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08-11-1992 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, August 11, 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 C.E. STONE KEITH VAN DINE, SECRETARY ANN STONE MERWIN WILLMAN GEORGE VICK CITY STAFF BOBBIE VONADA LEONARD ZYCH STEVE SIMONSON, KEN GREENWALD, COUNCILMAN ASST. CITY MANAGER NORMA ALTHOUSE, MEMBERS ABSENT RECORDING SECRETARY JIM SHRIVER, VICE-CHAIRMAN #1 CALL TO ORDER Chairman Andrews called the meeting to order at .7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session July~28, 1992 Bobbie Vonada pointed out that in the first line of .the last paragraph on page 2, the spelling of the word "Councilman" is incorrect. George Vick made a motion to approve the minutes, as amended, for the regular session July 28, 1992. Leonard Zych 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: Increase in Capital Recovery Fee for Sewer Chairman Andrews asked Steve Simonson if he had a briefing for the Commission on this item. Mr. Simonson informed the Commission the suggested increase in the Capital Recovery Fee for-sewer from $650.00 to $1135.00 is a direct result of the CCMA increase from $500.00 to $985.00. The City currently collects $150.00 over and above the connection fee and uses it for capital recovery projects. This $150.00 amount will stay the same. Mr. Simonson reminded the Commission this has to be done prior to October 1, 1992 for the City to continue to operate and collect user fees to operate. George Vick commented he thought the City was going to try and prevent this increase from happening. Steve Simonson remarked the City had written several letters, - but to no avail, and CCMA was quite adamant about getting the increase. Leonard Zych wondered why the increase is so steep.. Steve Simonson explained that the City had several questions about the calculations CCMA used to go before the Public Utilities Commission (PUC) and request the increase, but the PUC authorized the request and since CCMA is a separate entity, the City has no choice. Leonard Zych questioned what the fee is based on and Steve Simonson replied it is based on a new connection. Leonard Zych then asked why the City doesn't raise their fee also and Steve Simonson explained that the City feels the money they are collecting currently is adequate for capital recovery projects. Chairman Andrews related that the Capital Recovery Fee is based on construction of riew lines only and at the end of a given period of time, you must go back and reevaluate to see what did and did not cost, and if it is above 10~ you have to refund everyone you charged. This process is continually monitored. Keith Van Dine made a motion to recommend to City Council approval of an increase in the Capital Recovery Fee for sewer from $650.00 to $1135.00 as a direct result of the $485.00 increase .in CCMA's fee. George Vick seconded the motion. Before the vote, Merwin Willman asked for clarification of exactly what was being voted on and after it was explained to his satisfaction, the vote was taken. The vote was unanimous in favor. Motion carried. #5 CONSIDER AND MARE RECOMMENDATION: Request from Jane and Mike DuPlantis, Owners of Goofy Golf and Batter Up, to Maintain a Non-Conforming Sign at the Corner of FM 1518 and Oak Street. Jane and Mike DuPlantis were not present at the meeting. Chairman Andrews advised the Commission this item had been tabled previously, allowing time to determine the owner of the sign. Mr. Andrews mentioned the letter in the package from George Barnard pertaining to ownership of the sign. -2- In his letter, George Barnard indicated the sign had been given to him as owner of Batter's Up by the developer of-the new home subdivision beyond .Marilyn Street. Mr. Barnard said the ownership of the sign then passed to Mr. John Erb when he purchased Batter's Up. Mr. Barnard. went on to say the ownership and maintenance of the sign was recently assigned to the new owner, Mike DuPlantis. Steve Simonson commented he had sent a letter to the DuPlantis' on August 6th inviting them to tonight's meeting and the City Inspector had spoken with them and invited them personally to the meeting, so he doesn't know why they're not present. He hasn't had any communication with them. Merwin Willman acknowledged he had been the one to recommend tabling this item until they found out who actually owns the sign. Mr. Willman said he has been attending City Council meetings for twenty years and this has come up 4.or 5 times now because they wanted the sign painted and brought up to date, but didn't know who owns it. Now is the time to find out who owns the sign. Mr. Willman stated he has several questions regarding George Barnard's letter. In the letter it says Mr. Barnard was given the sign by the developer of the new subdivision