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05-26-1992 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, May 26, 1992 at 7:00 P.M. in the Municipal Complex Council Chambers, 1400 Schertz Parkway. Those present were as follows: PLANNING AND ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN MARIE FRIESENHAHN JIM SHRIVER, VICE-CHAIRMAN KERMIT TREYLING KEITH VAN DINE, SECRETARY ALLEN & RUBY BIEGERT MERWIN WILLMAN MALFORD ACKERMANN LEONARD ZYCH VIOLA KRAMER KEN GREENWALD, COUNCILMAN FRANKLIN ROBERTS MARY INSKEEP MEMBERS ABSENT GRACE GANYO ROBERTA ROBERTS GEORGE VICK LONDA PHILLIPS BOBBIE VONADA ODO RIEDEL CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECY. #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 PIIBLIC HEARING: To receive citizen input on three separate proposals:. (ZC #106) (a) amendment to the Zoning Ordinance regarding a Special District for Schertz Parkway from E. Live Oak Road to within 750' of IH-35 right-of -way; (b) revisions to the Zoning Map regarding property along Jack Hays Blvd. and property along Schertz Parkway from E. Live Oak Road to the Southern Pacific Railroad; and (c) rezoning of the Beck Concrete property off FM 78 from PD (Predevelopment) to M2 (Heavy Manufacturing). Chairman Andrews explained the rules of procedure that would be followed for the public hearing and advised that the Planning and Zoning Commission has ten days to make it's recommendation to City Council. (a) Amendments to the Zoning Ordinance regarding a Special District for Schertz Parkway from E. Live Oak Road to within 750' of IH-35 right-of-way. ,~i Chairman Andrews asked for input from Steve Simonson on this item and Mr. Simonson informed everyone present that the purpose of the Special District for Schertz Parkway from E. Live Oak Road to within 750' of IH-35 right-of-way is to enhance commercial development in such a way as to make the parkway aesthetically pleasing as one of the major entrances to the City. Malford Ackermann of 320 Maske Road asked .what kind of development they're going to have along Schertz Parkway and expressed concern about cutting down all the trees. Steve Simonson stressed they don't want to stifle development, but at the same time they are not going to permit someone to cut down all the trees. Chairman Andrews added to this that with the setback requirements and the buffer zone, it will be possible to put a business along the parkway and still leave some trees. Franklin Roberts of 908 Colony Drive asked how far back the Special District goes and Chairman Andrews .replied 500 feet. After some discussion about Maske Road and the fact that 500 feet would leave only a slice of it outside the Special District area, Steve Simonson concluded the Commission may have to modify it's boundaries slightly. At this time the discussion on item a (a) was closed. (b) Revisions to the Zoning Map regarding property along Jack Hays Blvd. and proper~v along Schertz Parkway_fr_om E. Live Oak Road to the Southern Pacif is Railroad. Chairman Andrews reviewed the following changes being proposed along the west side of Schertz Parkway from E. Live Oak Road to the Southern Pacif is Railroad: (1) that area directly adjacent to The Gardens Subdivision going south to Aero Avenue be rezoned from General Business to R-4 Apartment/Multi-Family Dwelling District; (2) that area currently zoned General Business, going south from Aero Avenue to Curtiss Avenue, be rezoned to Neighborhood Services; and, (3) that area bounded by the Jim Silvers property, going south to Exchange Avenue, be rezoned from General Business to R-4 Apartment/Multi-Family Dwelling District. Chairman Andrews commented these changes are being recommended to try and promote continuity and generate business growth.. -2- Odo Riedel remarked he had tried to build apartments along Schertz Parkway ten years ago and was turned down. Steve Simonson told Mr. Riedel there have been changes in the past. ten years and some of the thinking has changed. Franklin Roberts of 908 Colony Drive had questions on some of the various zonings such as R-4 and Chairman Andrews explained R-4 to him along with R-2, R-5 and R-5A. Mr. Andrews stressed the City is trying to curtail the number of curb cuts along Schertz Parkway. Chairman Andrews reviewed the following changes being recommended along Jack Hays Boulevard: (1) the property in front of Oak Forest Subdivision, which now belongs to the City, be rezoned from Office and Professional to Public Use; (2) the 200' x 200' piece of Iand at the intersection of Jack Hays Boulevard and Green Valley Road be rezoned from General Business to Office and Professional; (3) the strip of land between Alamo Waste and Autumn Winds be rezoned from General Business to Neighborhood Services; and, (4) the arm of land that extends along Borgfeld Road, with the exception of the animal control property, be rezoned from General Business to Neighborhood Services. Mary Inskeep of 4304 Lazy Oak and Grace Ganyo of 4308 Lazy Oak asked for further details about the property