10-25-1994 PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission conducted a public
hearing on Tuesday, October 25, 1994 at 7:00 p.m. in the
Municipal Complex conference room, 1400 Schertz Parkway,
Schertz, Texas. Those present were as follows:
PLANNING & ZONING COMMISSION OTHER PRESENT
PIA JARMAN, CHAIRMAN DENNIS FIGOL
DAVID RICHMOND, VICE-CHAIRMAN KEVIN SLOAN
MERWIN WILLMAN, SECRETARY
BOB ANDREWS
KEITH VAN DINE
TONY MORENO
COUNCILMAN KEN GREENWALD
CITY STAFF
STEVE SIMONSON, ASST. CITY MANAGER
NORMA ALTHOUSE, RECORDING SECRETARY
#1 CALL TO ORDER
Chairman Jarman called the meeting to order at 7:00 p.m.
There were only two citizens present, both of them on the
agenda, so the public hearing was held in the conference room
rather than the Council Chambers as originally posted in the
agenda.
#2 PUBLIC HEARING: To Receive Citizen Input on a Request
From Dennis and Dawna Figol of the Palms
Apartments for the Rezoning of
Approximately 2.41 Acres from R-2
(Single-Family Dwelling District) to R-4
(Apartment/Multi-Family Dwelling District
District) (ZC #115)
Chairman Jarman thanked the citizens for coming and explained
the procedures that would be followed in conducting the public
hearing. Mrs. Jarman then asked for Staff input. Steve
Simonson reported there were 5 letters sent to property owners
within 200 feet and there were no replies or no phone calls.
Dennis Figol was at the public hearing to represent the
rezoning request.
Tony Moreno questioned if there's going to be any new design of
FM 78 when it's widened and Steve Simonson answered the same
entrances will stay. Mr. Moreno indicated the entrances will
be closer to the road and Steve Simonson acknowledged that's
correct because the road will be widened. Mr. Moreno inquired
if the entrance between the doctor's office and the pharmacy is
the only ingress/egress and Steve Simonson replied it is the
only legal entrance.
Tony Moreno asked Dennis Figol if there are any plans for other
entrances and Mr. Figol indicated there is no other way in
unless Wuest Street is opened up again. Mr. Moreno questioned
how many residents there are in the Palms Apartments and Dennis
Figol replied there are 32 and they plan to add 6 more
apartments.
Chairman Jarman commented the issue here is to make the
apartments legal as R-4 because they are currently zoned R-2.
Steve Simonson added that was an oversight. They are
grandfathered for what is there now, but they can't build
any more without rezoning.
Chairman Jarman asked who owns the apartments and referred to
the application where it mentions Vera Sabo. Dennis Figol
explained that Vera Sabo was the owner before him and she
financed his purchase of the apartments. There was a brief
discussion between Mr. Figol and Bob Andrews about the type of
deed Mr. Figol has and it was determined it is a contract
deed.
David Richmond asked what changing the zoning to R-4 does to
the location that used to be a pharmacy. Steve Simonson
replied it does nothing.
#3 ADJOURNMENT OF PUBLIC HEARING
After stating that once the public hearing is closed, there
will be no further comments from the citizenry, that all
comments will be taken into consideration, and that the
Commission has 10 days to make a recommendation to City
Council, Chairman Jarman adjourned the public hearing at
7:10 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, Schertz, Texas. The
agenda is as follows:
#4 CALL TO ORDER
Chairman Jarman called the meeting to order at 7:11 p.m.
#5 APPROVAL OF MINUTES: Regular Session October 11, 1994
David Richmond pointed out that under City Staff in the heading
where it lists those who were present at the meeting, Steve
Simonson should be changed to Kerry Sweatt.
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Bob Andrews moved to approve the minutes, as amended, for the
Regular Session October 11, 1994. Tony Moreno seconded the
motion which carried with a unanimous vote.
#6 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none.
#7 CONSIDER AND MAKE RECOMMENDATION: ZC #115
Bob Andrews moved to recommend approval to City Council of the
request from Dennis and Dawna Figol of the Palms Apartments for
the, rezoning of approximately 2.41 acres from R-2
(Single-Family Dwelling District) to R-4 (Apartment/Multi-
Family Dwelling District District). Tony Moreno seconded the
motion which carried with a unanimous vote.
