Loading...
08-28-1990 J!'lJ Tr ~:: PLANNING AND ZONING MINUTES The Schertz Planning and Zoning commission convened in a regular session on Tuesday, August 28, 1990 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN JIM SHRIVER, VICE-CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN GEORGE VICK HARRY BAUMAN KEN GREENWALD, COUNCILPERSON GARY BRICKEN EARL HARTZOG CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECRETARY II CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. 12 APPROVAL OF MINUTES: Regular Session August 14, 1990 A,ii Merwin Willman made a motion ,to approve the minutes for the regular session August 14, 1990. George vick seconded the motion and the vote was unanimous in favor. Motion carried. 13 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. 14 CONSIDER AND MAKE RECOMMENDATION: Selection of a New Planning and Zoning Commission Member Gary Bricken and Earl Hartzog, both applicants for the position, were present at the meeting. Chairman Andrews asked the applicants if they had anything to add since the time they were interviewed two months ago. Mr. Andrews went on to explain the Commission is doing things a little differently this time because it has been so recent that these applicants were interviewed and both were highly qualified for the position. Earl Hartzog spoke at this time saying Gary Bricken would probably be the most logical selection for the Commission because of the geographical location of his residence within the City. Chairman Andrews thanked Earl Hartzog for that comment adding that one of the considerations the Commission has to look at when choosing a member is a balance in the representation from different geographical locations of the City. Chairman Andrews asked for comments from the Commission members, but there were none. Merwin Willman made a motion to recommend to City Council the approval of Gary Bricken to fill the vacancy on the Com~issio~. Keith Van Dine seconded the motion and the vote was unan~mous ~n favor. Motion carried. Gary Bricken stayed for the remainder of the meeting. CONSIDER AND TAKE APPROPRIATE ACTION: Forms for a Specific Use Permit Request and for a Special Exception Request Chairman Andrews reminded the commission he had brought forms to the last meeting for their review. Mr. Andrews went on to say Jim Shriver revised the forms and that is what they will review this evening. '5 Jim Shriver mentioned that Merwin Willman was also going to work on some forms. Mr. Willman noted that his aren't finished, but he did fill the Commission in on what he has to this point. ~ Mr. Willman commented he did his a little differently, leaving out references to Paragraphs and Articles of the Ordinance because they would need to be changed from time to time when the Ordinance is amended. Mr. Willman started with the form for a Special Exception request to the Zoning Ordinance. He included spaces for the name and address of the person making the request; a space for listing the current zoning of the property; spaces for eight types of special exceptions (height regulation, front yard setback, side yard setback, rear yard setback, parking regulation, accessory building, non-conforming use, and other) so the person can check the appropriate one; space for special exception requested and the specific reason why; and, request for attachment of detail plans and specifications and other evidence to substantiate and support the request. Mr. Willman commented the last thing he would like to include on the form is a statement signed by the person making the request which would read as follows: "I fully understand that the Board of Adjustment has the authority to approve or disapprove this request or special exception after determination has been made whether this request is in the best interest of the publ ic and and enforcement of this Ordinance will result in extraordinary hardship to me. If I am not satisfied with the decision of the Board of Adjustment, I may present a petition to the Court of Record within ten (10) days after filing of this.decision by the Board of Adjustment." While presenting his outline to the Commission, Merwin Willman reminded them that the Board of Adjustment can, if it so desires, operate like a court of law by administering oaths, bringing in witnesses, etc. -2- Keith Van Dine pointed out the Commission is not the B.O.A. and asked if that shouldn't be clarified on the form, but Merwin Willman replied no to that question. Chairman Andrews pointed out that in the forms submitted by Jim Shriver, reference is made to Planning and Zoning making a favorable recommendation to City Council for a public hearing. Merwin Willman remarked that technically the Commission should not be involved. They can take a look at the request and form a recommendation. Keith Van Dine observed then that the form should be as such, but Merwin Willman said no, the recommendation should be attached. Steve Simonson wondered if the form should say something about an informal hearing. Merwin Willman replied to this by saying if the Council wants Planning and