in front of the Oak Forest Subdivision. Chairman Andrews explained that the City has purchased the land and is proposing to rezone it as Public Use. Merwin Willman noted that when Jack Hays Boulevard is widened, a lot of that land will be lost. Both ladies then asked about the drainage structure and Steve Simonson indicated, that in his opinion, the drainage structure will be enlarged considerably. The Commission was then asked for an explanation of Neighborhood Services Zoning and for a list of uses in that type zoning. Steve Simonson advised there is quite a lengthy list of uses permitted in an area zoned Neighborhood Services, but gave the ..example of a convenience store and a grocery store. Mr. Simonson- further pointed out that uses permitted in areas zoned Neighborhood Services are those which are more conducive to a neighborhood rather than, for example, an auto paint and body shop which is a permitted use in an area zoned General Business. -3- Discussion of item (b) was closed at this time. (c) Rezoning of the Beck Concrete property off FM 78 from Predevelopment to M-2 Heavy Manufacturing. Chairman Andrews pointed out this is part of an area recently annexed into the City and it is only the Beck Concrete property that is being rezoned at this time. The recommended M-2 zoning is consistent with the type of business that is there now. A gentleman from Pecan Grove Mobile Home Park asked if the zoning. where the nursery is located is being changed and was informed it is not. ' This concluded the discussion on item (c). Chairman. Andrews asked about letters that had been sent and any responses received in regard to the public hearing. Steve Simonson reported 117 letters had been sent to property owners, 5 had been returned with no forwarding address, 3 were returned in favor of the propased changes, and 1 was returned unable to comment on the proposed changes. #3 ADJOURNMENT OF PUBLIC HEARING Chairman Andrews adjourned the public hearing at 7:25 P.M. The Schertz Planning and Zoning Commission convened in regular session, after the public hearing, in the Municipal Complex Conference Room, 1400 Schertz Parkway. #4 CALL TO ORDER Chairman Andrews called the meeting to order at 7:34 P.M. #5 APPROVAL OF MINUTES: Regular Session May 12, 1992 Merwin Willman made a motion to approve the minutes for the regular session May 12, 1992. Leonard Zych seconded the motion and the vote was as follows: AYES: B. Andrews, K. Van Dine, M:~Willman, L. Zych NAYS: None ABSTENTIONS: J. Shriver Motion carried. #6 CITIZENS' INPUT OTHER THAN AGENDA ITEMS Odo Riedel mentioned he had several items to bring to the Commission's attention. First of all there is a new snow cone business in Schertz. -4- Second, there has been a difference in mail service to some of the people in the City because the Post Office considers that it is hazardous for their vehicles to be on FM 78. Third, and the main reason some of these citizens came tonight, is to ask for action to correct the drainage problem which allows water from the lift station to drain into Frontier Trailer Park and into Pecan Grove Mobile Home Park. The people in the area have had enough. Some years ago a blunder was made and it needs to be corrected. Mr. Riedel said their suggested solution is the installation of culverts and flood gates. There was a brief discussion on the way the latest flooding crisis was handled and that the remark was made Boerne opened their flood gates all at once instead of in controlled stages. Steve Simonson indicated there apparently was some kind of a warning net breakdown and they're still trying to find out why. Chairman Andrews told the citizens they need to bring these matters to the attention of City Council. Malford Ackermann expressed concern about. the gross weight of vehicles allowed on Schertz Parkway and said it needs to be investigated. Mr. Ackermann suggested installing "No Through Truck Traffic" signs. As in the case with Odo Riedel, Chairman Andrews suggested to Mr. Ackermann that he bring this matter to the attention of City Council. #7 CONSIDER AND MAKE RECOMMENDATION: ZC #106 Chairman Andrews commented it appears the citizens agreed with .all the proposed changes except Maske Road. As a result of discussion during the public hearing, the Commission changed the boundaries of the Schertz Parkway District to read as follows: North - to within 750 feet of IH~35 right-of-way South - intersection of Schertz Parkway and E. Live Oak Road East - to a depth of 500 feet from IH-35 to Maske Road, .and then from Maske Road to E. Live Oak Road all the area bounded by Maske Road, E. Live Oak Road and Schertz Parkway West - to a depth of 500 feet from IH-35 to East Live Oak Road Merwin Willman made a motion to recommend to City Council approval of (a) amendment to the Zoning Ordinance, with the boundaries modified, regarding a Special District for Schertz Parkway from E. Live Oak Road to within 750 feet of IH-35 right-of-way, (b) revisions to the Zoning Map regarding property along Jack Hays Boulevard and property along Schertz Parkway from E. Live Oak Road to the Southern Pacific Railroad, and (c) -5- rezoning of the Beck Concrete. property off FM 78 from PD (Predevelopment) to M2 (Heavy Manufacturing). Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. NOTE: Three items on the list for proposed zoning changes were inadvertently omitted from discussion at the public hearing. They are: (1) rezone from the currently zoned PUD to R-2 approximately 74 acres of land located adjacent to Val Verde Units 1 and 2 and the Sebastian Apartments and bordered on the south by Marilyn Drive, on the west by Chestnut Drive and on the . east by Schertz Parkway; (2) rezone from General Business to Neighborhood Services approximately 16 acres of land from Elbel Road south to Curtiss Avenue, bounded on the north by Elbel Road, on the south by Curtiss Avenue, on the east by the Sycamore Creek Apartments and Westchester Drive, and on the west by Schertz Parkway; and (3) rezone from General Business to R-3 approximately 5.388 acres of land known as Clyde Ford Village, bounded on the north by the Viola Beck property, on the east by Westchester Drive and on the west by Schertz Parkway. The Commission thought just discussion on the rezoning of the PUD had been omitted and recommended it be scheduled along with other public hearing items at a later date. However, upon review the day after the meeting, I discovered the other two items had also been omitted from discussion and mentioned it to Steve Simonson. Mr. Simonson suggested, since these items were on the list originally sent forward to City Council for a public hearing, since property owners had been notified, and since City Council will be holding it's public hearing on them June 2nd, that we just go ahead with the process and recommend to City Council approval of all the zoning changes proposed. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Jane and Mike DuPlantis, Owners of Goofy Golf, to Maintain a Non-conforming Sign at the Corner of FM 1518 and Oak St. Jane and Mike DuPlantis were not present at the meeting. Chairman Andrews asked for input from Steve Simonson. Mr. Simonson remarked the owners understood the sign was part of the ownership of Goofy Golf. The sign has been there for many years and they would like to keep it there. They have submitted their idea for a new sign (included in the Commissioners' packages) and would have it done by a professional. As a side note, Mr. Simonson further stated they are also trying to gain ownership of the batting cages. Merwin Willman suggested that three factors be considered:(1) the sign is in violation of the ordinance, (2) we need written proof of ownership of the sign, and (3) the sign is in bad condition. -6- Leonard Zych questioned what happens if proof of ownership cannot be found. Chairman Andrews expressed the opinion that if the City owns the land on which the sign is located, then the City owns the sign. Mr. Andrews also suggested this item be tabled until the City can work out an agreement with Jane and Mike DuPlantis and then they can come back to the Commission and request a variance. Keith Van Dine admitted he doesn't understand how the City could give permission for a non-conforming sign on City property. Chairman Andrews pointed out that the proposed sign would benefit the City. Along with Goofy Golf and the batting cages, it is advertising the B.V.Y.A. baseball fields, the scout meeting hut, the swimming pool, the pavilions and the picnic areas. Leonard Zych mentioned the fact that what we have here is a sign advertising things owned by the City commingled with a private business venture. If we do it for one, why not for all? Where do we draw the line? Mr. Zych stated, that in his opinion, this is a direct conflict of interest between City and business. Keith Van Dine wondered if the City could lease the sign to the DuPlantis's, making them responsible for its upkeep. Leonard Zych observed that the sign is considerably deteriorated and then there would also be the problem of power lines, overhanging trees and high grass. Who would be responsible for maintenance on those items? The DuPlantis's had included cartoon characters on the proposed sign with a similarity ,to Donald Duck and Goofy and Jim Shriver questioned if they. had permission to use those characters. The Commission agreed it was something to consider but didn`t think it was a problem because the cartoon characters on the proposed sign were not a good likeness of Donald Duck and Goofy. Keith Van Dine, once again, brought up the problem he has with a non-conforming sign on City property. Leonard Zych disagreed with Keith Van Dine's opinion on the non-conformance, but asked why put the City in jeopardy. After further discussion about the condition of the sign, about the ownership of the sign, and about how long, if approved, the sign would be permitted to remain, Jim Shriver made a motion to table the request from Jane and Mike DuPlantis to maintain a non-conforming sign at the corner of FM 1518 and