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03-28-1989 r, PLANNING AND ZONING MINOTES The Schertz Planning and Zoning Commission convened in a regular .session on Tuesday, March 28:, 1989 at 7:00 P.M. i:n the Municipal Complex Conference Room, 1400 Schertz Parkway.. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN JIM SE-~RIVER, SCHERTZ MARY MARSH, VICE-CHAIRMAN BUSINESS CLUB KEITH VAN DINE, SECRETARY ~ NOLAN EDWARDS, VFW MERWIN WILLMAN ~ R.D. RICHERSON, VFW BOB ANDREWS AATNE CORMAN, HOMESTEADERS GEORGE VICK ARTS & CRAFTS JOE POTEMPA EARL W. SAWYER MEMBERS ABSENT CITY STAFF KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER NORMA P.LTHOUSE, - ~ RECORDING SECY. #1 CALL TO ORDER Chairman Brisgill called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session March 14, 1989 Bob Andrews noted that on Page 11, Paragraph 7, under item (c) Schertz police officer should be changed to read "Selma" pence officer . Merwin Willman made a motion to approve the minutes, as amended, for the regular session March 14, 1989. Mary Marsh seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS Jim Shriver, Schertz Business Club, had a few comments. First, by next week a report should be available on the business input to the Sign Ordinance. Second, when he approached the personnel at the Cibolo Creek Pharmacy about joining the Schertz Business Club, he happen to mention the widening of FM 78 and discovered they were unaware of any such plan. #4.~ CONSIDER AND TAKE APPROPRIATE ACTION: Request from the VFW for an .Exception to 5ign~ Ordinance 86-S=28 Permitting a Second Free-Standing Sign at 1000 _ - ~ FM 78 - _ Nolan Edwards and R.D. Richerson were at the meeting to represent this. request. - Chairman Brisgill asked for Staff input. Steve Simonson informed the Commission his comments about this {on-the memo in their packages) are pertinent. Mr. Simonson said the-VFW is requesting one additional free-standing sign -and it appears if FM 78 is widened in the future, the sign would not be in the right-of-way. George Vick, remarking on two pecan trees at the VFW, said in his opinion when the trees are in full bloom they will make the sign useless. Mr. Vick was assured by the gentlemen from the VFW that the pecan trees will not interfere with the sign. R.D. Richerson explained that this sign is naw a portable sign and they are wanting to make it permanent by anchoring it. Mr. Richerson went on to say the the VFW Post name will not appear on the. sign. It will be used for the purpose of advertising the functions of non-profit organizations. Chairman Brisgill asked if the sign will be 4' x S' ~~nd _._questioned how high it will be. R.D. Richerson replied it r,;~ill be the standard size sign and will stay where it is - in the front by the flagpole. Chairman Brisgill then asked about other advertising on the sign aside from non-prcfit organization functions, and Mr. Richerson emphasized it will be used only for advertisement of functions for non-profit organizations. Mr. Richerson did indicate the VFW is a non-profit organization and they have a monthly breakfast which will be advertised on the sign. Bob Andrews questioned the proposed usage and/or elimination of the VFW`s other sign and pointed out he thought it had a message board.. Nolan Edwards commented that putting messages on the other sign would be too inconvenient and reiterated that the sign they are requesting would be used only for advertisement of community non-profit organization functions. Mary Marsh said she did not think Bob Andrews' question had been answered. Nolan Edwards stated the other sign is too far out of the way and would be too expensive because they would have to have. a ladder and a pick-up to change the messages. Furthermore, the VFW wants to keep the other sign as theirs and use that which is now a portable sign strictly to advertise non-profit organization functions. Mary Marsh wondered if they had ever considered eliminating the out of the way sign and extending the portable sign. Mr. Edwards stressed that making the .portable sign a permanent sign .is a very _ inexpensive way for the VFW to go. -2- Bob Andrews, saying he had just had-his sign at Mary`s Little Lambs Day Care refurbished and lowered, told Nolan Edwards it could be done for as.law as $600. Chairman 'Brisgill suggested, since we. are currently working with" the Business Club on the Sign Ordinance, maybe it would be better to. table this item until we get the feedback from the