#8 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Scott
Felder Homes for Permission to Place Bandit
Signs Along FM 3009 (PC #220-94)
Kevin Sloan was at the meeting to represent this request.
Merwin Willman asked how many builders/developers we have now
putting signs out on the weekends. Steve Simonson replied we
have 1 builder (Dover) for Dove Meadows, 2 builders (U.S.
Homes and Buffington Homes) for Thistle Creek, the ones being
requested tonight by Scott Felder, and Ron Wood Homes that
needs to be brought into compliance.
Chairman Jarman questioned if Scott Felder Homes has received a
copy of our ordinance and was assured by Steve Simonson they
have. David Richmond wondered if we hold them to the same
stipulations as the others and require they come back in 6
months for an extension. Steve Simonson informed Mr. Richmond
it's not for bandit signs that we do that.
Kevin Sloan advised the Commission Scott Felder Homes will be
building two models behind the mobile home off FM 3009. That
particular section is designated as Deer Creek, Unit 2.
Tony Moreno moved to approve the request from Scott Felder
Homes for permission to place bandit signs along FM 3009.
Keith Van Dine seconded the motion. Before the vote, Bob
Andrews asked that a proviso be added to the motion requesting
Scott Felder Homes to furnish the City of Schertz with a point
of contact. The proviso was so added to the motion and the
vote was unanimous in favor.
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#9 CONSIDER AND TARE APPROPRIATE ACTION: Setting Up Proce-
dures and a Timetable to be Followed in the
Selection of a New Member to Fill a Vacancy
on the Commission
Chairman Jarman remarked it should be officially noted that
George Vick resigned from the Commission, effective September
27, 1994. Steve Simonson informed the Commission the City has
been distributing handouts at the drive-through window and at
the counter advertising the opening and there will be an
article in the Newsletter. Mr. Simonson then asked Norma
Althouse how many applicants we have interested in the position
and Mrs. Althouse replied there are currently 5 people
interested.
Chairman Jarman noted there is no cut-off date given in the
handout and Steve Simonson explained that is a standard form
and they don't want to have to make changes to it. Mervin
Willman asked when they're going to consider the applications
on file. Are they doing it tonight? Chairman Jarman suggested
closing it out on November 4th, reviewing applications at the
November 8th meeting and interviewing at the November 22nd
meeting.
Bob Andrews indicated there is nothing wrong with setting up
the interviews on the same agenda as when the applications are
reviewed. The packages are ready on Friday and that gives the
Commissioners the entire weekend through Tuesday to look over
the applications, and that should be plenty of time.
Steve Simonson mentioned that in the past there has been
available a list of questions to ask the applicants and it
would be a good idea to include a copy of that in the package.
Mervin Willman reminded the Commissioners the questions are
just examples, you don't have to stick strictly to them.
David Richmond suggested they press on and have the
applications included in the packages for the November 8th
meeting and interview also at that time. The Commission agreed
and Chairman Jarman requested that the interviewing of
applicants be placed on the agenda for November 8, 1994.
$10 INFORMAL REPORT: Summarization of the APA Conference by
Those Members Who Attended
Chairman Jarman, referring to the fact not everyone got to
attend the conference, remarked she felt those who did attend
could share some of the things they felt were most useful.
Mrs. Jarman, David Richmond, Tony Moreno and Steve Simonson
were those who attended.
Tony Moreno revealed that the short courses had a number of
good speakers, some of them members of the steering committee.
Mr. Moreno felt that Dick Little, head of the education
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foundation of the APA, was an especially interesting speaker.
Mr. Little gave an overview of what it was like when he was
the head of the Development Department for the City of Austin,
Texas. The growth of bureaucracy was so bad that ordinances
were being passed all the time and developers were having to
abide by them and that would set their projects back anywhere
from six months to a year. It got so bad that the legislature
had to pass a law forbidding that and saying that developers
were not bound by ordinances that cities were passing after
their projects had already been submitted.
Chairman Jarman stated this was the famous House Bill 4, but
she thought it didn't pass. Steve Simonson and Tony. Moreno
both agreed it passed, but they have been trying to repeal it
ever since.