beyond Marilyn Street. Mr. Willman concluded this had to be Parkland Subdivision, but it is 7 or 8 blocks away from the location of the sign. Mr. Willman said, if he remembers correctly,- the property became a park in 1972-73 and the land at that time was owned by Mr. Schertz. Mr. Willman indicated he thinks it's logical the sign should have belonged then to Mr. Schertz and he doesn't know how George Barnard had it given to him - he should have something in writing. Merwin Willman continued on saying the condition of the sign is a big concern and he would like to recommend to City Council that the sign be removed. Leonard Zych voiced objections to the sign saying that mixing private business with City business is an unwise policy. Mr. Zych also pointed out that the sign is junky, hard to read and not maintained, and questioned why the City would endorse private business and allow them to trespass on its fine park. Chairman Andrews commented, that in his opinion, the owner of the land owns the sign, therefore the City owns the sign. The Commission tended to agree with this opinion. Mr. Andrews went on to say the City needs to determine if the sign will be utilized, who will utilize it, how it will be utilized, and for how long. Just as with other businesses who lease signs, if the City wishes to have the sign utilized and not removed, then they need to draw up a contract with the -3- person utilizing the sign. Keith Van Dine indicated his agreement with Mervin Willman that the sign needs to be removed. If, however, City Council does not wish to have it removed, then Mr. Van Dine said he doesn't know if it's legal to mix City business with private business. Is there anything written? Mr. Van Dine remarked if there's. something written that makes it legal, then he doesn't know what can be done about it. George Vick made a motion saying since it is the consensus of the Commission that the City owns the land where the Goofy Golf sign is located at the corner of FM 1518 and Oak Street and therefore owns the sign, the Commission recommends removal of the sign unless Council sees fit to develop a contract for leasing it. Should Council see fit to develop a contract, it is recommended this contract stipulate .who may utilize. the sign, what specific period of time the sign will be allowed to be utilized, and how the sign will be maintained. Mervin Willman seconded the motion and the vote was as follows: AYES: B. Andrews, K. Van Dine, M. Willman, G. Vick, B. Vonada NAYS: L. Zych ABSTENTIONS: None Motion carried. #6 CONSIDER AND TARE APPROPRIATE ACTION: Request for Final Plat Approval - Cal Stone Subdivision (PC #179-92) C.E. and Ann Stone were at the meeting to represent this request. Steve Simonson informed the Commission the preliminary plat was approved at the last meeting and there have been no changes to it. Mr. Simonson stated he has been working with Charlene Latz concerning the easement. Ms. Latz found that the easement was put on by the Beck family and they have no claim to it, so she will have it removed from the plat at a later date. Ms. Latz is requesting the plat move forward as is. Bobbie Vonada wondered if there is any problem with having the drainage easement on the plat and Steve Simonson replied no, that's why it's on there - so there won't be a problem. George Vick asked if the drainage easement goes on through because it appears to stop at the dotted line. Steve Simonson apologized to the Commission saying it goes on through Savannah Square all the way to FM 3009. That was a correction from the preliminary plat and he should have made them copies. -4- Merwin Willman referred to the Subdivision Ordinance, Article II, Section 16.2, Paragraphs f. and g. saying there should be two statements on the plat. One should say the subdivision will be served by potable water and the other should say which kind of sewage collection system will serve the subdivision. Steve Simonson noted they have not been putting these statements on plats, but he can request they be put on the final plat of this subdivision. C.E. Stone reported there is City water on Lot 1 and the tap has been made for the other lots. Steve Simonson advised this land is far enough back they don't have to connect with the sewer system, but they will be serviced by a septic tank. Bobbie Vonada made a motion to approve the final plat of the Cal Stone Subdivision providing the statement that the subdivision will be served by potable water and the statement the. subdivision will be served by septic tank are added to the plat. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion Regarding Correction of an Oversight Along the Boundary Between Savannah Square and Deerhaven (A) Vacate and Replat the Buffer Zone from a 38.5' Drainage Easement to a 38.5' Drainage Right-of-Way (B) Reduce the Requirement for a 60' Rear Yard Setback Chairman Andrews reminded the Commission they have a letter in their package from Merwin Willman on this subject. Mr. Willman indicated he had nothing to add except he feels it is an injustice to the property owners paying tax on property they can't do anything with. Mr. Willman commented the 38.5' drainage easement should have been a 38.5' right-of-way .in the first place and then there wouldn't be a problem. Merwin Willman further stated that not only was the 38.5' drainage easement platted, there was also a 12' utility easement and a 60' rear yard setback. The 60' rear yard setback was .one of the conditions agreed to by the developer and some of the residents of Deerhaven. Mr. Willman said in .his opinion this is excessive and places a hardship on the homeowners - the 38.5' drainage easement and the 12' utility easement should be quite sufficient of a buffer between the two subdivisions. The Commission discussed this item bringing up such details as where the existing rear fence line is, why this change is even -5- ` . being. considered (is it strictly just a word change?), and the possibility, should this change become a reality, of property owners coming to the City for back revenue on their taxes. Merwin Willman stressed that an error was made in the plat approval process and it should be corrected. Leonard Zych remarked it seems silly to stir the pot and Keith Van Dine expressed the opinion we should just let sleeping dogs lie. George Vick commented he doesn't think an error was made - the developer made a agreement with the City and with some of the residents of Deerhaven. Chairman Andrews posed the question of-where we go from here and admitted yes, an error was made, but it will be a graver error to correct it. If it causes a problem in the future, then it needs to be corrected, but Mr. Andrews doesn't foresee a problem in the future. After considering the opinion of the majority of the members of the Commission, Merwin Willman made a motion to take no action on Item #7, Discussion Regarding Correction of an Oversight Along the Boundary Between Savannah Square and Deerhaven. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #8 GENERAL DISCUSSION GeorcTe Vick (a) Reported that on the corner of Colony and Pecan, when you're .coming from Colony onto Pecan, you have to drive around a big bush. Is there anything that can be done? Steve Simonson replied that's a line of sight violation and he will have the inspectors look into it. (b) Commented that across from his house on Marilyn where a road ends, the water standing there is like a lake. Can the City plow the land or something to help this situation? Steve Simonson explained that the owner of the land doesn't want the City on his property. Keith Van Dine• (a) Informed Steve Simonson there's a new Schlitterbahn billboard up by Shady Acres on the feeder road. Do they have to have permission to do this? Steve Simonson replied they would have to have Department of Highway. permits and permission from the City and he will check on it. -6- (b) Indicated there's seems to be some confusion on the part of one of the Schertz police officers about whether or not Shady Acres is in the City of Schertz. Steve Simonson guaranteed Mr. Van Dine that Shady Acres is in the Schertz City limits. (c) Mentioned once again that the roads in the Schirmerville area are in need of repair. Steve Simonson said the City is aware of that fact and also informed the Commission that every bit of the CBDG money was thrown out. Councilman Ken Greenwald: (a) Advised that the first meeting of the Christmas Decorating Committee was held today and if anyone is interested, or knows of someone who may be interested, in joining the committee, offering suggestions or making donations, please tell Steve Simonson. Steve Simonson: (a) Reminded the Commissioners of the invitation in their packages to the next San Antonio Section APA luncheon on August 25th. San Antonio's Master Plan will be discussed by a panel featuring, among others, Mayor Nelson Wolf and City Manager Alex Briseno. Mr. Simonson suggested as many plan to attend as possible. (b) Told the Commissioners it is imperative they let him or Norma Althouse know who is planning on attending the APA Conference so they can make reservations and register early enough to get good rooms and save money. Chairman Andrews: (a) Wondered if they need to specify, by name, new members to the Capital Recovery Committee. There have been some changes in membership on the Commission since the original Committee was formed and he thinks rather than being listed as the Planning and Zoning Commission, each person's name was individually specified. #9 ADJOURNMENT Chairman Andrews adjourned the meeting at 7:54 P.M. The next regularly scheduled meeting is August 25, 1992. -7-