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09-11-1990 PLANNING AND ZONING MINIITES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, September ].l, 1990 at 7:00 P.1~1. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING COM"1ISSIOti CITY STAFF BOB ANDREWS, CHAIRMAN STEVE SIMONSON, JIM SHRIVER, VICE-CHAIRMAN ASST. CITY MANAGER MER6~~IN W'ILLMAN NOR~1A ALTHOUSE, GEORGE VICK RECORDING SECRETARY GARY BRICKEN KEN GREEN6VAI;D, COi\CILPERSON ~lE~1Br:RS ABSENT KEITH VAN DINE, SECRETARY HARRY BAUMAA? #1 CALL TO ORDER Chaii-rlan Andrews called the meeting to order at 7:00 P.M. m2 APPROVAL OF MINUTES: Regular Session August 28, 1990 tiiercein Willman made a motion to approve the minutes for the regular session August 28, 19S0. Jim Shriner seconded the motion and the vote was unanimous in favor. Motion carried. ~3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There caas none . #4 CONSIDER AND TAKE APPROPRIATE ACTION: Request From David Noriega, 312 Judith Ann, for a Variance to the Junked Vehicle Ordinance (Tabled for 60 Days Effective June 12, 19903 Chairman Andrews stated that David Noriega has gotten his antique car plates. To this, Merwin Willman asked what the Commission has for proof and Steve Simonson replied that Mr. Noriega cabled him to say he had received the plates and the inspectors checked on it to make sure. Mr. Simonson said it was verified by the inspectors that Mr. Noriege had, indeed, received his antique car plates. Merwin Willman made a motion to withdraw the request from David Noriega, 3i2 Judith Ann, for a variance to the Junked Vehicle Ordinance due to the fact that Mr. Noriega has gotten antique car plates for his vehicle. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Forms for a Specific Use Permit Request and for a Special Exception Request The forms proposed by Merc~in Willman had been inr_.luded in each Commissioner's package. Chairman Andre~es informed the Commission that Merwin Willman has indicated he ~,~ants the forms to be reviewed by the Staff . Mr. Andrews commented he would 'like for- the Commission to review the forms then send them tc: Staff and then to the Board of Adjustment. Gary Bricken rer:~arked the forms look fine right now, but asked if everything is there we need five years from now. Mr. Bricken recommended the use of a control number. Steve Simonson related that the City has a form numbering system, but Gary Bricken pointed out the control number should be for the request andior the package, not necessarily just for the form. Mr. Bricken felt that for future reference it will be easier to track if it has a control nurlber. There was a brief discussion on this matter. Steve Simonson admitted a ccntrol number is probably a good idea, but said he would prefer to use his own departmental number. Gary Bricken then referred to the forms themselves, saying in his opinion, the name of the applicant is not the most important item and may not even be needed in the package. rlerwin Willman stressed that the request filled in on this form, and anything attached to the form, is the package. Gary Bricken said he believes the location of the property for which the request is being made is the most important line because you may want to put it in the computer and retrieve it some day. Merwin Willman mentioned they're not concerned right now with putting the information in a computer. r Steve Simonson noted they don't have the software system for it right now, but will have in the future. After review and discussion among all the members present, a few changes were made to the proposed forms: (1) the word "name" was changed to "signature"; (2) the line for the address of the applicant was moved to the bottom of the form under the signature line; (3) the location of the property the request is for was moved up to line 3 and combined with the request for the zoning -2- of the property in question; (4) the statements "detail plans and specifications and other evidence to substantiate and support request attached" (on the Special Exception Request) and "site plans and specifications for land use and-or construction at site attached" (on the Specific Use Request) ~.°e re both changed adding the word "are" before attached and adding a "yes" and "no" block for the applicant to check; and, (5) a line for the applicant's phone number ~,°as added to the bottom of the .form under the line for the date. George Vick reminded everyone this form is just a trial balloon. Mervin Willman commented he would like fcr the inspectors to look at the forms. Chairman Andrews suggested the forms be finalized and given to the inspectors and if there are recommended changes from the inspectors, then the forms should come back again to the Commission. If there are no recommended changes from the inspectors, then the forms. should be given to the Board of Adjustment for approval. Steve Simonson questioned why- the Board of Adjustment would have to approve the form, but said Planning and Zoning could send the form to them for their consideration. After more discussion, Chairman Andrews suggested if the inspectors have no changes, then, finalize the forms, send them to the Bord of Adjustment