04-24-1990 PLANNING AND ZONING MINOTES
The Sehertz Planning-and Zoning Commission convened in a regular
session on Tuesday, April 24, 1990 at 7:00 P.M. in the Municipal
Complex Conference Room, 1400 Schertz Parkway. Those present
were as follows:
PLANNING AND ZONING COMMISSION CITY_STAFF
TY BRISGILL, CHAIRMAN STEVE SIMONSON,
JOE POTEMPA, VICE-CHAIRMAN ASST. CITY MANAGER
KEITH. .VAN DINE, SECRETARY ~ NORMA ALTHOUSE,
MERWIN WILLMAN RECORDING SECRETARY
GEORGE VICK
JIM SHRIVER
COUNCILPERSON :KEN GREENWALD
MEMBERS ABSENT
BOB ANDREWS
#1 CALL TO ORDER
~2 APPROVAL OF MINUTES: A. Regular Session April 10, 1990
B. Special Session March 27, 1990
A. Regular Session April 10, 1990
Jim Shriver made a motion to approve the minutes for the regular
session April 10, 1990. Keith Van Dine seconded the motion and
the vote was unanimous in favor. Motion carried.
B. Special Session March 27, 1990
Keith Van Dine made a motion to approve the minutes for the
special session March 27, 1990. Joe Potempa seconded the motion
and the vote was unanimous in favor. Motion carried.
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#3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none:
#4 CONSIDER AND MAKE RECOMMENDATION: Discussion on Changes to
the Junk Vehicle Ordinance Regarding Antique
Car Storage
Chairman Brisgill advised the Commission they should all have a
copy of a letter he wrote up pertaining to this matter, it was
in their package and reads as follows:
"TO: CITY COUNCIL -
FROM: PLANNING AND ZONING
SUBJECT: ANTIQUE CAR STORAGE
Since the implementation of the Junk Vehicle Ordinance, there
have been several instances .where antique car owners have asked
for the use of a car cover for their vehicles as an exception to
our present ordinance. The Junk Vehicle Ordinance has been very
useful in removing junk vehicles from our City, but we feel that
there should be more latitude given in covering or screening from
- public view these antique vehicles. In most cases, the owners
have already covered their vehicles with some type of cover,' but
our present ordinance-does not allow this.
The Planning and Zoning Commission recommends the following
change to the Junk Vehicle Ordinance 89-H-11. After confirmation -
that the vehicle in question satisfies the requirements of an
antique -vehicle (35+ years old), a clean, serviceable cover may
be used to shield this vehicle from public view. The cover shall
be maintained in good repair for the length of time it is used
for this purpose. The cover shall be .constructed of durable
opaque material and in the form of a car cover. The cover shall
not be constructed from such things as parachutes, used -paint
tarps and similar type tarps. Any variations from this section
must have the approval of the City Council.
The Planning and Zoning Commission has tabled 2 requests for the
use of these covers. We submitted a request for changing this
part of the ordinance on October 25, 1989 and have yet to receive
any information. Mr. Greenwald stated that the request is in the
- hands of the City Attorney. We submit that over 6 months should
be adequate time to make some decision. Also, we feel it is not
fair ~to the citizens of Schertz to have to wait an inordinate
amount of time on such a decision. Please consider this matter
at your earliest convenience."
George Vic~1~ asked how an antique car can create a health hazard.
Chairman Brisgill gave the example of someone letting weeds grow
up around the vehicle and also commented he was trying to
encompass the whole ordinance.
Merwin Willman commented he thinks the recommendations written up
by Chairman Brisgill will help the Commission a lot regarding
antique cars..
Chairman Brisgill mentioned that he, personally, would like to be
able to see car covers used as a means of screening from public
view.
George Vick then asked how the City would know it's an antique
under the cover. Chairman -Br-isgill replied he doesn't think
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someone will go to the expense of a nice fitted car cover for a
piece of junk.
George Vick questioned whether the inspector can lift up the
cover to make sure and Steve Simonson replied no he cannot.
Merwin Willman suggested that in the second paragraph where it
reads "The cover shall be. constructed of .durable .opaque material
and in the form of a car cover" that .the word "fitted" be
inserted before "car". The Commission agreed with this
suggestion.
Keith Van Dine inquired as to what constitutes a collector.
Chairman Brisgill replied that usually a collector meets the
requirements of the Ordinance. Merwin .Willman interjected that
the Ordinance covers the requirements for collectors.
- Jim Shriver asked how Chairman Brisgill`s memo ties in with the -
previous recommendation sent to City Council regarding
aesthetically appropriate covering.
Merwin Willman voiced the opinion that the previous
recommendation to City Council could be withdrawn. To this,
Chairman Brisgill commented it had already gone to the City
Attorney. Steve Simonson informed Mr. Brisgill it had not gone
to the City Attorney.