business-es. Chairman Brisgill, noting that it will probably be a couple of months before a new Sign Ordinance is ready, asked if the VFW has any upcoming events listed. R.D. Richerson answered they. have a Jamboree on April 2nd and a breakfast on April 15th. Bob Andrews asked how long they have had the portable sign and was informed they have had it for approximately six months. Chairman Brisgill asked if the Commission should allow an exception on use of the portable sign for special events. George Vick commented surely the Sign Ordinance would be ready by June. George Vick made a motion to grant an excepticn to the VI'W allowing there tempcrary use of the present portable sign to advertise special events in April. Mary Marsh seconded the motion. Before a vote was taken, Keith Van Dine indicated, as a point of order, that the specific request from the VFW should be addressed first. Bob Andrews made a motion to table the request from the VFW for an exception to Sign Ordinance 86-5-28, permitting a second"free- standing sign at 1000 FM 78, until the Commission had has an opportunity to review the results of the feedback on the Sign Ordinance from the businesses. Merwin TnTillman seconded the motion and the vote was unanimous in favor. Motion carried. Mary Marsh, referring back to George Vick's motion, suggested Mr. Vicl~ amend his original motion and say to grant an exception to the VFW allowing them use of the present portable sign to advertise special events until such time as the new Sign Ordinance is approved. George Vick amended his original motion, which Mary Marsh had seconded, and the vote was as follows: AYES: T. Brisgill, M. Marsh, K. Van Dine, M. Willman, G. Vick, J. Potempa. NAYS: B..Andrews _ _ _ ABSTENTIONS: None - - - - - - . _ - -_3= - - Motion carried.- #5 CONSIDER AND MAKE RECOMMENDATION: Request from Earl 'W. Sawyer for an Exception to the Side Yard - Setback at 512 Aviation .Earl Sawyer was at the meeting to represent: this request.. Chairman Brisgill asked for Staff input. Steve Simonson informed the Commission his comments {on the memo iri the P&Z packages) should stand the way they are. The required side yard setback far an R-2 District is a minimum of 7' on one side and Mr. Sawyer is requesting an exception of approximately 6 and 1/2 feet. Mr. Simonson told the Commission this is an exception to the Zoning Ordinance and will be required to go through all the standard procedures of a public hearing. Mr. Simonson further stated it is his recommendation this item be recommended to City Council to be scheduled for a public hearing. Earl Sawyer stated he didn't realize at first this was a zoning change and -asked what kind of time frame is involved. Steve Simonson replied probably sometime in April at the earliest. There was a brief discussion on the Zoning Ordinance as it pertains to this situation and how it was written to protect houses in other areas and to allow people in Aviation Heights to have carports. Merwin Willman remarked that the carport section of the Zoning Ordinance was established in the early 1970's. Mr. Willman went on to say in the early 1970's Urban Renewal discovered that a large number cf the homes in Aviation Heights had garages too small for modern cars. Bab Andrews made a mation to recommend to City Council that the request from Earl W. Sawyer for an exception to the side yard setback at 512 Aviation be scheduled for a public hearing. Before the motion was seconded, Joe Potempa asked to clarify a point. Mr. Potempa wanted to know if the Commission hadn't, several months ago, granted a setback exception, without having a public hearing, to a gentleman who was building a carport. Bob Andrews replied yes, it was Billy Linehan on Brooks Avenue. Steve Simonson said the Commission had granted an exception to Mr. Linehan, but they were in error and should have recommended a public hearing for that request also. Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. -4- - After the vote,-Earl Sawyer suggested the Commission take a look at the ordinance to see if it should be changed and/or updated. Bob Andrews suggested that maybe the City Council might look at giving more power to Planning and Zoning on requests like these as far as what they can and cannot approve without a -public hearing. - Merwin Willman was quick to point out the state law which specifies that only elected officials (City Council) are allowed to grant an eYCeption to the Zoning Ordinance. n6 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Anne Corman, on Behalf of Homesteader's Arts & Crafts, to Place a Portable Sign at FM 78 and Jacl~ Hays Blvd. and at IH-35 and Jack Hays Blvd. April 28 through May 8; Alsc One L'ollow- Me Sign at Intersection of Jack Hays Blvd. and Savannah Drive and a Banner on the Railing in Front of the Model Homes on Wm. Scarbrough Anne Corman was at the meeting to represent this request. Chairman Brisgill asked for Staff input. . Steve Simonson reported no additional comments to those he had included in the Commission's packages. As the memo in the package had stated, this is the standard request the Eiomesteaders have made far their past two shows and they have been pretty true to their word about how many signs they will put out and where they will be placed. Anne Corman commented the Homesteaders have been pleased with the response to their arts and crafts shows in Schertz. Bob Andrews questioned how often they hold a show and Anne Corman replied they have three a year - one in May, one in October and one Thanksgiving weekend. Ms. Corman did point out they don't always hold all three shows in the same area. Mary Marsh made a motion to approve the request from Anne Corman, on behalf of Homesteader's Arts & Crafts, to place a pcrtable sign at FM 78 and Jack Hays Blvd. and at IH-35 and Jack Hays Blvd. April 28 through May 8, one Follow-Me Sign at intersection of Jack Hays Blvd. and Savannah Drive, and a banner on the railing in front of the model homes on Wm. Scarbrough. Joe Potempa seconded the motion and the vote was as follows: AYES: T. Brisgill, M. Marsh, K. Van Dine, B. Andrews, G. Vick, J. Potempa _ _ NAYS: M. Willman _ - ABSTENTIONS: None - - - _ _ -5- - - - Motion carried. After the. vote, Joe Potempa asked Merwin Willman why he voted against it. Mr. Willman responded 'by saying there are other organizations in the City that sponsor successful activities. without the benefit of as many signs. ~7 CONSIDER AND NdAKE RECONII~IENDATION: Amendment to Zoning Ordinance 87-5-1 Regarding Fence Regulations Chairman Brisgill asked for Staff input. Steve Simonson related tc the Commission that Don Brodeur of the inspection Department has asked them to consider addressing a maximum fence height in residential areas and the use of barbed wire fence in the City. Mr. Brodeur encountered some requests for fences higher than usual and discovered someone who had used barbed wire fence within the City. Mr. Simonson acknowledged that even though barbed wire is not appropriate for fencing in the City, the ordinance does not say you can`t use it and the ordinance does not establish a max_ir:um height for fences in residential areas. Merwin GvTillman observed that when the Staff presents a recommendation, they should specify any problems that have prompted the making of such a recommendation. George Vick commented he can see the prohibiting of barbed wire fence, but asked what the problem is with height. Mary Marsh asked what if someone wants a ten-foot fence - what will it look like aesthetically? Mrs. Mar di felt the ordinance needs to define a maximum fence height. Chairman Brisgill, based on his .experience while living in other states, reminded the Commission that if they look at new housing developments, normally they will see six-foot privacy fences. Mr. Brisgill said you need uniformity, there must be some reason subdivisions like Woodland Oaks and Savannah Square have six- foot privacy fences. Joe Potempa indicated that as long as the front fences are uniform in height he doesn't care about the back. Keith Van Dine was in favor of total uniformity. George Vick expressed the need for the ordinance to be specific. Bob•Andrews agreed with prohibiting hazardous wiring for fences, _ but not . on a specific height for all fences.. Mr. Andrews feels • .that if you limit it to a specific- .height, = then there wit-1 be requests. for .variances because of the topography of the ~ land, _ -6- etc. Bob Andrews questioned they frequency with which the Inspection Department has had requests for higher than usua l fences. Steve Simonson mentioned that more and more ordinances are being challenged today. Bob Andrews noted that in the past the inspectors have been given. some latitude, for example, on the placement of utility buildings in a mobile home park. Instead of a specific fence height, Mr. A:idrews suggested giving the inspectors the same latitude in this situation. Steve Simonson pointed out that parameters to work within were