Oak St. until further information is provided. Leonard Zych seconded the motion and the vote was unanimous in favor. Motion carried. At this time Chairman Andrews called for a short recess. -7- #9 CONSIDER AND MAKE RECOMMENDATION: Request from Schertz Housing Authority for Special Exception to the Zoning Ordinance at Three Different Sites: (a) Pfeil Ave. and Main Ave. (b) Pfeil Ave. and Exchange Ave., and tc) Pfeil Ave. and Curtiss Ave. Chairman Andrews asked for Staff input. Steve Simonson informed the Commission the Schertz Housing Authority is proposing to construct storage areas at the back of the Roy Richard Courts which would cause encroachment into the .required setback lines. Clyde Ford Village has storage areas and it has worked out really well for them. Jim Shriver questioned the construction composition and Steve Simonson replied it will conform with what exists there now. Steve Simonson noted that the Schertz Housing Authority has paid the $50 fee because they know this request requires a public hearing. The Commissioners found no problem with this request and Leonard Zych made a motion to recommend approval to City Council of the request from the Schertz Housing Authority for Special Exception to the Zoning .Ordinance at Pfeil Ave. and Main Ave., at Pfeil Ave. and Exchange Ave. and at Pfeil Ave. and Curtiss Ave. and to schedule it for a public hearing. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #10 CONSIDER AND MAKE RECOMMENDATION: Updating of Comprehensive Plan Review of the following items: (1) Goals and Objectives (2) City History t3) City Government (A through D) t4) Economic Conditions (A through B) Leonard Zych asked to make a few comments at this time. Mr. Zych reported that after having ;read through the plan, he gained an appreciation of those who Had gone before him, but he has given this considerable thought and has four basic concerns: tl) consistency in numbers and letters, t2) there are lots of negatives in the plan, (3) the organization of the plan itself, and (4) the fact he sees nowhere, with the exception of Water/Wastewater and possibly the Police Dept., any documented statement of goals and objectives and any rationale for them. Mr. Zych said he cannot tell where the City is going in 5, 10, 15, or 20 years, etc. Chairman Andrews agreed that the goals and objectives do need some refinement. However, the Commission had started with a broad overview in the beginning and then provided more specifics in the various addenda. Mr. Andrews added that business, -8- economy and development are all money driven. Leonard Zych pointed out that the percentages of growth or loss in the best and worst of times are not there in statement form. Mr. Zych wondered how you can predict where you are going without establishing basics - he cannot find these basics anywhere in the plan. Mr. Zych further added that if the Commission, as a body, cannot make estimates and stick out their necks in this plan, then he would as soon walk out and not be part of the process. Keith Van Dine commented the Commission had talked about specifics when they first started working on the plan, but then agreed later to make it more general. Councilman Ken Greenwald indicated his agreement with Chairman Andrews about business, economy and development all being money driven. Mr. Greenwald questioned whether you get into all those specifics in the goals and objectives or whether you provide that type of data later in the plan, such as in the addenda. Leonard Zych stressed that if you have goals and objectives, then say so. Otherwise, make it a policy statement. Mr. Zych said it is his opinion that the Commission needs to bite the bullet and get on with it. Jim Shriver acknowledged his agreement with Leonard Zych. Mr. Shriver admitted that as individuals, the Commission has not gotten into the Comprehensive Plan because it will take a lot of time which most of them don't have because they work. Mr. Shriver told Leonard Zych that if he is saying he has the time, no one will begrudge him the task. Leonard Zych responded by saying he cannot bite the bullet by himself, he will need input from the other members of the Commission. Keith Van Dine commented he doesn't think Leonard Zych has brought up anything they haven't discussed before, but stated he has no problem with the draft of the plan as it is at the moment. Leonard Zych insisted there have~to be dreams, and there must surely be something to aim for between saying you need lots of money and saying nothing. Chairman Andrews remarked that he feels the Commission has all the necessary information, just not in a form that flows. It needs to be refined. Leonard Zych countered by saying that a lot of the figures don't add up. At this point Chairman Andrews asked for suggestions as to where they go from here. -9- i, Merwin Willman pointed out they have no one with experience in putting a Comprehensive Plan together and he doesn't know if the City can afford a consultant. Leonard Zych brought up five points he feels are