for their blessing, put the control number on them and put them in use. #6 CONSIDER AND MAKE RECOMMENDATION: Review of Zoning Ordinance (Articles I through XII) Jim Shriver, referring to page 1 of the Ordinance, next to the last paragraph, where it says "to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements," asked if the City can facilitate schools. Steve Simonson replied they can as far as things like heights of buildings, densities and locations of schools. Jim Shriver then asked if, as it states in Article II, Section 3.1, the Official Zoning Map is kept in the office of the City Secretary. Steve Simonson replied yes it is and also pointed out that all other zoning maps in the Municipal Complex are kept up-to-date. Steve Simonson informed the Commission that some time ago an R-6 and an R-7 zoning classification had been added to the Ordinance, but said what they're seeing universally is PUD requests. Mr. Simonson remarked he hadn't seen any requests for an R-6 or an R- 7 since he's been with the City. Mr. Simonson stressed, however, h's not suggesting a change, just throwing out some food for thought. -3- Merwin i4illman, saying if he remembers correctly, noted that was at a time when the Commission was getting a lot of requests .for other size lots. Chairman Andrews observed he thinks they will see those requests again and also requests for. even smaller lots. Merwin ~~illman added that the Commission can think about it. Jim Shriner noted that in Article II, Section ~.l it refers to the "building Official" and asked if the City has one. Steve Simonson replied yes they do, the Building Official is the inspector. Jim Shriner than asked if that's the terminology used and Steve Simonson replied yes and that's the same terminology used in the Code of Ordinances. Jim Shriner then Referred to Article II, Section 5.2 which reads: "There shall not be rlore than one residential dwelling on a lot of a duly recorded plat of a single family residential use." Mr. Shriner mentioned the gentleman Soho several months ago at a public hearing had asked about granny houses and asked the Commission if they think things will come to a point where granny houses gill be allowed. The consensus of the Commission was these cases should be handled as an exception. tiloving on to Article III, Section 1, Jim Shriner asked why the Commission has to wait 180 days after annexation to assign a zoning classification to property. Merwin Willman answered they don't have to, it can be done in conjunction with the annexation, but sometimes they're not sure how it is they want to zone a particular piece of land. In Article VI, Section 1.3 reference is made to a Comprehensive Land Use Plan and Jim Shriner asked if the City has such a plan. Steve Simonson replied yes the City does - it and the Comprehensive Plan are one and the same. This prompted discussion on several other references in the Ordinance to a Master Plan and Steve Simonson acknowledged the Master Plan, the Comprehensive Plan and the Comprehensive Land Use Plan are all the same thing. It was decided all these references should read the same, so the Commission recommended making all references to a Master Plan and to a Comprehensive Land Use Plan read as a Comprehensive Plan. Article VIII refers to Manufactured Housing and Jim Shriner asked what is meant by that. Steve Simonson advised that manufactured housing is not listed in the definitions section of the Ordinance. However, it was discovered that definitions are given in a February 15, 1984 edition of the "Zoning Report." Mr. Simonson suggested making -4- copies of this report and coming back to manufactured housing for discussion at the next meeting. The Commission agreed. Jim Shriver, noting that paved alleys are mentioned in Article XI, Section 4.8 of the Ordinances under Access to Parking, asked if there are any in the City. Steve Simonson replied there are some in Greenfield Village where the property owner doesn't have front ar_r_ess, specifically on Robert Derrick. During further review of the Ordinance, Merwin 6~illman pointed out that in Article XI, Section 4.10, the second paragraph having to do with the wail height of an accessory building was omitted. It should be included. In regard to accessory buildings, Gary Bricken asked if he could have more than one and Chairman Andrews replied yes, as long as it doesn't cover more than 40% of the rear yard. The Commission agreed to review Article VIII and then Articles XIII through XX, Section ? at the next meeting. #7 GENERAL DISCUSSION George Vick: (a) Asked if there's been any blasting yet on IH-35. Steve Simonson replied no, not yet. (b) Remarked on the crashing of the vehicle into the bridge on IH-35 and asked if the bridge wasn't reinforced. Steve Simonson said they have only one or two minor rods in the bridge while they're working on it. (c) At the corner of Lindbergh and Curtiss, the roof goes to the lot line. Did they have a permit for this? Steve Simonson said yes, they had a permit, but the owner goofed - the roof is 8" short of the lot line. Mr. Simonson stated, however, that the neighbor is agreeable to the situation. Merwin Willman: (a) Asked if