -1 to GB and (b) a six acre tract from R -1 to NS, because the request does not meet the conditions out-lined in Article XXIII, Section 2.2.2 of the City of Schuetz Zoning Ordinance. Merwin Willman seconded the :notion and the vote was unanimous in favor. Motion carried. Chairman Andrews informed Darwin Peek he does have the right to appeal the Commission's decision through the Board of Adjustment. 5 CONSIDER AND TAKE APPROPRIATE ACTION: Final Plat Approval - Shefman Schuetz Subdivision Norman Schuetz was at the meeting to represent this request. Chairman Andrews asked Steve Simonson for any Staff input and Mr. Simonson said there was none. Mr. Simonson did say, however, that the City Engineer had required some changes on the plat and they had been made. Mary Marsh made a motion to approve the final plat for the Shefman - Schuetz Subdivision. (Chairman Andrews asked that the motion be amended to say the final plat must include the Julian date. It was so amended.) Keith Van Dine seconded the motion and the vote-was unanimous in favor. Motion carried. ;6 CONSIDER AND TAKE APPROPRIATE ACTION: Reaves Engineering - Request for Preliminary and Final Approval of the Amended Plat for Scenic Hills Community, Phase I (renumbering of Lots 81 through 84 to 8E through 89) -4- Gaylord Reaves was at the meeting to represent this request. Mary Marsh asked if this request is just for renumbering and Merwin Willman replied there is more to it. Gaylord Reaves informed the Commission there were two changes, (1) the numbers were changed because they were in conflict with a previously filed plat and (2) they showed the transformer locations that were on the original plat. Merwin Wil'lr.�an pointed out that on the original vacate and replat they had made 6 lots into 4 lots and showed 5 transformers, then on the plat they submitted in May they didn't show the transformers, and Mr. Willman said the amended plat should be the same as the one approved in May but it isn't. Gaylord Reaves responded to this and said the 6 transformers should have been en the plat in May and that he does not have the permission of the electric company to remove the transformers. After clearing up the matter of the transformers, Merwin Willman made a motion to approve the request from Reaves Engineering for prelimina-ry and final approval of the amended plat for Scenic Hills Community, Phase I (renumbering of lots 81 through 84 to 86 through 89). George Vick_ seconded the motion: and the vote was unanimous in favor. Motion carried. At this time Chairman Andrews asked the Commission's permission to regress to Item r3 - CITIZENS' INPUT OTHER THAN AGENDA ITEMS - so that Frances Wilmore, who had arrived too late for Item n3 originally, could make a presentation. The Commission granted permission.. Frances Wilmore addressed the Commission saying she resides at 105 Will Rogers 'and is a member of the Schertz United Methodist Church located at 310 First Street in Schertz. Mrs. Wilmore went on to say the church needs more Sunday school rooms and she would like to give them a mobile home for temporary use. Mrs. Wilmore said the church has not decided if they are going to build onto the present facility or build a new church in an entirely different location, and she would like to help them out in the meantime by providing the mobile home so they can use it for Sunday school rooms. When asked where the mobile home would be located, Mrs. Wilmore replied between the fellowship hall and the old parsonage. Mrs. Wilmore went on to explain the mobile home is 10' x 40' and in good condition. Chairman Andrews asked what she considered temporary and Mrs. Wilmore replied a year or less. Mary Marsh asked if they would be hooking up to water and sewage and Mrs. Wilmore replied no just to electricity. -5- Mary Marsh asked Chairman Andrews that as a point of procedure shouldn't Mrs. Wilmore submit this request to be on the agenda of the Planning and Zoning Commission. Chairman Andrews replied yes she should and then explained to Frances Wilmore that the request needs to be submitted formally and should include drawings showing such things as the size of the mo':ile home, the location, and the utilities, and should have some indication of the length of time the mobile home would remain in that location. Chairman Andrews told Frances Wilmore this was a good way to get started and thanked her fo,_ coming. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion on Formulating a List .,f Questions for Use during the Interviews of Planning & Zoning Commission ApplLicarts Chairman Andrews noted that this subject had beer. discussed previously and he had asked that it be put cr. the agenda of -he first meeting in January. Mary Marsh commented she thin] Commission should do it. Keith Van Dine stated he thought process if the Commission had a them among the members so that repeated during an interview. _s it's a good idea and the it would expedite the interview list of questions and divided the same questions aren't be Chairman Andrews suggested waiting until there is a vacancy on the o ^ '-hen formulating a list of questions. Mr. t...�. Commission a?.0 Andrews said his thinking in this is that there may not be a vacancy for several years and in that period of time there may be some changes that would effect the types of questions the Commission would want to ask an applicant. Mary Marsh said that's fine if it would definitely be done at the time of the vacancy. Ken Greenwald said he thought there were probably some questions that could be planned out in advance. Chairman Andrews asked Mary Marsh and Keith Van Dine if they would like to draw up some generalized questions and they replied they would. They also indicated they would like to have Merwin Willman's help with this project. George Vick noted he would like to have a copy of those questions. Randy Grossman stressed he would still like some room for spontaneity because every person is unique in some way and there may be a question he wound like to ask a particular applicant that he lculdn't ask- of other applicants. `I`hc Ccmmissi: n agreed. Mary Marsh suggested that she, Keith Van Dine and Merwin Willman make up a list of questions and have the list ready for the next meeting. Steve Simonson told Mary Marsh if they bring the list into him, he will see that it is checked for any duplications and typed for distribution in the package for the neat meeting. Before pl-occeding to Item #8, Chairman Andrews called the Commission's attention to the letter in their package from Don Decker requesting termination of the preliminary approval for Schaefer Village Mobile Home Park. 98 GENERAL DISCUSSION Mary Marsh asked if bus transportation (for example, VIA) from Schertz to San Antonio has ever been considered. Ken Greenwald explained the problem with VIA is that when you indicate to them you want their bus service and provide them with the routes where you would like that service, you automatically add 1 and 1/2% tax. VIA will then give ridership on a trial basis, and if there is not enough ridership they can automatically cut the routes, the number of buses, the size of the buses, or cut out service altogether, but the 1 and 1/2% tax continues. Mary Marsh then asked if Schertz has ever thought of it's own. Tien Greenwald informed Mrs. Marsh that several have tried, but didn't succeed. Steve Simonson pointed out that the only successful transportation service in Schertz has been the one provided for the senior citizens. Merwin Willman said even several taxis have tried but couldn't make a go of it. Steve Simonson said there had also been proposals for a Randolph Area Shuttle, but it never materialized. Mary Marsh reported that in regard to the citizens awareness group there will be a meeting at her house on January 21st about the upcoming widening of Jack Hays Boulevard. Mrs. Marsh said Steve Simonson will be there to speak and answer questions and she is hoping to get one or two representatives from each subdivision to attend so they can brief the others in their respective subdivisions and encourage them to attend the public hearing on February 3rd. Mrs. Marsh said she needs someone from Schertz proper and would appreciate names and telephone numbers anyone on the Commission could provide in that respect. Keith Van Dine informed the Commission he had spoken with the communications resource officer for the Texas Depart ant of 192 Corrections and was told if the City of Schertz expresses an interest in having a pre - release facility located in their area, the communications resource officer is the person with whom they will she working. Ken. Greenwald remarked that he thought part of the problem with Guadalupe County was t):ut it's s no, located neap the services the TDC wants provided. Steve Simonson commented there are some areas that could be considered' for such a facility. Randy Grossman asked if anyone knew what the telephone company was doing digging along Jack Hays ?jculc \-ard. Steve Simonson said they were upgrading due to the projected widening of the road and the growth in the area. Merwin Willman brought up the following: (a) distributed copies of the proposed street Mans to those who had not received them at the last meeting and asked the Commission to look them over and study them; requested discussion about them be on the :'text agenda or the first agenda in February; said in e is trying to work up a L ackage on z;::- i ^ - , -from E . Live Oak Road to I .1- 