Zoning to have an informal hearing, it should be stated in the ordinance. Keith Van Dine noted that the way he sees it, the form should go to the B.O.A. first and then they should. ask for the Commission's input. Mr. Van Dine again mentioned he thinks this should be clarified on the form because as it is in reality, the Commission is involved, but as it is written, they are not involved. ~ Merwin Willman stressed that if City Council wants to procedure whereby Planning advisor and only making a should be put in writing. and Zoning is recommendation, sort of a then the set up a technical procedure Councilperson Greenwald commented that Planning and Zoning is not the decision making authority. Keith Van Dine responded to this by saying the applicant should be informed as such, and the applicant really wouldn't need to attend the Commission's meeting when the request is being discussed. George Vick advised that it's always nice to invite them to attend, because sometimes you can't get everything down on paper and there may be something they can talk about that would shed additional light on the reason for the request. Chairman Andrews told the Commission the reason he included the Article and Section on the form was because he wants the individual making the request and the Inspection Department to know exactly what is requested and to have to go to the Ordinance to see what is involved. Mr. Andrews also added it is easy to go into the computer and change numbers on the Article and Section should they be changed because of an amendment. -3- ~-. Merwin Willman asked if these forms need to be sent to the B.O.A. for approval and the consensus was that they should be. Merwin Willman then asked if there's any hurry about it and Chairman Andrews replied he wouldn't see why since up to this point there have been no forms. Mr. Willman then outlined his form for a Specific Use Permit request. Once again he included spaces for the name and address of the applicant; space for location of the property the permit is for; space for current zoning of the property; spaces for specific reasons for the Specific Use Permit request and characteristics of the building (s) and/or proposed use of the property; request for attachment of site plans and specifications Ior land use and/or construction at site; and, statement signed by the person making the request which would start with "I fully understand. .... (same statement as included in the form for a special exception request). Merwin Willman remarked he would like for the applicant to understand that he has six months in which to use the permit after it has been granted or it is automatically cancelled. Bob Andrews suggested tabling this item until the next meeting at which time Merwin Willman will have his proposed forms completed. The Commission agreed with this suggestion. ~ Chairman Andrews also mentioned that perhaps Merwin Willman would have the forms ready by next week, so instead of including them in the packets, the Commissioners could pick them up at city Hall and have more time to look them over before the next meeting. 16 CONSIDER AND MAKE RECOMMENDATION: Review of Ordinance Zoning .;.;. Each member had received a copy of the Zoning Ordinance with all the amendments consolidated into it. Chairman Andrews mentioned that in the past it had worked well to review a certain number of pages per meeting. George instead idea. Vick suggested reviewing a given number of of pages and Merwin Willman commented that Articles is a good Mr. Willman also stated it would be advisable for the Commission to double check all references to other Articles in case there is a change. It was decided to review Articles I through XII at the next meeting. (This will cover 22 pages.) -4- '7 GENERAL DISCUSSION Before General Discussion started, George Vick mentioned steve Simonson's notes in which he asked the Commission to clarify their decision from the last meeting on Ken Marbach's vehicle. steve Simonson said he would cover that in his portion of the General Discussion. George Vick: (a) Asked who cuts the grass at the corner of Pecan and Oak Streets, coming in from FM 1518, because its high and hard to see around when you're driving. steve simonson informed Mr. Vick the city hopes to get the owner to mow the grass, but if the owner, after being properly notified, doesn't do it, then the City finds someone to mow it and bills the owner. Then if the owner for some reason doesn't pay the bill, the City can put a lien on the property. (b) Asked if permits were obtained for the new signs railroad right-of-way off FM 78. (Steve Simonson said pretty sure they are just signs that have been rehabbed, will check on it.) in the he is but he Keith Van Dine: ~ (a) Told Steve Simonson the Street Department was doing great on Pfeil Road, but then all of a sudden they stopped about 1/4 to 1/2 mile down from 1-10 and there's still some potholes left. Councilperson Ken Greenwald acknowledged they were having trouble getting hot mix, and Steve Simonson said he will check on it. Harry Bauman: (a) Is there anything in the