anyone was selected to prepare the annual report. Jim Shriver said he had been selected. r (b) Asked the status of The Gardens Subdivision. Steve Simonson said they have just received the flood information. Mr. Simonson also reported that a new engineer has taken over the project. Merwin Willman asked if they're going to move the drainage ditch. Steve Simonson replied yes they are. {c) Advised that the proposed Park Ordinance will be reviewed tomorrow night by City Council. It should be interesting. -5- (d) Asked about any progress at Pecan Grove Grove Mobile Home Park. Steve Simonson replied there's not much progress. Jim Shriver: ta) Asked if it's possible to get the weeds mowed around the "Welcome to Schertz Sign" on FM 78. Steve Simonson said he would check into it, but the Streets and Parks Dept. is short of personnel. George Vick commented, speaking of weeds, that whatever the City did at the corner of Oak and Pecan worked, because the weeds are now mowed down. (b) Inquired if anyone read about a City getting sued because they had no Comprehensive Plan. George Vick ansc.-ered, that if he remembers correctly, the people were suing because the Comprehensive Plan didn't specifically say they couldn't do something. h1r. Shriver then asked if the City has an updated Comprehensive Plan and Ste~-e Simonson said they have the Plan cahir_h was completed in 1983. Jim Shriver then eriphasized it is imperative that the Commission finish its updating of the Comprehensive elan. To this, Steve Simonson commented there have been several things (folding up the progress: (1) money for engineering of maps, and (2) Census demographics. Gary Bricken asked Steve Simonson if he suspects an undercount on the census figures and rlr. Simonson said yes he does. Mr. Bricken then asked him why. Steve Simonson remarked he suspects an undercount based on several factors: (1) number of single family homes, (2) number of mobile home complexes, t3) number of apartment complexes, (4) number of annexed areas since last census, and (5) the fact they missed an entire subdivision the last time. Mr. Simonson said when they take the number of water connections times 3, they're coming up with a figure of approximately 12,000. The Census Bureau is coming up with a preliminary count of 10,687. r Mr. Simonson related that one area they don't have a good handle on is Pecan Grove Mobile Home Park. The Census Bureau is claiming there were 299 empty units on Census Day, so they asked the Water Dept. to check it out and they came up with a figure of 220 empty units at that time. Steve Simonson commented that 2.736 per household is not a bad count, and if that's what they give us, it will be hard to challenge. -6- tc) Asked when the annual report is due. Merwin Willman replied it is due the first meeting in October. Chairman Andrews: (a) Emphasized the Commission needs to get back to work on the Comprehensive Plan. (b) Questioned Riedel`s sign on the side of the building on F~1 78. Steve Simonson said it's illegal, you can't miss it. (c) Page 792 of the Code of Ordinances refers to Coy Simmons Fark. 4vhere is it? Steve Simonson said it is to the back of Oak Forest , Cm it IV . (d) Pointed out that on Page 921 of the Code of Ordinances it should say the next page is 925 instead of 971. SY_eve Simonson: (a) Commented plans from Fuel America for a center at the corner of Jack Hays Blvd. and IH-35 are still moving along. (b) Said in regard to right-of-~eay acquisition along Jack Hays Blvd. , there are 20 parcels and so far 5 have been closed, and they are ready to close 1 more. There are 7 more in process (2 of which will be donated), they are waiting for a reply from 1 more, and are not happy with replies from 6 of the property owners. Merwin Fti'illman remarked in regard to the Comprehensive Plan and money for the engineering of maps, the Family- Housing Corp. had promised part of their money to Planning and Zoning and he thinks it was somewhere around $28,000. Jim Shriver mentioned to Steve Simonson that he had heard McDonald's on IH-35 won't come into Schertz because the land values are too high. Councilperson Ken Greenwald: (a) Referred to page 2 of the Zoning Bulletin" and the case involving topless dancing where the club owner said the ordinance was too restrictive. Mr. Greenwald said the findings of 'the court substantiate our own ordinance and the 1,000 foot restrictions. (b) Also referred to page 3 of the "Zoning Bulletin" regarding development around an air base and the fact that the landowners must exhaust administrative remedies before taking court action. George Vick mentioned that the Garage Sale Signs, given out by the City with issuance of a permit, look real good. Mr. Vick t17en asked if it isn`t possible to build a bulletin board at City -7- Hall for the posting of the garage sales. Councilperson Greenwald said it's possible, but no one will read it. George Vick then inquired about the area across from the park where they havE: storage and wanted to know if its private property. Ste~~e Simonsen said yes it is. n8 ADJOURNMENT Chairman Andrews adjourned the meeting at 8:40 P.M. The next regularly scheduled meeting is September 25, 1990. f -8-