mandatory for putting this plan together: (1) Require every City department to review the census data and come up with a 5 year growth plan, along with projections for the next 10 and 20 years. The deadline for this should be either 60 or 90 days. (2) Call in the Visions Committees and ask for their dream sheets. (3) Have someone compile and format the information. (4) Show some interest and enthusiasm. (5) Make a commitment to spend the time necessary needed to complete the project. Mr. Zych volunteered to head this up .because he has the experience. Steve Simonson advised the Commission that what he had presented to them was just a draft to try and get something moving. They were at a standstill. Keith Van Dine noted he has no problem with department input, but each department will be looking out for themselves. Leonard Zych suggested ghat a suspense be put on this project. Merwin Willman stressed the need for the Commission to determine a plan with guidelines so they know where they're going and how they're going to get there. Steve Simonson advised he thinks a 5 year growth plan and . projections for the next 10 and 20 years is realistic for the Staff . Chairman Andrews questioned if we need to give the departments guidelines such as growth in population and land mass acquisition. Steve Simonson acknowledged that if you give them these types of parameters, they should be able- to come up with their projections. Chairman Andrews then asked Steve Simonson how long he was going to give the departments to accomplish this task and Mr. Simonson replied b0 days. -10- Chairman Andrews wanted to know who .was going to put these parameters down on paper and Leonard Zych volunteered, but said he would need for someone to check with the City Manager for approval. Steve Simonson informed the Commission he needs a letter from them outlining all these recommendations and asking the City Manager for his blessing. This would give him something concrete to present to all the department heads. Mr. Simonson also asked the Commission to be thinking about areas for future annexation. Mr. Simonson said once he has a letter signed by the Chairman he will go ahead and present it to the City Manager and if he approves, they could get some input within 60 days. Leonard Zych mentioned that a body like the Commission needs to review the input from the various departments. The Commission discussed the overall time frame and felt that getting input from the department heads, then combining this with reports .from the Visions Committees, compiling, formatting and drafting the information and sending it to City Council, getting Council's input and then sending the document back once more to the departments for any further input, and then finally completing the project could be about a six-month process from beginning to end. Chairman Andrews recommended tabling Item #10, Updating of the Comprehensive Plan, and going ahead with the guidelines discussed this evening. Leonard Zych made a motion to table Item #10, Updating of the Comprehensive Plan, and recommended starting the process discussed this evening for moving ahead with a 6-month guideline aimed toward completion of the Comprehensive Plan. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #11 GENERAL DISCUSSION Keith Van Dine: (a) Reported there are several more deep holes in the roads in the Schirmerville area and also the City skipped over some of the holes. Mr. Van Dine said he realizes the weather has been a big factor . Merwin Willman: (a) Noted that City Council amended the Garage Sale Ordinance and asked that the Commission be furnished copies of that amendment. -11- (b) Related- that at First Street and FM 78 there is a portable sign due for removal. (c) Asked the Commissioners if anyone had seen the new snow cone business. Steve Simonson: (a) Reminded the Commission of the memo in their packages from Leonard Truitt, City Inspector, containing updated information regarding letters sent out to renew home occupations and information on an RV located at 400 Pfeil. (b) Informed everyone the RTC sold Tri-County Business Park and so far everything appears to be positive. Jim Shriver• (a) Mentioned that on several occasions now someone has given the Commission a half hour speech on something not in Planning and Zoning's control. (b) Commented that on the map it shows Schertz has a Live Oak Blvd. and a Live Oak Rd., but the street signs don't indicate boulevard and road. Steve Simonson said there is a difference in that one of them is E. Live Oak Rd., but boulevard and road do need to be added to the street signs. Councilman Ken Greenwald: (a) Referred to Jim Shriver's statement about half hour speeches on something not in the Commission's control and suggested setting a time limit for people to speak. Jim Shriver observed we should be glad that at least they have a place to come and air their complaints. #12 ADJOIIRNMENT Chairman Andrews adjourned the meeting at 9:40 P.M. The ne<ct regularly scheduled meeting is June 9, 1992. -12-