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11-12-1991PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, November 1.2, 1991 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING AND ZONING COMMISSION BOB ANDREWS, CHAIRMAN JIM SHRIVER, VICE- CHAIRMAN MERWIN WILLMAN GEORGE VICK GARY BRICKEN BOBBIE VONADA KEN GREENWALD, COUNCILPERSON MEMBERS ABSENT KEITH VAN DINE, SECRETARY #1 CALL TO ORDER OTHERS PRESENT JOAN A. GEDRAITIS PETER F. GEDRAITIS MR. & MRS. ARNOLD SCHNEIDER x CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECRETARY Chairman Andrews called the meeting to order at 7:00 P.M. Chairman Andrews explained the rules of procedure that would be used for the public hearing. #2 PUBLIC HEARING: Zoning Change #103 To receive citizen input on a proposed change to Zoning Ordinance 87 -S -1, specifically Articles V, VI, VII, VIII, IX, X, XI, XIV, XV, XVI and XIX in the Sections regarding accessory buildings. In the first paragraph, the second sentence should be changed to read "Accessory buildings shall not be placed in an easement or within three (3') feet of the common property line." #3 ADJOURNMENT OF PUBLIC HEARING There being no questions from citizens or from the Commission,. Chairman Andrews adjourned the public hearing at 7:01 P.M. The Schertz Planning and Zoning Commission convened in a regular session, following the public hearing, in the Municipal Complex Conference Room. #4 CALL TO ORDER Chairman Andrews called the meeting to order at 7:02 P.M. #5 APPROVAL OF MINUTES: Aegul.ar Sess=ion October 22, 1991. Gary Bricken made a motion to approve the minutes for the regular session October 22, 1.991. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. #6 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #7 CONSIDER AND MAKE RECOMMENDATION: ZC #103 Merwin Willman made a motion to recommend approval of Zoning Change #103 to City Council. Bobbie Vonada seconded the motion and the vote was unanimous in favor. Motion carried. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Joan Gedraitis for Authorization to Operate a Beauty Salon as a Home Occupation at 3900 Tattnall, Savannah Square Subdivision Joan and Peter Gedraitis were at the meeting to represent this request. Several Commissioners commented they had driven up by Tattnall but could not find a house with the address of 3900. Steve Simonson apologized saying he should have indicated in his notes to the Commission that 3900 Tattnall is only a lot. Mr. and Mrs. Gedraitis are looking to more into the area and like ��,,..Savannah Square. This type of home occupation is not permitted in the ordinance which is why they had to come before the commission. The Gedraitis's have complied with filling out all the required forms and have also gone around to the closest existing neighbors and secured the necessary information that a beauty salon at 3900 Tattnall would not present a problem. Mr. and Mrs Gedraitis want to make sure their request for a home occupation is approved before they go ahead and buy the lot and have a house built on it. Bobbie Vonada asked Joan Gedraitis if she is aware she can't employ anyone other than someone of her immediate family and Mrs. Gedraitis replied she is aware of that. Chairman Andrews questioned Joan Gedraitis about her intentions as far as signs go. Mrs. Gedraitis indicated she does not want any signs and her husband, Peter, told the Commission the subdivision deed restrictions have a clause which preclude any kind of signs. Merwin Willman asked Joan Gedraitis if she has a State license and Mrs. Gedraitis replied she is currently applying for it and she also is required to have a shop license. -2- Joan Gedraitis had a sketch of the beauty salon with her- and passed it around for the Commission to see. The salon will be built in part of the garage but not part of the house. The State requires a certain amount of square footage. George Vick inquired as to how many more lots there are in that particular area with houses yet unbuilt o.n them and Steve Simonson estimated that number to be about twelve. George Vick then asked Joan Gedraitis how many cars she owns because she will now be down to a one car garage. Mrs. Gedraitis replied they own two vehicles and it is her understanding the garage will be extended. f Chairman Andrews reminded Mrs. Gedraitis that she cannot build in front of the building setback line. Peter Gedraitis spoke up saying this particular lot is an oversized lot and they were told there would be no problem with the setbacks. Steve Simonson confirmed that this is an oversized lot. George Vick commented on a possible problem with the number of vehicles in regard to parking and Joan Gedraitis assured Mr. Vick she could do only one customer at a time. - .Bobbie Vonada wondered what this will do to open doors for other unauthorized businesses in housing areas and Steve Simonson pointed out they will have to go through this same process. Chairman Andrews emphasized to Joan Gedraitis to remember this home occupation authorization is only for her. If she should "decide to sell her house sometime in the future, she cannot sell it as a business. Gary Bricker, expressed concern over several points about this request. First, Mr. Bricken stated this business depends on an outside population - it is not like an architect working in his home and once in a while someone comes by. The people most impacted 'by this business (the neighbors) do not exist and approving this home occupation in an undeveloped area, before other neighbors have a chance to comment, might change the course and directions of future citizens looking at that property. This business may become its own worst enemy by success. Second, Mr. Bricken indicated he feels reluctant about approving i any business that impacts the idea of a legitimate business community center. The