10-09-1990 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in a regular
session on Tuesday-, October 9, 1990 at 7:00 P.NI. in the Municipal.
Complex Conference Room, 1400 Schertz Parkcaa~~. Those present
were as follows:
PLANNING AND ZONItiG COMMISSION OTHERS PRESENT
BOB ANDREWS, CHAIR"1AN ,JERRY BETHKE
JIM SHRIVER, VICE-CHAIRMAN
KEITH VAN DINE, SECRETARY CITY STAFF
MERWIN ?ti'ILLMAN
GEORGE VICK STEI'E SIMONSO\,
HARRY BALMAN ASST. CITY "IA\AGER
GARY BRICKEN NOR'~iA ALTHOIISE
KEN GREENWALD, COL'\CILPERSON RECORDING SECRETARY
#1 CALL TO ORDER
Chairman. Andrews called the meeting to crder at 7:00 P.~~I.
#2 APPROVAL OF MINUTES: Regular Session September ?5, 1990
Merwin Ldillman made a mction to approve the minutes for the
regular session September 25, 1990. Keith Van Dine seconded the
motion and the vote was unanimous in favor. Motion carried.
#3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none.
#4 CONSIDER AND MAKE RECOMMENDATION:
A. Reappointment of Those Members Whose Terms
Expire (M. Willman, G. Vick, G. Bricken,
K. Van Dine)
B. Election of Officers
A. Reappointment of Those Members Whose Terms Expire tM.
Willman, G. Vick, G. Bricken, K. Van Dine)
Chairman Andrews asked those members whose terms expire if they
wish to be reappointed and they all answered yes.
Harry Bauman made a motion to recommend City Council approve the
reappointment of Merwin Willman, George Vick, Gary Bricken and
Keith Van Dine for a two year term. Jim Shriven seconded the
motion and the vote was unanimous in favor. Motion carried.
Merwin Willman commented he would like to see City Council get
these recommendations for their workshop tomorrow night.
B. Election of Officers
The Chairman, Vice-Chairman and Secretary were all in favor of
continuing to hold their current positions if it caas agreeable to
the Commission. No one objected or made any other nominations.
Merwin Gillman made a motion to recommend City Council approve
Bob Andrews as Chairman, Jim Shriver as Vice-Chairman and Keith
Van Dine as Secretary for the Commission. George Vick seconded
the motion and the vote was unanimous in favor. Motion carried.
#5 CONSIDER AND TAKE APPROPRIATE ACTION: Selection of
Historian for the Planning ancA Zoning
Commission.
Chairman Andrews explained briefly that the Historian is the
person who makes an annual report to City Council_ on the
activities and accomplishments of the Commission during the year
and lists it`s gcals fcr the coming year. Mr. Andrews then asked
for any volunteers.
Merwin ~v'illman volunteered to be Historian and the Commission ~,,=as
unanimous in it`s approval.
#6 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion on Annual
Report to City Council
Jim Shriver had completed the annual report and copies were
included in the Commissioners` packages for their review.
Steve Simonson referred to page 5, item t. which has to do with a
request from Diamond Shamrock, IH 35/Jack Hays Boulevard, for two
variances to the Sign Ordinance. One request was for a height of
75' on~sign C instead of the authorized 50' and the other request
was for three signs instead of the authorized two. Mr. Simonson
questioned if it shouldn't be mentioned that the 75' height was
granted, but only two signs were authorized. After a brief
discussion, the Commission agreed.
Councilperson Greenwald referred to page 8, item b., under plans
for next year, which said the Commission would review, complete
and make recommendations on the City Comprehensive Plan. =,Mr.
Greenwald asked Chairman Andrews if he thinks they will ~fave
enough information to complete the plan. Mr. Andrews indicated
he would certainly like to give it a try.
Merwin Willman wondered if the Commission wants to include review
of the Mobile Home Ordinance under plans for next year. After a
brief discussion, the Commission agreed to include it.
George Vick suggested that the report read "Goals for 1990-91"
instead of "Plans for next year" and the Commission agreed.
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Among other items discussed were the correction of the spelling
of a fey, names and the correction of the date on page item 4,
referring to last year's APA Conference w1_-,ere i.t said October 4th
through 7th, 1990 and should have been 199.