35; (C hairman Andrews asked that the discuss]-on on prcpcsed streets be on the next agenda.) (b) distributed copies, to those who had not received them at the last meeting, of an article on Schertz that was in the "IH -35 to Cor dor" g noted } lot o Windows ., ,., ri r.;ay�.zin�, n„ c_.d 4here are a o f statistics about Schertz in the article; (c) said the City -Plan needs to be updated and inquired as to how many members have a copy of the City Plan (only 2 have copies); (d) suggested the policy on bandit signs along Jack Hays Boulevard be extended to FM 78 because FM 78 needs to be cleaned up; (Mary Marsh agreed and Ken Greenwald commented that until it is widened, he doesn't know how the City would go about cleaning it up because most of the signs are in the railroad right -of- way.) (e) suggested the procedure be improved for subdividing land into two parcels - thinks it could be done in one step rather than two, but we need to get the procedure down in writing; (Chairman Andrews said ordinarily he would agree, but the City needs time to review the -preliminary plat.) (Merwin Willman said he disagrees with Mr. Andrews when it involves just two parcels.) Ken Greenwald brought up the following: (a) Council approved the Commission's membership in APA; 2 (b) referring again to the TDEC pre - release facility, said one of the considerations was the restrictions, but if someone has land that would fit the parameters, the City would talk with them; (c) the bus trip around the City is not forgotten, just need to coordinate between Planning & Zoning, Council and the school for a date, a bus and a driver; (d) 13th of February is the Humane Society and Library auction and dance; (e) hopes everyone saw today's newspaper in regard to portable signs being banned in San Antonio; Schertz has a reasonable ordinance that for the most part works; Ty Brisgill asked if one of the inspectors has talked to the builders about the bandit sign policy because they are once again exceeding their limits and even have signs located on telephone poles. Mr. Brisgill suggested that if the builders can't stay within the limits of the ordinance regarding bandit signs, the City ban the use of bandit signs altogether. Steve Simonson said he would have an inspector out this weekend. Keith Van. Dine asked if when the builders are in violation of the bandit sign policy, does the inspector pull up just the signs in violation or all the signs, and Steve Simonson replied all of them. Steve Simonson said also, in referring to FM 78, that permission from the railroad is required to put up signs in their right -cf- way and that is covered in our ordinance. Ty Brisgill asked if Slade Tree Automotive has a permit for their sign and Steve Simonson said he will check into it. Randy Grossman commented that when the other Commission members are sitting here talking about aesthetics, he feels like a schmuck_ in view of the City of Schertz sign on FM 78. Merwin Willman reminded Randy Grossman the City of Schertz sign was put up by GVEC and not the City, but Mr. Grossman maintained it still looks bad for the image of the City. Chairman Andrews brought up the following: (a) asked Steve Simonson if Melvin Golla, whose request for a mobile home variance had been on the October 13, 1387 agenda, had ever brought in any verification that his septic system met the state standards to allow the addition of a mobile home on the property; (Mr. Simonson said he would check into it.) (b) asked what kind of business the guy at the old Star_l_te Theater has because there must be at least 50 junk cars sitting back there; (Steve Simonson said the inspectors had been out last week to look over the situation and the gentleman was given thirty days to remove the junk cars from the premises.) (c) said the City street sweeper is still dumping at Cut-Off Park and exLressed concern that a damn is being guilt up and could cause problems in case there's another flooding situation; (Steve Simonson said the nearest. landfill is thirteen miles and if the street sweep-^,Y has to travel that far and dump and then travel back it will cut down on the effectiveness of the time he has for sweeping the street.) (d) noted there is a hazard at Randolph and Exchange; (Steve Simonson sa1.d the City is looking into it and trying to see who's going to clean it up.) (e) remarked there were either goats or sheep grazing in the backyard of the Palms Apartments off FM ?8; Keith Van Dine said he would like for Steve Simonson to know that th_• Police Department responded very quickly to a situation in the Sc?ni_rmervi 1 le area over the holidays. n ADJOURNMENT Chairman Andrews adjourned the meeting at 9:03 A.M. The next regularly scheduled meeting is January 26, _988. -10-