04-14-1992 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission conducted a public
hearing on Tuesday, April 14, 1992 at 7:00 P.M. in the Municipal
Complex Conference Room, 1400 Schertz Parkway. Those present
were as follows:
PLANNING AND ZONING COMMISSION OTHERS PRESENT
BOB ANDREWS, CHAIRMAN ODO RIEDEL
JIM SHRIVER, VICE-CHAIRMAN LONDA PHILLIPS
KEITH VAN DINE, SECRETARY
MERWIN WILLMAN CITY STAFF
BOBBIE VONADA
LEONARD ZYCH STEVE SIMONSON,
KEN GREENWALD, COUNCILPERSON ASST. CITY MANAGER
NORMA ALTHOUSE,
MEMBERS ABSENT RECORDING SECRETARY
GEORGE VICK
#1 CALL TO ORDER
Chairman Andrews called the meeting to order at 7:00 P.M.
#2 PUBLIC HEARING: Authorized Use in GB of Animal Control
Property
To receive citizen input on the determination of whether or not
an animal control facility is an allowed use in the General
Business category of the Zoning Ordinance.
Chairman Andrews explained the rules of procedure that will be
followed for the public hearing.
Chairman Andrews asked Steve Simonson for input, but Mr.
Simonson reported there was none. Letters were sent out, but no
one replied.
Chairman Andrews reminded the Commission the City is proposing to
place an animal control facility next to the drainage ditch on
Borgfeld Road. It will back up to the landfill.
Bobbie Vonada expressed concern about the standing water in the
drainage ditch and asked if they're going to spray for
mosquitoes. Steve Simonson replied to this that the ditch is
usually dry, this has been an exceptionally wet year.
#3 ADJOURNMENT OF PUBLIC HEARING:
There being no further discussion, Chairman Andrews adjourned the
public hearing at 7:02 P.M.
The Schertz Planning and Zoning Commission convened in a regular
session, following the public hearing, in the Municipal Complex
Conference Room, 1400 Schertz Parkway.
#4 CALL TO ORDER
Chairman Andrews called the regular session to order at 7:03 P.M.
#5 APPROVAL OF MINUTES: Regular Session March 24, 1992
Mervin Willman made a motion to approve the. minutes for the
regular session March 24, 1992. Keith Van Dine 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 RECOM[~NDATION: Authorized Use in GB of
Animal Control Property (ZC #105)
There was no further input and Mervin Willman made a motion to
recommend approval to City Council of an animal control facility
as an allowed use in the. General Business category of the Zoning
Ordinance. Keith Van Dine seconded the motion and the vote w.as
unanimous in favor. Motion carried.
#8 CONSIDER AND TARE APPROPRIATE ACTION: Preliminary Plat
Approval of the Vacate and Replat of a Portion
of Schertz Modular Park, Unit One (PC #174-92)
Odo Riedel was at the meeting to represent this request.
Chairman Andrews commented that the checklist worked great for
this plat.
Mr. Andrews then asked Steve Simonson if "replat" is the correct
word since we are platting the road that was built that was not
there previously. Mr. Simonson indicated even though the road.
is in addition to, "replat" is still the correct word.
Steve Simonson informed the Commission that what they have here
in this plat is what Mr. Riedel, City Council and the Planning
and Zoning Commission have all talked about. Mr. Riedel used
Fisher Engineering and this plat conforms to what was _ actually
built. Mr. Simonson reminded the Commission that Mr. Riedel
did not create this situation, he inherited it.
Mervin Willman asked if we intend to hold a public hearing on
this, and if not, what reason (as listed. in the Subdivision
Ordinance) do we intend to use.
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After a brief discussion it was decided to use Paragraph a.l.
under Article II, Procedure, Section 16.5, Vacation of Plat in
the Subdivision Ordinance. Paragraph a.l. reads as follows:
"When all owners or duly authorized representatives of previous
plat agree to replatting."