Merwin G~'illman made a motion tt: approve the Annual Report, as
amended, and forc,-ard it to City Council. Keith Van Dine seconded
the r.~oticn and the vote ~~as unanimous in favor. Motion carried.
Steve Simonson noted that Jim Shriner had done a very good job on
the Annual Report in the short time he had to do it.
n7 CONSIDER AND MAKE RECOMMENDATION: Proposed Amendment to
Sign Ordinance Establishing a "Railroad Right-
of-[aay District"
Chairman Andrews asked Merwin [nillrlan, who had written the
proposed amendment, if he is establishing a district for
Railroad Right-of-6~ay similar t:; 'she way an Overlay District on
Jack Hays Boulevard and Schertz Park~.aay was established. Mr.
C~1illman replied that is correct and also mentioned the Main
Street Special Sign District.
George Vick inquired if the right-of-way _s railroad property and
if so, can the City write an ordinance controlling signs on it.
Steve Simonson replied yes to both questions.
Chairman Andrews asked for questions, comments, suggestions and
recommendations.
Steve Simonson suggested, so as not to surprise any businesses,
that this proposed amendment be reviewed by those who caill be
effected. Mr. Simonson further stated he thinks they should make
an effort to get some feedback.
Chairman Andrews observed there Rare not that many businesses on
FM 78 from Dietz Creek to Cibolo Creek and recommended sending
each of them a letter saying a draft of the amendment is
available at the Municipal Complex for their review and then
giving them a deadline in which to respond.
Gary Bricken expressed the opinion that the size allotment for
signs is too small - 40 square feet is not big enough to be semen.
Mr. Bricken asked why 40 square feet was chosen as the maximum
size for a sign since that is only slightly larger than a piece
of plywood.
Merwin Willman responded by saying the Sycamore Creek Apartment
. sign, already located in the right-of-way, is 40 square feet ,and
he feels that is an appropriate size sign.
Harry Bauman offered the idea of allowing no signs because they
look tacky.
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Chairman Andrews related that the speed limit along FM 78, in
that particular area, is Dilly 30 to 4Q mph and you really don't
need a tremendous sign to be able to see it.
r1r. Andrews also mentioned page 3, paragraph 9d. which reads:
9d. Removal of Signs From District
9d.(1) All permits for signs placed in this district after the
effective date of this Ordinance shall contain a statement,
signed by the owner and/or advertiser of the sign, that the sign
will be removed when reconstruction of FM 78 begins.
9d.(2) All owners and,~or advertisers of signs presently in this
district caill sign the following statement to the effect that the
sign will be removed when reconstruction of FM 78 begins, at no
expense to the City:
"I riave read Section 9, Railroad Rig11t-cf-tv'ay Sign District
Ordinance (insert number) dated (insert date) cf the City of
Schertz, and I understand that when construction on F~1 78 begins,
I will remove or have removed my sign at no cost to the City of
Schertz."
~1r. Andrews commented the people effected will need to know this
information prior to the ordinance being enacted.
There was discussion on the time period of 5-10 years, the
estimated time it will be before FM 78 is widened, ar~d Harry
Bauman asked why these signs have to be removed only before
reconstruction cf FM 78 begins, why can`t we give them just one
year.
•Chairman Andrews advised that amortization on the signs has to be
taken into consideration and Merwin Willman noted there's a
federal law regarding reimbursement for billboards and some of
the signs along this area could be classified as billboards.
Chairman Andrews suggested including an excerpt of section 9d
with the letter to the businesses. To this Steve Simonson
requested time to check on the number of businesses saying he may
want to send them the whole ordinance.
Keith Van Dine asked if some of those who have signs up pay a fee
to the railroad Iine and Steve Simonson replied yes they do.
Chairman Andrews commented on the paragraph allowing no signs in
this district to be illuminated in any way and expressed the
opinion he doesn't think that will fly. Mr. Andrews also
remarked on the paragraph requiring 200 feet between signs saying
it eliminates congestion.
Chairman Andrews then asked if this proposed amendment had been
reviewed by the Inspection Department. Steve Simonson replied it
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has not and Mr. Andrews requested copies be given to Inspection
''and sent to al l businesses on 1=M ?O . i~1r . Andrecas also suggested
tabling this item for ~0 dad=s until the regular meeting of
November 13.