ordinance about cars and trucks for sale parked along Jack Hays Blvd? Chairman Andrews told Mr. Bauman it has been found that most of those were on private property and the individual had permission to put the vehicle there. Gary Bricken asked if the City can cite someone for high weeds and was informed they can. Merwin Willman: (a) Understands that at the Diamond Shamrock on the corner of IH-35 and Jack Hays Blvd. there are certain times when coming out and turning left onto Jack Hays to go back up to IH-35 is a problem. Suggests a survey be made to see if there is a problem and if there is, maybe traffic should not be allowed to turn left coming out of there. -5- ~" Chairman Andrews. pointed out it won't be too long before Jack Hays is widened. Gary Bricken commented it is a hazard, because people ignore the Yield Sign on the access road when turning onto Jack Hays Blvd. Merwin willman suggested looking at the problem and seeing if maybe traffic exiting Diamond Shamrock should be required to go around back of the station and turn onto the access road. George Vick mentioned a possible problem in dictating to the state about where traffic should turn. Steve Simonson observed that this corner is no different than any other busy corner and he hasn't seen that much of a problem, but they can have the Highway Dept. take a look. Councilperson Ken Greenwald noted they have a similar problem at the Stop-N-Go for people wanting to come across and get on Jack Hays Blvd. going south. Merwin Willman related he just wanted to go on record as bringing up a possible problem. Gary Bricken advised that a logical recommendation might be to put in a Stop Sign in place of the Yield Sign. II '" Steve Simonson said he will inform the Highway Department of the Commission's concerns. (b) On June 12th the Commission tabled a request from David Noriega of 312 Judith Ann for 60 days until his antique vehicle tags came in. If his tags came in, his request needs to be cleared off the tabled list. <David Noriega called to report his antique vehicle tags had come in. This item will be placed on the next agenda for clearing off the tabled list.) (c) Referred to the exit at the north end of City Hall and asked if there's any reason why it's a Stop Sign. Questioned if if could be a Yield Sign instead? (Steve simonson replied by saying he didn't think that would be practical.) Jim Shriver: (a) Asked if the Commissioners had read the "Zoning Bulletin" regarding the case of the overturned junkyard violation in relationship to a lady who had a 1969 Cadillac parked in her front yard. steve Simonson pointed out in that particular case the lady's yard, because of one car, was considered a "junkyard" and that's why the violation was overturned, whereas Schertz has a Junked "Vehicle" Ordinance for such situations. -6- ;.~=:: Jim Shriver then asked Steve Simonson if he thinks the city is safe with its ordinance and Mr. Simonson replied the city's Ordinance is a direct quote from state law which has been court tested and proven to be upheld as legal. (b) back By the car wash on FM 1518, next to the house that sets in, a mobile home has been moved in there. Is it legal? Steve simonson asked Mr. Shriver if he means between the Animal Control Facility and the house and Mr. Shriver said yes. Mr. Simonson then related that a mobile home has been there for some time, even before the City annexed the area, and nothing has ever been done about it. Chairman Andrews: (a) City do. Mentioned the new Ordinance on Garage Sales and asked if the has signs and forms available. Steve Simonson replied they Merwin Willman reminded the Commission to take note that the new Ordinance on Garage Sales also changes the Sign Ordinance. Steve Simonson: ~ (a) Told the Commission their decision in the case of Ken Marbach's vehicle (they allowed him to store it in the backyard, asked him to move it several feet so it cannot be seen from the public right-of-way of Nell Deane, and didn't require him to cover it or screen it) created consternation in the Inspection Dept. Mr. Simonson went on to say the way they have been enforcing it and interpreting the Ordinance is if any vehicle can be seen from any public road or public right-of-way and is in violation, then the owner of the vehicle will be notified. Mr. Simonson said in the City of Schertz the alleys in Aviation Heights are public right-of-ways and the rest of the City has easements, but the Inspection Department has been treating them all the same - as if they were alleys. Mr. Simonson commented the Inspection Dept. would like some direction. Harry Bauman informed Steve Simonson that Ken Marbach's vehicle had been classified as a "special interest" vehicle to which Mr. Simonson said the Commission doesn't have any substantiation of that fact. Chairman Andrews pointed out this was the first case they had of a "special interest" vehicle and they didn't feel the ordinance should be changed for on"" but maybe it needs to be for the Inspection Department's purposes. Steve Simonson asked the Commission to think about their decision and see