City sets aside land for businesses in that area and zones them appropriately and if there is a reed, the businesses (strip malls, etc.) will come to that area. By approving this home occupation we are already syphoning off the resource before we even have it. -3- Gary Bricken indicated, that. because of these concerns, tie feels disinclined to approve this request: from Joan Gedraitis. Joan Gedraitis reminded the' Commission that a doctor and a dentist are two professions that, according to the ordinance, are approved as a home occupation and they would have people going in and out all the time. Gary Bricken advised Mrs. Gedraitis that, in similar circumstances, he would have the same concerns about a doctor or a dentist applying for a home occupation permit. Merwin Willman explained that with the restrictions placed on the home occupation by our ordinance, there is no growth to it. There are no signs allowed and there is a noise restriction. The only time a neighbor knows a home occupation is located there is if you tell them. Bobbie Vonada questioned why a beauty shop and a barbershop are unauthorized as a home occupation when there is no noise pollution. Merwin Willman replied because that's the way the ordinance is written and if there's a problem, the Commission should discuss it later. Jim Shriver commented to Gary Bricken that according to Mr. Bricken's theory, Shriver's CPA Service would not be able to .operate. Gary Bricken explained that is not true, Mr. Shriver has neighbors that the City could have checked with for approval /disapproval. Jim Shriver asked Joan Gedraitis how many clients she expects to have at one time and Mrs. Gedraitis said if she were giving a permanent, she could possibly do a haircut while the solution is :-setting. for the permanent, but this is only a maximum of two clients and she doubts if there will be more than that at any one time. Gary. . .:,Bricken then asked Joan Gedraitis how she would establish her business clientele and Mrs. Gedraitis replied through word of mouth. Mrs. Gedraitis went on to say she had lived in the area previously and had no trouble attracting customers. Steve Simonson related that the home the Gedraitis's are planning to have built would be on the corner of Tattnall and Savannah Drive and the business would be on the side nearest Savannah Drive. Chairman Andrews emphasized there will be no parking on Savannah Drive. The Gedraitis's both acknowledged they are aware of that and said it poses no problem for them. Bobbie Vonada remarked, that as far as she has ever seen, there have been no problems with beauty salons operating out of homes. -4- Jim Shriver made a motion to approve the request. from Joan Gedraitis for authorization to operate a beauty salon as a home- occupation at 3900 Tattnall in the Savannah Square Subdivision. Bobbie Vonada seconded the motion and the vote was as follows: AYES: B. Andrews, J. Shriver, M. Willman, B. Vonada NAYS: G. Vick, G. Bricken ABSTENTIONS: None Motion carried. Chairman Andrews told Joan Gedraitis her request was approved but reminded her there can be no signs, no employees other than 'her immediate family and no parking on Savannah Drive. The Gedraitis's thanked the Commission for their time and consideration. #9 CONSIDER AND MAKE RECOMMENDATION: Discussion of Annual Report Chairman Andrews informed the Commission that City Council approves of discontinuing the annual report if that's what the Commission wants to do. "Merwin Willman made a motion to recommend amending Ordinance 87 -5 -9, Ordinance Creating City Planning and Zoning Commission, by deleting Paragraph 10 from Section 5, Duties and Powers. Paragraph;;?0 reads as follows: "Submit each October first a progress report to the City Council summarizing it's activities, major accomplishments for the past year, and a proposed work program for the coming year. The report shall contain for the year the .attendance record of all members and the identity of Commission officers." Gary Bricken seconded the motion and the vote was unanimous in favor. Motion carried. #10 CONSIDER AND MAKE RECOMMENDATION: Discussion of the ETJ Agreements Chairman Andrews asked Steve Simonson if there had been any updates on the ETJ agreements and Mr. Simonson replied there had not. Merwin Willman wondered if the Commission can write up an agreement and submit it to those involved. Steve Simonson noted that Cibolo had written up an agreement which the City of Schertz liked, but nothing was ever done about it. After a while, the City of Schertz then wrote Cibolo asking if they would still agree to the same thing, but have never received a reply. Some of the Commissioners recommended resubmitting the letter and Councilperson Tien Greenwald thought it might be a better idea if Kerry Sweatt spoke with David Walker in person. Chairman Andrews suggested perhaps a letter should be sent from our City Manager to their City Administrator. Chairman Andrews then asked if there are any others and Steve Simonson replied our ETJ is pretty well fixed with the City of Garden Ridge and there is quite a bit of open space between us and New Braunfels. Mr. Simonson commented the one he needs to go after is the ETJ agreement with San Antonio. Jim Shriver questioned the status of the 500' between Schertz and New Braunfels on IH -35 and was informed that is no man's land. Chairman Andrews felt it would behoove the City of Schertz to get some kind of written gentleman's agreement between Schertz and New Braunfels. :Steve Simonson requested the Commission give him time to sit down with the City Manager and discuss these ETJ's. The Commission felt that was a good idea. ' At this time Chairman Andrews had to leave and turned the meeting over;to -Vice- Chairman Jim Shriver. #11- CONSIDER AND. MAKE R"COMMEND TION: Discussion of Land Use