given the inspectors'for placement of utility buildings in a mobile home park, thereby permitting them tc make their decision within the confines of the ordinance. A poll of the Commissioners was taken to determine how they felt on the issue of a specific fence height in residential areas. Three preferred an 8' maximum height, 1 said 8' is fine but there could be exceptions where a 10' fence is necessary, two preferred 5' and one had no preference. i~erwin ~^illman had suggested they check around and see what ether cities have in their ordinances regarding fences in residential areas. Steve Simonson said the Staff will do some checking and come up with a written recommendation. Mary Marsh made a motion to recommend to Steve Simonson that Staff members investigate other cities' ordinances regarding fences in residential areas and then come back to Planning and Zoning with their recommended changes. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. Bab Andrews expressed his appreciation for all the Staff input to the ordinances. #8 CONSIDER AND MAKE RECOMMENDATION: Discussion Regarding Name Change for Section of Binz-Engleman Road The Commission is considering a name change for a section of Binz-Engleman Road that goes up to Ware Seguin Road. Chairman Brisgill had requested, at the March 14th meeting, that this item be placed on the agenda. Chairman Brisgill asked if there had been .-any additional input from the property owners effected by this proposed change. and - Steve Simonson replied no there had not. . _ 7- Merwin Willman asked if this proposal had been presented- to the Shirmerville area residents at the their homeowners' association (Southeast Randolph Property Owners) meeting. Keith Van Dine said not it had not, but they- have a meeting in April. Bob Andrews made a motion to`table Item ~8 (Discussion.Regarding Name Change for Section of Binz-Engleman Road) until Keith Van Dine has had an opportunity to present the idea to the Schirmerville area residents at .their April meeting. Mary Marsh seconded the motion and the vcte was unanimous in favor. Motion carried. ~9 CONSiDE?~ 1~ND N~AKE REC(?MN~NDATION: Discussion an Passible Annexation of Open Areas of IH-35 Steve Simonson advised the members that annexation is a purview of City Council, but he thinks as a Planning Commission it would be good for them to recommend to Council areas for possible annexation. Mr. Simonson specified two particular areas along IH-35, saying they could be annexed without effecting City services. First, the blank areas between Wiederstein Road and FM 110 on tl:e east side of IH-35 and second, the blank areas from Friesenhar~n Lane going south a little past FM 2252 on the west side of IH-35. There was discussion on city limits, ETJ's, water lines, sewer, and improvements to IH-35. Mary Marsh stressed the need to give the annexation of these areas serious consideraticn because Schertz must lcok to the future and the development of the San Antonio-Austin Corridor. Chairman Brisgill asked if these areas are within the City's 5% and was informed they are. Steve Simonson said he knows of two areas presently discussing the possibility of annexation into Schertz - Northcliffe and Schaefer Road. George Vick advocated getting something in the records to prove that Schertz is looking to the future, otherwise if we are challenged. in court, our case will be weakened. Steve Simonson noted that for planning purposes it wouldn't hurt to look at annexing some areas. Mr. Simonson agreed with George Vick in that looking to the future holds you iri good favor with .the courts. - - Merwin Wil-lman commented he's fairly sure that when an area is _ -annexed, the _City must establish a three year plan far that. area. - 8- A consensus of the Commission was favorable toward recommending annexation of the two areas suggested by Steve Simonson. Mary Marsh made a motion to recommend Steve Simonson draw up something specific on the two areas and present it to Planning .and Zoning for review arid-possible recommendation to City Council for proposed annexation. Steve Simonson indicated he would like to draw up something together with ether members of the Staff and tl~en bring it to Planning and Zoning so they can go over it tcgether and make their recommendations. Mark= Marsh changed her motion to include "Steve Simonson tcgether with the Staff". Bob Andrews seconded the oration and the vote was unanimous in favor. Motion carried. Mervin Willman reminded the Commission