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
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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.
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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
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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.
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(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.
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(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.
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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.
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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
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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.
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