Keith Van Dine noted that his impression was that public hearings
are held for the purpose of getting input from surrounding
property owners. Steve Simonson acknowledged that Odo Riedel and
the City are the only ones effected by this vacate and replat.
Merwin Willman made a motion to approve the preliminary vacate
and replat of a portion of Schertz Modular Park, Unit One (PC
#174-92). Keith Van Dine seconded the motion and the vote was
unanimous in favor. Motion carried.
Chairman Andrews told Odo Riedel the final plat for this will be
placed on the agenda of the Planning and Zoning's next meeting
which is April 28, 1992.
#9 CONSIDER AND MARE RECOMMENDATION: Proposed Special District
for Schertz Parkway
Chairman Andrews related this is an item that was previously sent
to City Council as an amendment to the Special Overlay District -
Schertz Parkway. City Council replied with a letter asking for a
special district on Schertz Parkway.
Merwin Willman had written up a proposed special district for
Schertz Parkway and the Commission reviewed it and suggested the
following changes:
(a) Under Section 4.1 Boundaries where it says "North - to within
750 ft. of IH-35", the Commission suggested adding Right-of-Way
at the end.
(b) Under Section 4.3 b. where it says "The following list of
uses shall be permitted", the Commission suggested adding the
word additional before uses.
(c) Under Section 4.5 Development Plans where it says
"..........in sufficient detail for the Commission to
determine..........", the Commission suggested adding .Planning
and Zoning before the word Commission.
(d) Section 4.10 Non-Conformance was deleted because the
Commission felt it was redundant.
Under the Schedule of Uses, a dance hall/night club, a tavern, a
commercial radio or TV transmitting station, and radio,
television or microwave towers were discussed, but no changes to
the Schedule of Uses resulted.
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Jim Shriver remarked he hated to see a dance hall or a tavern
along Schertz Parkway.
Mervin Willman pointed out that the Commission has the authority
to prevent it.
Bobbie Vonada brought up the possibility of the school district
building along the Parkway and you can't put an establishment
that serves alcoholic beverages within so many feet of a school.
Councilperson Ken Greenwald noted that if you go by TABC rules
(which are ambiguous), you could put a tavern in the. front door
of the school.
Chairman Andrews added that the way they measure it, the distance
side to side is irrelevant.
Steve Simonson stressed that an establishment like that .probably
wouldn't build along Schertz Parkway anyway because of the cost
of the land, because the City doesn't. allow metal-buildings, and
because of the setback requirements.
Leonard Zych questioned why a Specific. Use Permit is required. for
radio, television or microwave towers and not for a commercial
radio or TV transmitting station.
Steve Simonson replied because the City would like to have
control over where the tower is built, but not necessarily over
the location of the transmitting station.
Mr. Zych contended that a transmitting station can' emit
interference.
Mr. Simonson explained that in a case of interference, the FCC
would require them to filter it out.
Jim Shriver made a motion to forward to City Council, as amended
this evening by the Commission, the proposed Special District for
Schertz Parkway. Leonard Zych seconded the motion and the vote
was unanimous in favor. Motion carried.
#10 CONSIDER AND MAKE RECOMMENDATION: Tax Increment Financing
Chairman Andrews asked Steve Simonson for any input on this item.
Mr. Simonson advised that at the last meeting, when Mark Marquez
made his presentation, Mr. Marquez had said that Tax Increment
Financing cannot be used for residential, it is for business
only. There is, however, a caveat that allows 10$ of the
effected area to be residential and does not preclude TIF for the
whole area. Mr. Simonson reminded the Commission that the depth
of the TIF area is only 500 feet, so it does not appear to be a
problem. In Woodland Oaks and Savannah Square you go back
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further than that before you get to the first house. If it were
in an area like Silvertree, then there would be a problem.
Leonard Zych wondered if that 10~ would be part of the TIF and
Steve Simonson said yes it would.
Chairman Andrews reported he had gone back to his office and
looked at Jack Hays Blvd. and tried to determine what could not
have been built along there if it had been TIF'd.