Along Schertz Parkway Merwin Willman had written a letter to the Commission regarding land use along "Schertz Parkway. In his letter, Mr. Willman asked the Commission four questions: (1) Do we want business the • full - length of the Parkway? (2) Do we want business and residential mixture? (3) Do we want grid type of residential development or do we want a type of cluster development? (4) We have. a good start on a mixed land use on the Parkway from East Live Oak Road to FM 78. Is this what we want for the area north of East Live Road? - Mr. Willman provided the Commission with a partial comparison of the differences between the Jack Hays Blvd. and the Schertz Pkwy. overlays and with the list of activities authorized in a General' Business Zone. Also provided were four sets of pictures, three sets of which show- land use, how the land currently looks, how it would look under current development directives, and then a proposed development. Mr. Willman explained the pictures are not intended to recommend adoption of any one type of zoning, just to display new ideas and ways in land use and development and give a visual picture of what is, and what can be done. The fourth set of pictures show parking areas around a business or activity that requires a large parking area. Mr. Willman felt that in -6- developing new overlays or' changes to current directives, as an incentive, consideration could be given to reducing building setback requirements when parking is placed behind or along the- side. In his letter to the Commission, Mr. Willman said he has two suggestions for better utilization of the land along Schertz Parkway: (1) create a new zoning district; or, (2) change the current Parkway overlay district to include the area from East Live Oak Road to FM 78. The Commission discussed all these things, but some members seemed unknowledgeable on how to go about incorporating these ideas into the current ordinance. F Steve Simonson advised they would have to write a special business district and /or overlay to accomplish that particular task. Density zoning was discussed with Steve Simonson admitting he doesn't like it because if you want to buy two acres of land, you can °put a convenience store in the middle of a subdivision_. George Vick asked how they put all these ideas down on paper. Merwin Willman stressed that the ramifications and specifications could be.worked out `later, right now they need to decide what it is they want. Gary Bricken determined this may be the last great opportunity to create a``really unique inroad into the City - something different and especially attractive and beautiful. The question then came up about how they begin to get to their objective once they've decided what they want, and Steve Simonson told them they do research on how to get there. The - ;consensus of the Commission was that Merwin Willman should continue with his exploration and research on this project. #12 GENERAL DISCUSSION George Vick: (a) Asked if the camper trailer parked on Schertz Parkway is allowed and was informed by Steve Simonson it is on private property. (b) Reported he had seen two pick -up .trucks on Schertz Parkway clearing trees and brush. Steve Simonson said he would check into it. _7 (c) Commented he didn't realize trier Steve Simonson related it. is one of grandfathered - it was there when the (d) Noted the old refrigerator off_ FM (e) Also noted that the old truck by gone. Gary Bricken: is a dog kennel on Aranda. those businesses that was City annexed the area. 1518 has been removed. the lawn repair service is (a) Remarked that up by Bussey's, at the old auction yard, they are erecting little buildings. Steve Simonson advised it's another flea market. Mr. Bricken said he is concerned because telling him that the owner of the property have 1500 watt space heaters in the buildin, even when everyone is gone. Steve Simonson the Fire Chief and have the inspectors check Bobbie Vonada: the proprietor was told them they can Is and leave them on said he will inform into it. (a) Asked if there's a kennel on Crest Oak. Mrs. Vonada said " she knew they had show dogs but wondered if it is a kennel. Jim Shriver. informed.Bobbie Vonada that Doris Courtney raises dogs. It was pointed out however, by Steve Simonson, that Doris ;Courtney can still have only three dogs and can raise a litter only to a certain age. (b) Inquired if the frontage roads' off IH -35 will remain two -way traffic when construction is finished and Steve Simonson replied no they will not. (c).Had some literature on the TEXCAPS program for anyone who may be interested. Merwin Willman: (a) Related that the second meeting in December is usually cancelled. Since this year it would fall on Christmas Eve, Mr. Willman requested it's cancellation be placed on the next agenda. for consideration. (b) Noted he had been reading and hearing a lot about the high speed rail and thinks the Commission needs as much information as possible about it in order to stay on top of things. Jim Shriver asked Steve Simonson if he had made any contact with the high speed rail people and Mr. Simonson replied yes, he had given the Commission that information, and he had also written them. -8- (c) Pointed out that in they October, 1991 Zoning News there is a definition of "families" and asked if the Commission needs to be concerned. Steve Simonson stated he thinks there's a definition j in the Code. Steve Simonson: (a) Informed the Commission there is a copy of the Unified Development Code in his office if anyone wishes to look it over. Jim - Shriver: (a) Asked if anything is going to be listed on the Project Control Board and Steve Simonson said he will take care of it.f #13 ADJOURNMENT Vice- Chairman Shriver adjourned the meeting at 8:20 P.M. The next regular meeting is scheduled for November 26, 1991. -9-