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11-27-1990 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, November 27, 1990 at 7:00 P.M. in the Municipal Complex Conference ROOD, 1400 Schertz Parkway. Those present were as follo"s: PLANNING AND ZONING COMMISSION OTHERS PRESENT . BOB ANDREWS, CHAIRMAN JIM SHRIVER, VICE-CHAIR~AN KEITH VAN DINE, SECRETARY rvIERl\I N ~\I LL~1A;\ GEORGE VICK HARR Y BA U~lAN GARY BRICKEN KEN GREENWALD, COUNCILPERSON STl\N H.i\MILTON WILLIAM H. SMITH OLIVER NELSON WYVON NELSON JOHNNIE ~1. JONES ROSEMARY SAVAGE LOUISE MCKEETHEN OLIVIAN M. HODSON CARLINE S!-lITH JOHN FARMER CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER NORi"lA ALTHOUSE, RECORDING SECRETARY MARK MARQUEZ, EDTF ADMINISTRATIVE ASST. #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session November 13, 1990 . Merwin Willman made a motion to approve the minutes for the regular session November 13, 1990. Keith Van Dine' seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS Chairman Andrews informed the Commission there are a group of citizens present from the Resurrection Baptist Church who want to discuss the possibility of locating their church at 909 FM 1518, which is in the AICUZ, APZ-1 area. Mr. Andrews also mentioned that Mark Marquez is present to relay information to the Commission regarding. the Foreign Trade Zone and ,asked Mr. Marquez if he minded if the group from the Church went first. Mr. Marquez had no' objection. Representing the Church was Oliver Nelson of Century 21 Realty and John Farmer of Pacific Southwest Savings out of Corpus Christi. Noting they are not on the agenda, Chairman Andrews said the people from the church are here tonight just to discuss the possibility of locating on FM 1518, and they would like to get the feelings of the Commission on this matter. Chairman Andrews asked for Staff input. steve Simonson told the Commission this would be a request for a Specific Use Permit. The building at 909 FM 1518 was there before Schertz incorporated the .'\ICUZ policy into it's Zoning Ordinance. Mr. Simonson also pointed out there are three other Churches in Schertz already in the AICUZ, APZ-l area. George Vick inquired if this location is where Morning star Pet used to be and was informed it is. steve Simonson mentioned also a bingo hall had been there previous to that. Chairman Andrews commented, if he remembers correctly, the . building has approximately 10,000 square feet. Oliver Nelson acknowledged the building has 9,680 square feet and 80 parking spaces. George Vick asked if they anticipate more than 80 cars and if they would be encroaching on the parking area for the City park across the street. Oliver Nelson answered by saying they do not anticipate more than 80 cars, but if the situation should arise where the congregation expands, they would probably look into procuring more land. Chairman Andrews asked the size of the congregation and Oliver Nelson replied approximately 200 people. William H. Smith spoke at this time saying he would like to clarify that 25% to 35% of the 200 members are children. Mr. Smith also said he does not anticipate a parking problem at this time -there are approximately 120 families which would translate to approximately 60 cars. . steve Simonson remarked the point here is that FM 1518 1S a busy road and will get busier as time goes on. Chairman Andrews thanked the members of the Church for bringing in their request ahead of time, giving the Commission time to do some research before having to make their recommendation. Merwin Willman, noting that their letter says they will be using the building predominantly on Sundays, asked if this is true. Rosemary Savage indicated there will probably be a mid-week service and perhaps also an evening choir practice. -2- steve Simonson asked Oliver Nelson how fast the decision has to be made. Mr. Nelson replied they were hoping to be on the agenda this evening, but didn1t get their paperwork submitted in time. Mr. Nelson further said they are aiming for a decision by December 28th. Steve Simonson informed Oliver regulations and time involved in Specific Use Peroit and pointed Commission is Decernber11th. Nel son of the process out the next the procedures, of obtaining a meet ing of the John Farmer asked if there's any way to expedite the process. . Councilperson I{en Greenwald explained that the City is tied by State regulations in regard to publication deadlines. Mr. Greenwald also related that because of Christmas and New Year's falling on Tuesday and the Commission and City Council meetings being on Tuesdays, several of the December meetings have been cancelled. r-lr. Greenwald estimated that if everything fall s perfectly into place, the earliest date a decision could be reached would be the meeting of January 8th. Chairman Andrews asked if they're looking at just a church, and the various activities aSS0ciated with .a church such as a mid- week service and choir practice, or are there more far-reaching plans. Oliver Nelson replied right npw they're looking at just a Church. George Vick asked where they are located currently and Oliver Nelson replied at the corner of Kitty Hawk and Pat Booker Road in Universal City. . Steve Simonson observed the only problem he foresees is that it's in the APZ. Rosemary Savage asked if there was a problem when the bingo hall was there and steve Simonson replied yes there was, but that W~s before the AICUZ was incorporated. Oliver Nelson then asked if the City is saying that nothing of a large volume of business will be permitted in the AICUZ. Steve Simonson answered by saying the City does the best it can to try and enforce the AICUZ regulations because they obviously want Randolph Air Force Base to stay. Mr. Simonson stressed to Oliver Nelson, however, that the AICUZ is just a guideline, RAFB does not dictate to the City. Chairman Andrews informed Oliver Nelson that if the plans are for just a Church, ~is opinion is that something is workable. Jim Shriver asked if they are buying or renting the property. Oliver Nelson replied they are buying. Gary