Gary Bricken caondered if Southern racific should be sent a copy
since they may be effected because. they get fees from some
people.
Steve Simonson advised ~1r. Bricken he will contact Southern
Pacifi:..
Keith ~'an Dine, acting when a Slgn is in a state of disrepair,
the business has been sold, and a ne4v business wants to replace
it, mentioned the passibility of disallowing the new business to
do so thereby reducing the number of signs by attrition. Mr. Van
Dine asked if the Commission can legally do this. Chairman
Andrews said, in his opinion, if the signs fall within 200 f eat
of each other, there's a problem. If however, the signs fall
outside of the 200 feet, there should be no problem. Mr. Andrews
further stated that according to the Sign Ordinance, if a sign
reaches a certain point cf deterioration, the owner is sent a
letter and if he doesn`t tear down the sign, then the City does
and charges him far it.
The consensus of the ComCIl1SS10?~i was to table Item T7 until the
meeting of November 13, 1990.
#8 CONSIDER AND MAKE RECOMMENDATION: Review of Zoning
Ordinance tArticle XX, Section 3 through
Article XXIII)
Merwin t~'illman referred tc Article XX, Section 3.1, para 2 where
it mentions Table IV of the AICLZ and asked if this should be
included in the Appendix to the Ordinance. Steve Simonson
answered by saying, in his opinion, people should have to come in
and ask to see it because it is fairly complicated and they~re
probably going to have to have someone eXplain it to them. The
Commission agreed with Mr. Simonson.
Jim Shriver suggested a revision of the last paragraph under
Article XX, Section 3 which currently reads:
"(C) Developers/Builders of Subdivisions. The above statement
prepared by the Building Official will be completed and signed at
the time construction plans are approved. The Builder of
residential dwellings will not only sign the statement that he is
..aware of the noise zone level and the insulation requirement to
meet minimum noise reduction level, the statement will include a
statement that he will inform the buyer of the home of the area
noise level and whether the home meets the minimum ~-noise
reduction level."
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Mr. Shriver's suggestion is as follows:
(r_) Developers !Builders of Subdivisions. The above statement
prepared by the Building Official will be completed and signed at
the time construction plans are approved. The Builder of
residential dwellings will sign the statement indicating he is
aware of the noise zone level and the insulation requirement to
meet minimum n:;ise reduction level. He will also include a
statement that he will inform the buyer of the home of the area
noise level and whether the home meets the minimum noise
reduction level.
The Commission agreed with this revision.
Jim Shrives asl~ed exactly what is being said in the paragraph
c,~hich states signs painted directly on the exterior surface of a
caall shall not be permitted unless the legend of such sign is
either recessed into or raised from the wall. (Article XX,
Section 4.3, pares (c)3.) Steve Simonson replied what they are
saying is it can't be just something painted on the building, it
has to be a sign so it looks more permanent.
In Article XX, Section 4.3, Para (e)1?., Jirn Shriven noted that
both references to Jack Ha~-s Boulevard should be changed to read
Schertz Parkway. Also in that same paragraph, where it says the
restrictions also apply to garage yard sale, political and
charitable signs, Jim Shrives suggested deleting "garage/yard
sale" since the City has a new garage sale ordinance.
Jerry Bethke, a citizen present at the meeting, wanted to know if
he could ask a question. Chairman Andrews told him to go ahead.
Mr. Bethke, referring to the Commission's discussion on
garage/yard sales, asked what the distinction is between a garage
sale and a bazaar. Chairman Andrews explained a garage sale is
an event held by an individual and a bazaar is a function put on
by an organization.
Jerry Bethke then asked if the word "bazaar" shouldn't be
included in the ordinance.
After a brief discussion, the Commission agreed to delete
"garage/yard sale" from this paragraph.
Jim Shrives then referred to Article XX, Section 4.4 where it
says nonconforming users within the District will be identified
within 180 days after the effective date by the Planning and
Zoning Commission and/or the City Building Official. Mr. Shrives
wanted to know what happens if we don't identify them within the
180 days.
After discussion on this matter, the Commission agreed to delete
"within 180 days after the effective date" .from this paragraph. _
It was also requested "within 180 days after the effective date"
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be deleted from Article ~X, Section 2.4 under Special Overlay
District. Jach Hays Bcu]evard.