Mervin Willman expressed the opinion that the emphasis along
Schertz Parkway will be on commercial development.
Jim Shriver asked who's pushing this plan other than Mark
Marquez.
Mervin Willman responded by saying Mark Marquez is not pushing
it. It is an alternative to the Platting:Fees Ordinance because
it was suggested we need some other way to get money for the
widening of Schertz Parkway.
Jim Shriver then asked if TIF is the only solution.
Mervin Willman replied he doesn't know of anyone that's come up
with a^.ything else.
Keith Van Dine questioned what happens when you .achieve your.
goals with the TIF.
Chairman Andrews noted that when you place a TIF on an area, you
set up a timetable.
Mervin .Willman explained that once the TIF is approved, a
committee has to be appointed and a plan has to be laid out.
Keith Van Dine observed then, that once the goals are achieved,
the tax money goes back into the regular fund. Both Steve
Simonson and Councilperson Ken Greenwald acknowledged that's
correct.
Mr. Van Dine then asked if you can expand, refine or change the
goals for the TIF and Steve Simonson replied yes, through the
public hearing process.
Mr. Simonson further stated that Schertz Parkway opened in 1988
and only two out of all the developers who started it have hung
in there and they haven't yet had a return on their money.
Keith Van Dine brought up the question of what happens when the
money builds up, but you don't meet the deadline.
Mervin Willman replied that's up to the TIF committee.
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Chairman Andrews commented you have to consult the County and the
school district to see if-they want to go along with this idea.
Merwin Willman disagreed saying it would be nice if they
participated, but they don't have to, and the City can do this on
its own.
At this time Odo Riedel asked a question. Mr. Riedel wanted to
know how much land along Schertz Parkway has been developed. and
how much has gone back to grazing land.
Steve Simonson replied all of it has gone back to grazing land.
Odo Riedel stated we don't need to overtax .ourselves.
Merwin Willman made a motion saying the Planning and Zoning
Commission favorably recommends that Tax Increment Financing be
considered- by City Council for the area along Schertz Parkway.
from IH-35 to E. Live Oak Road, and that such financing be used
for the following:
(1) widening of the parkway
(2) installation of sewer lines
(3} installation of underground electric lines., and
(4) any other improvement that may be .needed to promote
development along the parkway.
The Commission also recommends that at the time the Tax Increment
Financing is approved, Ordinance 87-5-22, the Platting Fee
Ordinance for Schertz Parkway, be rescinded so there is no gap of
time between approval of the TIF and rescission of the Ordinance.
Keith Van Dine seconded the motion and the vote was unanimous in
favor. Motion carried.
#11 CONSIDER AND MARE RECOMMENDATION: Zoning of Beck Concrete
Area
Chairman Andrews noted this area was recently annexed into the
City of Schertz and we need to establish a zoning classification
for it.
Chairman Andrews than asked Steve Simonson for input.
Mr. Simonson observed it's basically an M-1 business that's in
there (gravel and Class 4 landfill).
Merwin Willman's recommendation was M-2 (Heavy Manufacturing).
Mr. Willman commented he also thought at first it should be M-1,
but upon further investigation he found that a business that-
creates dust, smoke, or gas fumes beyond the property line should
be zoned M-2. Mr. Willman further pointed out that anything
that goes in an M-2 area has to be approved by the City through a
Specific Use Permit.
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Some of the Commissioners claimed the City doesn't have an M-2
zoning classification, but Merwin Willman said yes they do, they
just don't have any land zoned M-2.
After a brief discussion, the Commission agreed the M-2 zoning
classification was a good idea because of having to be approved
by the City through a Specific Use Permit.
Chairman Andrews stressed this would be for the Beck Concrete
property only, not the entire area that was annexed. The
Commission will need to address the rest of the area later.
Keith Van Dine made a motion to recommend to City Council that
the Beck Concrete property be zoned M-2 Heavy Manufacturing and
that this proposed zoning be scheduled fora public hearing.