At this time Councilperson Ken Greenwald acknowledged- that he
owed the Commission an apology - the recommendation never went to
the City Attorney. Mr. Greenwald said he had assumed after it
was discussed at the Council workshop with a legal interpretation
having been requested, that it had been forwarded to the legal
department, but it was not.
Chairman Brisgill then suggested that in his memo, in the third
paragraph, after "October 25, 1989" the words "to City Council"
be added and the sentence starting with "Mr. Greenwald" be
stricken. a,The Commission agreed with this suggestion.
Merwin Willman brought up another point for discussion. Mr.
Willman recommend these antique vehicles be required to be parked
behind the front yard setback line.
Councilperson Ken Greenwald questioned how this is going to work
in an R-2 or a garden home area.
After some discussion, each member was polled for their opinion
on this suggestion.
George Vick said he couldn`t go along with it.
Jim Shriver said in some cases it`s impossible to enforce, but he
would go along with it if it's possible.
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Keith Van Dine was not in favor of it.
Joe Potempa~was in favor of it.
Chairman Brisgill said he agrees with the idea, but doesn`t think
it's workable, therefore he`s against it.
-With Merwin Willman having suggested it, it made the poll 3 in
favor and 3 against. .
Chairman Brisgill requested this point of discussion be included
in the letter to City Council saying the Commission`s opinion was
. split on Merwin Willman's suggestion. The Commission agreed with
this request.
Merwin Willman commented on the definition in the ordinance of an
antique vehicle and said he wished someone would clarify it.
Councilperson Greenwald noted that the definition was extracted
from the State law.
Merwin Willman made a motion to forward to City Council the
recommended changes to the Junk Vehicle Ordinance, with the
provisions listed, regarding antique vehicle storage.
Joe Potempa seconded the motion and the vote was unanimous in
favor. Motion carried.
~5 CONSIDER AND MAKE RECOMMENDATION: Continued Review of the
Jack Hays Blvd. & Schertz Parkway Overlay
Districts.
All the changes to the Jack Hays Blvd. Overlay District discussed
and recommended at the last meeting were typed up for the
Commission to review.
Chairman Brisgill asked the sub-committee if there was anything
else they~ywould like to bring up. (A sub-committee of Steve
Simonson,~Merwin Willman and Bob Andrews had worked on verbage
for Article XX, Section 2.3 (d) regarding alternate-site plans in
relationship to the 50` building setback line.)
Steve Simonson informed the Commission he thought the sub-
committee pretty much said what they wanted to and will continue
to work on this item and have suggestions later for perhaps a
special overlay in Schirmerville.
George Vick remarked these. recommended changes cover some of the
difficulties, but may have to be changed again. in the future.
George Vick made a motion to recommend approval to City Council
of the suggested changes to the Jack Hays Blvd. Overlay District.
Keith Van Dine seconded the motion and the vote was unanimous in.
favor. Motion carried. -
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#6 GENERAL DISCOSSION
George Vick•
{a) Mentioned the produce stand on IH-35 access road across
from Garden Ridge Pottery.- (Councilperson Ken Greenwald said it
is in Cibolo's ETJ and Steve Simonson said it is a County
problem.) _
Merwin Willman:
(a) Would like to have a copy of. the ordinance recently annexing
the 5 tracts of land. (Norma Althouse said she would have a copy
by the next meeting.).
(b) Is there a Zoning Change number yet for the proposed zoning
change to the Von Scheele property? (Norma Althouse said it will
probably be Zoning Change #98.)
(c) What is the status of Diamond Shamrock? (Steve Simonson
said the building plans are being reviewed. by the Inspection
Department and should be approved before too long. Mr. Simonson
further stated he is recording the plat tomorrow which means the
deal has gone through.)
(d) What is the status of the annexation study? (Steve Simonson
said a report should be ready by the next meeting.)
{e) Commented that at .the last meeting he had brought up the
non-access easement and the fact of trying to get some
information from the City Engineer. Has received the information
and will try to have something written up by the next meeting.
Chairman Brisgill:
(a) Did the City speak to Jack-in-the-Box about keeping the
access road clean after 18-wheelers parking in the lot next to
them leave big clumps of dirt all over. (Steve Simonson said he
will check into it again.)
(b) Has the public hearing for the name change of Binz-Englemann
Road to Boenig Drive been scheduled? Mr. Brisgill was informed
it has not been.
{c) What's the City Staff's interpretation of allowing garage
sale signs and political signs, specifically along Jack Hays
Blvd? (Steve Simonson replied garage sale signs are not allowed
at all and political signs have been allowed in the past because
of the restrictions placed on the length of time they can be
displayed.)