Moving on tc Article XkII, Section 1, Para 2, which ends with the
werd "space;", Jim Shriver suggested adding the word "and" after
"space;" before going on to pax-a T11e Commission agreed.
6ti~hen the Commissicn got to Article XXII, Section Off-Street
Parking and Loading Requirements, Steve Simonson suggested they
wait to discuss this Section until it can be researched to see if
the figures are current. Mr. Simonson continued en saying he
will give it tc the Inspection Department for them to check out
and should be able to have it back for the next meeting. The
Commissicn agreed this t;as d good idea.
Merwin Millman referred to Article XXIII, Section 2.?.?, para 5
which reads:
"A petition for change to a setback requirement grid/or another
requirement for property currentli- zoned may be recommended for
public hearing if any of the following conditions are met: (Ord.
89-5-28, Sept. 19, 1989)
a. If the ap~licant cannot. mal1e a reasonable use of the property
cr earn a reasonable return clithout the requested amendment.
b, The requested amendment is peculiar to the property.
c. The request is not a condition caused by the applicant,
d. The health, safety and welfare of the neighborhood and./or
City will not be effected by the requested change."
Mr. Willman remarked if this particular paragraph is going to be
included in the ordinance, it should be under the Board of
Adjustment and not under Amendments. Mr. Willman suggested
deleting the paragraph. The Commission agreed.
At this time there was some discussion about Article XXIII,
Section 4.1, para a. of the Ordinance where it refers to specific
things that must be done by the Secretary, meaning the Planning
and Zoning Secretary, and Jim Shriver asked if it's really the
Secretary that does them or is it a member of the City staff.
It was explained to Mr. Shriver that, due to circumstances, the
Assistant City Manager/Planning Coordinator and/or the Recording
Secretary carry out some of those tasks specified in the.
Ordinance as being assigned to the Secretary of the Planning and
Zoning Commission.
Article XXIII, Section 3.3 reads as follows:
"Time Limitations: If a petition for a rezoning is denied by
either the Planning and Zoning Commission or the City Council,
another petition for reclassification of the same property or any -
portion thereof shall not be filed within twelve months from the
date of denial."
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Chairman Andreas questioned if the Commission wants to leave this
paragraph in the Ordinance. Mr. Andrews taent cn tc explain that
he had heard someone at the APA Conference talk about this
particular thing and how they feel it is a mistake on the part of
. cities to enforce such a restriction. Mr. And.rec,°s said it
doesn't give them any latitude in case an error in judgment. has
been made that they would like to correct.
Harry Bauman asked what the reason c,-as, in the first place, for
the 12 month time frame. Steve Simonsen replied it was to
prevent people from reapplying c,-ith the same request.
Gary Bricken commented it seems like a one-way street. Mr.
Bricken further stated sometimes a developer may sit cn a
particular project for a ~,-bile, but it seems unfair tc ask him to
wait for a year when he may have som`ttzing better to offer under
a different zoning classification.
Steve Simonson observed if the time frame Caere shortened, it
would make things more flexible.
There was discussion about people making the same request over
and ever even though it keeps being denied. To this, Gary
Bricken rema.t-1•>ed that the businessman is not going tc waste his
time asking for the same thing over and over.
Steve Simonson informed the Commission he could run this
paragraph by the lawyer giving him the Commission's concerns and
asking for his input in writing.
Gary Bricken's suggestion was to cut the time down to 90 days
thereby allowing the City to take advantage of opportunities that
may arise.
Merwin Willman emphasized he thinks the Commission is
misinterpreting this paragraph.
The consensus cf the Commission was for Steve Simonson to run
this paragraph by the lawyer for input.
Jim Shriver asked if the Procedures Before City Council outlined
in Article XXIII, Section 4.2 are being followed and Steve
Simonson replied yes they are.
Chairman Andrews requested Articles XXIV through XXIX be placed
on the next agenda for the Commission's review. Mr. Andrews also
requested Article XXII, Section 2 be placed on the agenda if the
Inspection Department has had time to review it and return it to
Steve Simonson. -
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~9 GENERAL DISCUSSIQN
George Vick
(a) Said he knew the Commission had sent Specific Use Permit
request and S~:e^_ial Eacep Lion request fcrms t o City Council for
approval, but he knew in their discussion of the fcrms they had
men±:ioned using a control nw~~be,- as a means c:f tracking. Mr.