Merwin Willman seconded the motion and the vote was as follows:
AYES: B. Andrews, J. Shriver, K. Van Dine, M. Willman,
B. Vonada
NAYS: None
ABSTENTIONS: L. Zych
Motion carried.
#12 GENERAL DISCUSSION
Keith Van Dine
(a) Reported that roads in the Schirmerville area are still in
bad shape, specifically two areas on Pfeil (one by Shady Acres
and one by Fenner's house) and one on Ware-Seguin.
Steve Simonson said Pfeil Road was scheduled to be repaired
several weeks ago, but Mr. Van Dine related nothing had been
done yet. Mr. Simonson indicated he would check into it.
Leonard Zych:
(a) Thanked the Commission and Steve Simonson for the
professional courtesies extended to him and especially the tour
of the City. Mr. Zych stated he hopes to earn their respect as
time passes on.
Bobbie Vonada•
(a) Thanked Norma Althouse for the way the package was put
together this time.
Merwin Willman:
(a) Welcomed Leonard Zych aboard as a member of the Commission
and expressed the desire he hopes he enjoys his work with them.
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Councilperson Ken Greenwald:
(a) Stated that traffic should be very minimal on the RAFB-south
gate access road from now through July due to ongoing
construction.
(b) Told Steve Simonson that the sink hole by GVEC is starting
up again.
Steve Simonson:
(a) Related that Gilbert Boenig came to the City last year and
asked to be annexed. Mr. Boenig owns approximately 160 acres on
the west side of Boenig Drive which fronts Graytown, Boenig and
Ware-Seguin.
City Council said they would favorably consider Mr. Boenig's
request on the conditions he were disannexed by the City of San.
Antonio and the water certification areas were changed (the San
Antonio Water Board would have to decertify that water service
area). Mr. Boenig is in the process of getting these things
accomplished.
Bobbie Vonada asked how much it would cost.for the City of
Schertz to annex this property and Steve Simonson replied it
would cost nothing. The land is on a road we already maintain,
the water lines are already in the area and there .are no
buildings on the land, it is just farmland.
Jim Shriver:
(a) Asked for an explanation of the letter to the Commission
from City Manager, Kerry Sweatt, about home occupations.
Councilperson Ken Greenwald .remarked there had been lots of
discussion by City Council about how many home occupations there
are in the City.
Jim Shriver then asked what it is the Commission is supposed to
do.
Merwin Willman added that City Council brought up the number of
letters that were sent out to people asking if they still had
home occupations and asking them to renew their permit, so they
want to wait until the responses come back before any action is
taken as far as the proposed amendment.
Mr. Willman then implied it would be nice if the Commission
could get a copy of all recommendations they send forward to City
Council.
Jim Shriver noted that he received a letter from the Inspection
.Department regarding his home occupation permit, but there is no
deadline in it.
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Steve Simonson explained that no deadline was included in the
letter because they didn't want to scare people off and there
will be a follow up to the letter.
(b) Questioned what rules the City has about people living in
parked RV's when they are not in an RV park. This question was
in reference to the RV parked on Curtiss.
Steve Simonson answered it has to be on private property and
usually there is a time frame that has to be followed, but in
this particular case the gentleman was given a longer length of
time because he is rehabbing the building.
Chairman Andrews:
(a) Reported the street is bubbling up in front of 165 Valley
Oak in Lone Oak Subdivision. Steve Simonson said he would have
it checked.
This was followed by a brief discussion about the streets with
Steve Simonson saying the first priority has to be the safety of
the streets.
Odo Riedel mentioned the Alamo Waste Trucks being too heavy for
the streets.
(b) Reminded the Commission that Steve Simonson had given them
more information to include in their Comprehensive Plan binder.
# 13 ADJOURNMENT
Chairman Andrews adjourned the meeting at 8:26 P.M.
The next regularly scheduled meeting is April 28, 1992.
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