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Mr. Brisgill emphasized, that -upon reading the Ordinance,
political signs are: not allowed .along Jack .Hays Blvd. Steve
Simonson reiterated that past history indicates they have been
allowed. Mr. Brisgill then indicated he thinks it's unique that
the two candidates running for mayor, who are both familiar with
the ordinance and should be here to enforce it,. have signs on
Jack Hays Blvd.
- Keith Van Dine noted that the rules should apply.to everyone o.r
else there should be no rules.
George Vick mentioned the survey crews on FM 78 and wondered if
anyone knows what they were doing. Steve Simonson answered it
has to do with the widening project on the Bexar County side.
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= (d) Has the City acquired all the R.O.W. for the widening of
_ Jack Hays Blvd? (Councilperson Ken Greenwald replied they are in _
the process.)
Mr. Brisgill then asked if there's a set time frame and Mr-:
Greenwald said no, just so it's done according to State laws.
On the subject of road work, Keith Van Dine remarked he had
noticed when the State and County redo access roads, they go on
into the residence and build up the driveway. Mr. Van Dine then
asked Steve Simonson if, when the City resurfaces a road, do they
build up the driveways and Mr. Simonson replied they do not, they,
only go up to the driveway.
(e) Was asked by a citizen why the speed limit on Ware-Seguin
Road is 30 mph. (Councilperson Ken Greenwald advised it is
probably due to the condition of the road.)
Councilperson Ken Greenwald:
(a) Told the Commission he had attended a meeting regarding -the
Edwards Underground Aquifer District. Mr. Birdwell, Water
Commissioner, is drafting a state law to give the District
absolute control over the Edwards.
The District ~is a three-tiered area - Western, Central and
Northeastern. One of Mr. Birdwell's provisions is to have a
Regional Board which reports to him. The Board will be comprised
of two people from Uvalde, Medina, Comal and Hays Counties and
five from Bexar County.
Schertz is not part of the District, it falls under what's called
a transporter, and Mr. Greenwald said one of the proposals is to
- limit our pumping to 70% of what we took out prior to January 1,
1990.
Merwin Willman noted that San Antonio keeps asking everyone to
conserve, but they keep bringing in new businesses which use vast
amounts of water per-year.
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Mr. Greenwald related that both San Marcos and the Sierra Club
have notified the District they will file suit.
Merwin Willman asked how the aquifer is measured and Mr.
Greenwald replied at-well level.
_.Merwin Willman then stated that we don't know how. far below. sea
. level the aquifer goes.
Mr. Greenwald pointed out the City needs to consider requiring
water saving showerheads and commodes in all further
construction.
Joe Potempa reported that he had installed a new kitchen faucet
and it came with a water restricter already in it.
Chairman Brisgill brought up the other side of the matter saying
when less water is used, then there is less money for the budget.
Merwin Willman remarked the Commission"could look into including
something in the Subdivision Ordinance, and now is the time to do
it when building is slow.
Chairman Brisgill asked George Vick if he would volunteer to
contact the Edwards Aquifer District and ask about getting copies
of some of their ordinances and Mr.-Vick said he would.
Steve Simonson:
(a) Due to a mistake on the part of the Herald Newspaper in not
publishing the legal notice, the Commission's public hearing for
Von Scheele's property, which was scheduled for May 8, is now
scheduled for May 22 and the City Council's public hearing on the
same, which was scheduled for May 15, is now scheduled for
~ June 'S.
Chairman Brisgill asked if it's too late to include the notice
for the road name change with that same public hearing. Steve
Simonson replied he will check on it.
(b) Regarding the status of the suit with the City of Garden
Ridge - oral arguments on the appeals won't be heard until July
or August.
Chairman Brisgill, speaking of the upcoming vacancy on the
Commission, asked if there are any old applications to be
considered. Steve Simonson replied he would check on it and also
stated there will be an article in the May Newsletter regarding
the vacancy.
Chairman Brisgill reminded the Commission they will also need a
Vice-Chairman.
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George Vick volunteered -for the position. Chairman Brisgill
noted it will have to be .on the agenda, but the Commission will
think about it.
(c) The public hearing on the impact fees is scheduled for May
1, and both he and Mr. Brisgill have to. be there. Everyone. else
is invited to attend.
(d) The APA Conference is in Fort Worth this year and the
-Commission members should be thinking about it. It-will probably
be the first week of October and so now is the time to look at
vacation schedules and discuss with spouses the possibility of
attending. We like to have definite decisions on who's going, so
- reservations don't have to be cancelled. A cancellatin usually
means lpsing some of the money sent in for deposit and we would
like to avoid that if possible.
Jim Shriver asked how you volunteer to make a presentation at the
conference, he would like to speak on economic development.
Steve Simonson suggested writing a letter to the person in
charge.
~7 ADJOQRNMENT
Chairman Brisgill adjourned the meeting at 8:00 P.M.
The next regularly scheduled meeting is May 8, 1990..
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