if they mean its okay to keep a vehicle in the backyard if it can't be seen f rom a publ ic street. Mr. Simonson added that doesn't apply to parts strewn around, there's a means of handling that situation. -7- Chairman Andrews' noted that in Mr. Marbach's case the vehicle is moved from time to time and the grass around it is kept mowed. There was a brief discussion on traffic in easements and whether or not easements can be fenced. There was then discussion on Section 10.52 of the Code of Ordinances which reads as follows: "Junked vehicles, or parts thereof, which are located in any place where they are visible from a public place or public right-of-way are declared to be a public nuisance, and as such are subject to being abated or removed in accordance with the procedures as outlined in this division." Once again the decision of the Commission regarding Ken Marbach's vehicle was reviewed with Steve Simonson commenting that legally Ken Marbach had a junked vehicle. Mr. Simonson reminded the Commission the City has gone into backyards and towed junked vehicles away to the crusher and to this poin~ the City has not been challenged. . Gary Bricken asked why there is a specific Ordinance for junked vehicles. Steve Simonson explained there is a State law regarding junked vehicles. and also listed some of the problems encountered by the City such as people storing one or more junked vehicles on their property. Mr. Simonson said this Ordinance has greatly enhanced the "Inspection Department's authority in an effort to help clean up the City. Merwin Willman remarked that in looking back at the Commission's decision, he feels they need more clarification and that they "stretched" the definition of a "special interest" vehicle. Councilperson Ken Greenwald brought up, from Section 10-51 of the Code, the definition of a junked vehicle which reads as follows: "Any motor vehicle as defined in Article 6701d-11, Vernon's Revised Civil Statutes of Texas, as amended, which is inoperative, does not have lawfully affixed to it both an unexpired license plate and a valid motor vehicle safety inspection certificate, or that is wrecked, dismantled, partially dismantled or discarded; or remains inoperable for a continuous period of more than forty-five (45) days." Mr. Willman asked if the vehicle has to meet all three conditions, that of being operable, having a current license plate and having a current inspection sticker. Steve Simonson answered by saying the City has been requiring all three because even if it's operable, you need a current. license plate and a current inspection sticker. Steve Simonson also pointed out that in the past if the vehicle could be seen, and the vehicle was in violation of any of the three conditions described above, it was considered illegal. -8- Gary Bricken questioned the possibility of unequal and/or unfair enforcement of law because some sections of the city have easements and not alleys, but Steve Simonson said they had been treating them all the same. steve Simonson then asked the Commission if their feeling is if the vehicle can't be seen from the road then the City should ignore it, and questioned if they're talking about a public road. Mr. Simonson stressed he needs the commission's input. Merwin Willman asked if the Commission can make a decision on this or is it up to City Council. Steve Simonson asked why they don't just administer all the City in the same way. Merwin Willman asked if this shouldn't go to a lawyer for clarification and Steve Simonson replied maybe, but he will have to speak with the City Manager first. (b) Had a site plan for the proposed truck stop at IH-35 and Jack Hays Blvd. and laid it out for everyone to see. ,;,,, Mr. Simonson made five points about the proposed truck stop: (1) the area is legally zoned for this type business; (2) we should ask them to consider a single access; (3) we need to think about electronic message signs (most truck stops have one); (4) we need to ask them about security lighting, and; and we need to ask them about possible landscaping. Harry Bauman expressed concern about property values going down if the truck stop moves into that location. Gary Bricken pointed out there are different types of truck stops and went on to say if there's good security lighting, if there's good pol ice presence and if it's clean, a truck stop will not attract riff raff. Steve Simonson told the Commission he wanted them to see the site plan because Fuel America of utah is in final negotiations for the sale of the land. (c) In regard to the Schertz Parkway overpass, blasting will start either Thursday or Friday of this week. George Vick asked whatever happened to painting of the arrows on the driveway at the Wuest's, Winn's, Pacific Sayings entrance/exit. Steve Simonson replied that two OI the owners agreed to the painting, but the third never responded. Chairman Andrews told Steve Simonson he would check this matter out further. -9- '8 ADJOURNMENT Chairman Andrews adjourned the meeting at 8:35 P.M. The next regularly scheduled meeting is September ll, 1990. ~ -lO-