Vick brought a form from the City of Bryan, Teas which he had
obtained at the APA conference, and had copies made for the
Com~iissioners because in the upper right hand corner of the form
is a bo_Y marked Pcr Office Use Only. Mr. Vick thought this was a
good e~arlple of something that could he used by the City of
Schertz cn their fcrrls.
(b) ~:entioned that on the creek side of FM 1518 where all the
tractors are located, in the Universal ETJ, there are a ~,vhale
bunch of 55 gallon drums stashed away. Mr. Vick suggested maybe
someone check on them.
Harrv Bauman:
(a) Asked if the City leas any control over the used furniture
place on the Universal City side of the bridge and was informed
they do net.
Mer~,-in tCi l loran
(a) doted that Leisure and Pleasure on Main Street, the pet place
on FM 1518 and Cardinal Pet and Saddle on FM 78 have closed down
and said it bothers him that so many business are leaving. Mr.
t~tillman wondered if it's because of something with tY~e City or if
it's because of economics. Steve Simonson assured Mr. Willman it
is because of economics.
Jim Shriver•
(a) Asked Steve Simonson if he found anything out about the Stop
signs at Wuest`s and Pacific Southwest Bank. Steve Simonson
acknowledged they were put up, on private property, at the
direction of City Council. Mr. Simonson stressed that even
though the City put them up, they do not belong to the City.
(b) Reminded the Commission this is Business Appreciation week-
and there will be a Business Appreciation dinner at the VFW on
Thursday evening and the Commission is invited. Those planning
on attending should notify either Dolores Butler or Norma
Althouse. Mr. Shriver related that the new video of Schertz, put
together by the Economic Development Task Force, will be shown.
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Steve Simonson:
(a) Reported that tl~e APA conference teas better last year in
Lubbock than it ~^-as this year in Fort ~ti'orth, especially in
presenting topics of interest for those from small tc~~ms. tilt.
Simonsen ebser~-ed that of small toc.~ns in Te_:as, Schertz has the
most representation year after year. Mr. Simonsen also suggeste:l
that Schertz try tc get something of interest tc small towns on
the agenda of the conference in Corpus Christi nekt dear.
(b) Stated them: caas something c.f interest at the conference as
far as information on the RTC. Mr. Simonsen advised the
Commission the RTC is a bureaucracy sot up to put itself out of
.business, but the idea of bureaucracy one one land and putting
itself cut of business cn the other do not go togetl~ier. Many
banks that took over ether Banks and Savings and Leans are paid
good management fees fro.a the RTC and cticuld go under without
those fees. ~1r. Simonson commented there needs to be some
political pressure somewhere to get them to release land.
Steve Simonson then mentioned that another clinker has been
thrown into the process - every piece of land that is sold must
now have an EPA statement on it.
Gary Bricken asked wl-~y an EPA statement is considered a clinker.
Chairman Andrews replied because every owner, including past
owners, of the property are liable.
Gary Bricken once again questioned why this is considex-ed as
something negative. Steve Simonson answered this by saying it is
just another cog in the process.
Gary Bricken then pointed cut that some EPA statements are
extremely thick, but they're not around this area and it's a big
advantage to have an EPA statement. Mr. Bricken said he had a
client from New Jersey take a 15 year lease on his property
because he could provide him with an EPA statement. Mr. Bricken
continued on saying most bureaucrats can be worked with, you just
have to find the right key.
(c) On October 23rd, the San Antonio Chapter of the APA is
sponsoring a program which will be held at the Randolph Air
Force Base NCO Club. They would like for Schertz to make a'15
minute presentation.
Councilperson Ken Greenwald:
(a) Commented it looks as if the widening of Jack Hays Blvd. may
not come about until 1992:
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Chairman Andrews:
(._i) Remarl~ed he c,;as glad he went to the APA conference - it
reassured hire Schertz is on the right track in where they`re
headed for the future.
10 ADJO[JRNMENT
Chairman. An:~rectis adjourned the meeting at 8:45 P.M.
The ne_~t regularly scheduled sleeting is Or_.tober , 1990.
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