Steve Simonson had given them copies, in the past, of the state law on annexation and they need to look it over. rr1Q GEP3E~tAL DT~SCUSSION Keith Van Dine brought up the following: (a) Asked if the City is in the business of s~Iling water and was informed by Steve Simonson they= are. Mr. Van Dine said every fire hydrant in his area has a water meter on it and asked why and who we're selling water to. Steve Simonson replied to contractors. Mr. Van Dine said a property owner told him that an area close to Schertz, still in San Antonio, had been refused water service by San Antonio and they are buying their water from Schertz. Mr. Van Dine wanted tc know if Schertz has gctten into a business like that. (Steve Simonson answered that he did not know and would have to check on it - perhaps a contractor is selling them water. Mayor Sawyer added that it is illegal for a resident to sell water.) (b) The gravel trucks are still tearing up.Pfeil Road. (Steve Simonson remarked City Council has before them a proposal for a weight limit on the road and the Highway Department has said they will work with the City and the contractor to try and resolve the situation.) (c) The house out on FM 1518 that was just moved in - did they obtain permits? (Steve Simonson replied yes they did.) (d) Referring back to the request from Earl Sawyer, asked -why - when a precedent is set (the case of Bi11y.Linehan being granted _ _an e-xception to the. setback requirement) you- cannot-grant an - exception again and then-adjust the ordinance. - -9- Ty Brisgill pointed out it is not legal to do it that way. Merwin Willman stated just because, you've made a mistake once, you don't compound it by doing it again - it is a violation of the state law for Planning and Zoning to grant an exception to the Zoning Ordin°ance: Bob Andrews remarked on the request; sometime back, from Vaughan Homes for an exception to the setback requirement and how, even though Planning and Zoning had granted such requests in the past, it was explained to Mr. Vaughan we were in error and the only ones with the authority tc grant an exception to the Zoning Ordinance are City Council members. Steve Simonson related that the key to all court cases involving Planning and Zoning is consistency. Keith Van Dine commented that "acting in good faith" could save a case for Planning and Zoning. Chairman Brisgill told Mr. Van Dine the Commission needs to abide by the Zoning Ordinance. Merwin GJillman n:zted that the Zoning Ordinance is pretty much a repeat of state law. Bcb Andrews said he had been informed by the City's attorney that the Zoning Ordinance is passed and signed by elected officials and only those elected officials have the authority to grant an exception to the Zoning Ordinance. N?erwin Willman referred to the Article on Amendments, Section 2.2.2 of the Zoning Ordinance where it lists the four conditions that must be met to apply for an exception to the ordinance. Bob Andrews explained that the four conditions- should be listed on the request form so the individual is aware of them when applying for the exception. Joe Potempa brought up the fallowing: (a) At Jack Hays Blvd. and IH-35, when construction starts - will there be traffic lights? Steve Simonson replied there will be. Mr. Simonson informed the Commission he and. Mr. Sweatt have met with the Highway Department, both San Antonio and New Braunfels, informed them of Schertz's problems, and asked them for several items one of which is a way of announcing Schertz Parkway, and also some means of making it possible for people-taking the exit off IH-35 to Jack Hays Boulevard to be able to turn right toward .Garden Ridge Pottery. _ ( b ) On FM 1510 f rom -Selma- ci-tg- -1 imits to Schertz city 1 imits - - - - does that belong=to Universal City? (Steve Simonson replied it's _ -10- - i in Universal City's ETJ.) Mr. Potempa.then asked if anything's going to be worked out between Universal City and Schertz to let Schertz get that area. (Mayor Sawyer .commented they won't dicker with Schertz, they want us to trade Selma for IH-35 frontage and we won`t do it.) (c) Is anything being done about the illegal dumping on 13th Raw? (Steve Simonson said there is alsa a problem with illegal dumping in the Graytown and Weichold Road area. Mr. Simonson plans on writing up something and presenting it to Mr. Sweatt.) George Vick brought up the following: (a) At the end of Randolph and Marilyn there is a hcle being created in the pavement. (Steve Simonson