David Richmond, noting he took exception to the fact the room
wasn't set up for short courses as well as Houston, related he
thought the most interesting part was the session with the
developers. Our Planning and Zoning is combined in Schertz,
__...but. --..-not necessarily elsewhere. Some of the Planning
Commissioners from other cities have no say so about the zoning
and developers in other cities have to contend with both
Planning and Zoning Boards. Mr. Richmond felt the lady
lawyer, Ms. Gilbert, was an outstanding speaker. She was very
knowledgeable and had a lot to offer.
Merwin Willman asked if anyone who attended looked into the
Poster Papers Program, but was told they didn't see the
program.
Steve Simonson found the Supreme Court rulings on Tiger (a city
in Oregon) versus Dolan (an auto parts store property that
wanted to expand next to a drainage canal) very interesting.
Tiger lost the case regarding the taking of land for
development. Oregon had all kinds of requirements for bike
trails, etc. and all Dolan wanted to do was extend their
building horizontally to the east and widen their parking lot.
There was a major road which dead-ended beyond their property.
The City of Tiger, to allow them to do that, wanted more
property for their drainage canal and Dolan gave them the land.
The City of Tiger then wanted to put in a 15' bikeway and Dolan
said no, there's no need for it. It went all the way to the
Supreme Court which ruled in favor of the Dolans.
Mr. Simonson, then referring to several cases in California,
said there is not an avalanche out there telling cities and
governments to curb property rights, but there is a movement
afoot regarding acquiring private property, what you demand,
and particularly what you demand from developers.
Tony Moreno thought the key word here was a "taking" and Steve
Simonson, admitting that's correct, added the important word
behind a "taking" is justification. Tiger could not justify
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that bike trail. Mr. Simonson mentioned, as far as
justification, the Commission may want to do further research
on their parkland ordinance.
Referring again to the lady lawyer, Ms. Gilbert, Chairman
Jarman commented she had mentioned that one big problem
developers have to deal with is arbitrary rules.
Mrs. Jarman read the following list of things, which according
to Ms. Gilbert, make a good Commissioner:
1. Do your homework;
2. Hear both sides of a presentation at the meeting/public
hearing - not ahead of time;
3. Stick to the issues;
4. Be present at public hearings and at regular meetings
because the quorum is important;
5. Be assertive - have the courage of your convictions; and,
6. Do not micromanage.
.---Chairman Jarman further related that Rose Jacobson, Director of
Planning and Development at Arlington, Texas, had a good idea
for public hearings - speaker cards, with names and addresses,
and the signing in both for and against an issue. Also, the
rules of procedure are given out ahead of time. Mervin Willman
expressed doubt about the need to be that formal.
David Richmond indicated we could be helped in our public
hearings by knowing who wants to speak. As it is now, we don't
know this ahead of time.
Chairman Jarman mentioned giving the list/speaker cards to the
person presiding. It never hurts to be prepared so the meeting
doesn't fall into chaos. Issues are getting more complicated.
Steve Simonson suggested having a sign up roster similar to the
one used by City Council. Everyone thought this was a good
idea and David Richmond pointed out we can ask them to declare
whether they are for or against an issue. Mervin Willman
explained that a public hearing is not so much for questions
and answers as it is for statements. A copy of the sign up
roster used by City Council will be included in the
Commissioners next packages.
#11 GENERAL DISCUSSION
Keith Van Dine:
(a) Stated he is happy about the fact that work is being done
on Pfeil Road.
(b) Related that several people have complained to him about
a couple of hog raisers in the area. Bob Andrews advised Mr.
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Van Dine to tell these people to check their deed restrictions.
One of the most common deed restrictions around here is the
prevention of hog farms.
Bob Andrews•
(a) Asked if there has been any word from Cottage Lifestyles
and was told by Steve Simonson there has not been. Mr.
Andrews mentioned this is the first time they had rezoned
property for someone who didn't own it. Mr. Simonson reminded
Mr. Andrews there is a six month timetable built into the
rezoning approval for Cottage Lifestyles. If nothing has
happened by the end of six months, the property can be rezoned
back to its original zoning.
(b) Inquired if there has been any progress on the apartments
being built by Joe Veytia. Steve Simonson said it is his
understanding they are working on an engineering proposal in
conjunction with an architectural plan to be presented to Mr.
Veytia.
Merwin Willman•
(a) Asked the status of the billboard up in Mobile Villa -
it's approximately 8' x 15'. Steve Simonson indicated he would
have to check it out.
(b) Wondered if the time isn't right for the City to appoint a
Parks and Recreation Commission and explained this Commission
could make recommendations on obtaining land for parks and on
spending money for parks.
Councilman Ken Greenwald noted we have 5-year plans from the
various Department Heads. Bob Andrews commented he thinks
there is a place in the front of the Comprehensive Plan where
it says the Commission will be given the budget on an annual
basis so they can compare budget figures with 3, 5 and 10 year
plans. There was discussion on this with not everyone agreeing
there's a statement in the Comprehensive Plan.
David Richmond:
(a) Asked about any update from HEB, but was told there is
none.
(b) Reported he was delighted to see City Council ban smoking
in the conference room during workshop sessions and recommended
the Commission take similar action regarding its meetings
before we bring in any new members. Keith Van Dine agreed to a
compromise - he wants smoke breaks. It was agreed that could
be arranged. The City Council had agreed to a similar
arrangement if necessary.
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Councilman Greenwald:
(a) Informed everyone they will see a lot of information put
forth in the next several months about recycling because it is
scheduled to start in January. The money made from recycling
comes back to the City and Mr. Greenwald admitted he thinks
Mr. Harris may have the right idea about the money - put it in
savings for a year until we see what we need.
(b) Reported he and Mr. Sweatt and Mr. Bierschwale attended a
GBRA (Guadalupe Blanco River Authority) meeting on 10-24-94 and
discussed water. We are part of the Canyon Regional Water
Authority and are seriously considering buying water
individually. One suggestion was to turn water over to New
Braunfels and have them treat it at their plant and then bring
it down IH-35 where there are water mains already. Mr.
Greenwald stated we are trying to keep as many options open as
possible. The big metro line coming out of Lake Dunlap will be
a while yet. Mr. Greenwald feels we can't wait, we need to
secure our water rights as soon as possible. We are going to
- . -look at doing a water study for the region with the help of
GBRA. There will be cities wanting to participate and there is
money available from the state to do a study. A meeting has
been tentatively scheduled by City Council on the subject of
water rights and they will be letting the Commission know the
particulars.
(c) Brought up the proposed 1/2 cent sales tax increase and
the possibility of putting it to a vote in January. The City
needs to get the information out. The article in last
Wednesday's Sun was very good. The state law is very specific
about what you can do with the money.
(d) Also mentioned the bond issue and pointed out that the
Municipal Complex, the Fire Department building and the SAFES
building all are experiencing cramped conditions. A lot of the
rules for juveniles have changed and the Police Department is
not adequate. A citizens committee will study and review the
situation. We're probably looking in the two million dollar
range.
Mr. Greenwald reminded the Commission the sales tax election
can only be held on one of four specific dates, but the bond
issue election can be held anytime. Statistics show that more
than 50~ of sales tax comes from non-City citizens.
Steve Simonson:
(a) Related he had a call from the engineer for Barshop
Enterprises about two acres of property south of HEB on FM
3009. What they are interested in locating there he has no
idea.
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(b) Brought a map showing Schertz before the development of
areas like Woodland Oaks, Savannah Square, Greenshire Oaks,
Greenshire, Silvertree and Dove Meadows. Mr. Simonson told
the Commission they're looking at a 10-11 year time span. This
was to point out it takes time to grow, and in the overall
scheme of time, we've grown rapidly.
Chairman Jarman:
Cited September 30th correspondence from City Manager, Kerry
Sweatt, asking the Commission for review and comments on an
article in Public Management Magazine about sustainable
development. Mrs. Jarman indicated the Commission should
probably schedule this for the next time so they can prepare an
answer. Steve Simonson acknowledged he had responded to Mr.
Sweatt with a letter and will be glad to provide the Commission
with a copy, then they can throw it out there for discussion
and come up with their own response.
Before adjournment, David Richmond showed the Commissioners an
article he had cut out of the Express News about San Antonio
sign proposals.
#12 ADJOURNMENT
Bob Andrews moved to adjourn the meeting and Keith Van Dine
seconded the motion which carried with a unanimous vote. The
meeting was adjourned by Chairman Jarman at 8:43 p.m.
The next regularly scheduled meeting is November 8, 1994.
Chairma , Planning and Zoning Commission
City Schertz, Texas
ATTEST:
l.J~y-~,~r~k1'~~LS~-
Planning Secretary
City of Schertz, Texas
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