said he will check into 3 t . ) (b) At corner cf Randolph and Maple there's a house with tree trimmings up against the fence and they have been there for several months now. (Steve Simonson said he will check on it.) (c) The road into Windy Meadow Mobile Home Park is becoming a tractor/trailer haven. C'_zairman Brisgill remarked that according to the ordinance you cannot par) a tractor/trailer on a City street and told Gecrge Vick he shculd call the Pclice Department when he sees this violation. (d) Asked if the Water Department people will clear out the damn at the street cut on Marilyn. (Steve Simonson said yes they will, but they are still working in the area.) (e) tn7hat`s going in nett to Jack-in-the-Box? (Mr. Vick was informed it is an RV parking area.) (f> Asked about parking RV`s in Pecan Grove Mobile Home Park and said they are still advertising RV s. (Steve Simonson said this a side of Cibolo Creek, in Guadalupe County, has been used as a combination since they built it and continues to be used as a combination. Mr. Simonson further stated the ordinance clearly states you cannot intermix RV`s and Mobile Homes and the City was hoping to get a designated area within Pecan Grove for the parking of RV's.) Mayor Sawyer added that those RV's in Pecan Grove were probably grandfathered when the ordinance was passed, but if they ever stop parking there, then the .City can prevent them from starting up again. Merwin Willman-brought up the following: - (a) Noticed on the Guidelines for Changes in Street and Road. _ Names Within the City of Schertz that was forwarded to- Council, -11- that at the end of Item 6 the phrase including E-911 District was. added and asked what E-911 District is. :(Steve Simonson said it is the Enhanced .911 system that goes on line tomorrow. Mr. Simonson said since it was decided to follow notification procedures similar to those for annexation, City Council, brought it to his attention that the E-911 District should be added and - he did so.) - (b) Council had the first reading on the 15,000 pound weight 1'imit for Pfeil Rcad on March 21. (c) There is an„article in the February issue of the Planning Magazine that gees along with the letter we sent to Craig Farmer asking for more consideration for small -cities at the conferences . (d) Along that same line, the Commission got a reply from TML. Do you want to follow up on it? Chairman Brisgill noted TML is putting the letter into a chain and feels we can do nothing else unless we write to those people. ^fary Marsh suggested writing to Laurie Thomas, City of Amarillo, r:ext year ` s Planning and Zo:.ing Commissioners. Short CoL«°se Coordinator, acknowledging we got the letter and asking them what they're-going to do about it. Merwin ~~illman pointed out that they don't present awards either to the small cities. Steve Simonson recommended getting a list of all the cities that belong and seeing just exactly how many small cities are contributing toward the salaries of these people. Mr. Simonson indicated there is no doubt a preponderance of contributions from small cities and these same cities are not being nurtured by the chapter. Keith Van Dine suggested forcing the issue of presenting a workshop on the small city,- and if we are turned down, then. getting together with the other small cities. Mr. Van Dine even mentioned starting a movement to break off and forming your own organization with the other small cities. Mary Marsh announced that the first meeting of the Civic Leaders Panel will be April 6th and she and George Vick will „attend as representatives of the Planning and Zoning Commission. Bob Andrews brought up the following: {a) Informed the Commission that Odo Riedel now has a blinking light sign at Pecan Grove Mobile Home Park similar to the one that was at Ben's Barbeque before Planning and Zoning requested they change--the bulbs .so the. lights on the sign would not blink. -12_ - - tb) Referred to the_Zoning Bulletin for March 15, 1989 and- suggested the members read the article on the bottom of .page 3 ' about zoning not in accordance with a comprehensive plan. Mr. Andrews said this is directly tied together with what they were talking about earlier this evening regarding future annexations. tc) Asked for a list of all items that have been tabled. X11 AIIJOIIRNMENT Chairman Brisgill adjourned the meeting at 9:09 P.M. There is a joint public hearing scheduled for April 4, 1989. The next regularly scheduled meeting is April 11, 1989. - -13-