Bricken asked facil ities and steve building is vacant. if there Simonson is room to rep 1 ied the expand land all the parking a round the Chairman Andrews once again thanked the church members for coming and told them this gives them some idea where the Commission is coming from so they can be prepared when they make their presentation at the December 11th meeting. Mark Marquez \-\'as at the meeting to share information with the Commission about the Foreign Trade Zone (FTZ). Mr. Marquez had written a note to the Commission in which he gave the following definition: "A foreign trade zone is a property in u.S. terri;tory that, once designated as a foreign trade zone, is not considered u.s. territory for the sole purpose of import/export duties." Chairman Andrews commented to Mr. Marquez he thought he had a . good idea what an FTZ was until he read the definition. Mark Marquez reiterated it is u.s. property, but for customs only it is an FTZ. Mr. Marquez pointed out that while the goods are there they are bonded. When the goods are sold, customs is paid, but in the meantime it gives the businessman a break. George Vick remarked that's true except when the goods sold in the u.S. Mark Marquez acknowledged the government loses Qoney in the situation where the goods sold in the V,S., but that's not our problem. Mr. stressed that the City doesn't lose anything as far as ad taxes. are not federal are not Marquez valorem- Gary Bricken asked if there's a lot of interest 1n this and was informed there 1S. Merwin Willman then asked if other businesses can go in and Mark Marquez answered yes they can. Mr. Marquez said to keep in mind that the guy in the FTZ will probably have to build a fence for bonding purposes, so there may be part that others can't get into, but use of the zone is not exclusive. . Merwin Willman asked what happens when somebody wants to buy the land but cannot because it is set aside for an FTZ. Mark Marquez related the FTZ is a designated size, it can be moved and pick up acreage somewhere else~ Keith Van Dine gave the example of the FTZ being established and then the guy in the FTZ going broke, and asked if something else can go in. Mark Marquez answered yes thy can. Chairman Andrews asked who designated that this land 1n Schertz be in the FTZ. -4- . . steve Simonson advised the Commission that SASAwent to the City of San Antonio and requested it be an FTZ to try and help move the property in Tri-County. Mark Marquez told the Commission the land did belong to SASA, but now it belongs to the RTC. Mr. Marquez commented that since the land no longer belongs to SASA, it is more or less a write-off for the City of San Antonio because they can't collect a fee. George Vick mentioned a possible problem with the Federal Government saying Schertz owes them money, but Councilperson Ken Greenwald pointed out that the applicant for an FTZ is the one \-Jho pays. Steve Simonson said, In talking with two of the primary lenders on property in the City (San Antonio Credit Union and Gibraltar Savings), they say RTC now has about a six-week turnaround In releasing property. Gary Bricken, referring to the RTC, said he understands they are now setting the prices on the land in Tri-County. Mr. Bricken remarked part of the problem in the past has been no one wanted to make a decision as far as setting a definite price. Steve Simonson told Gary Bricken the City of Schertz hadn't heard anything like that, so Hr. Bricken said he will check on it further. Merwin Willman mentioned the Ordinance on Freeport Goods Tax discussed by City Council back in March of this year and asked if it has any relationship to the FTZ. Mark Marquez noted that in the case of the FTZ there are customs and duties tax as opposed to a Freeport Goods Tax which involves an inventory tax. Mr. Marquez went on to say the idea is to get the FTZ specified clearly on the Zoning Map and the Zoning Legend. Gary Bricken advised the Commission that customs taxes can be 100% or more. Chairman Andrews asked if the FTZ has been approved for that area and Mark Marquez answered not yet. . steve Simonson acknowledged that every city today, .with the exception of cities in southern California, is out there marketing itself, they can no longer just sit back and say "We're here." There was some discussion on what businessmen look for in a City and Gary Bricken said he had read in Newsweek that "quality of life" is 5th on the list. -5- ~ Chairman Andrews asked Mark Marquez what his suggestion is for highlighting the FTZ on the Zoning Map and Mr. Marquez said he is leaving that up to the Commission. Var ious \~ays of highl ighting the FTZ were discussed and it was decided to take out every other line. Steve Simonson pointed out it doesn't change the zoning of the land, it's just an economic tool. Before leaving, Mark Marquez brought one other issue to the attention of the Commission. Mr. Marquez stressed the importance of having an up-to-date Comprehensive Plan for the economic development of the City. Chairman Andrews, saying the Commission will be working on updating the Comprehensive Plan this year, invited Mr. Marquez to attend any and all of the meetings. . Mark Marquez also mentioned the importance of a thoroughfare plan and infrastructure, especially north and south. Mr. Marquez said there is also a need for consistency in how the City does business. You cannot change for the big guy who may, for example, want to build a factory if this factory would interrupt and unbalance the Comprehen3ive Plan. If the Comprehensive Plan were interrupted and unbalanced, then the cl12.racter of Schertz would bE lost with nothing left to sell but land. Keith Van Dine brought up the subject of a Texas Department of Correction facility in the Schirmerville area. Mark Marquez stated he had considered this general area as the location for a recycling plant. Mr. Marquez also pointed out the land adjacent to Schirmerville, across FM 1518, saying it could possibly be annexed sometime in . the future. Chairman Andrews thanked Mark Marquez for his time and once again extended an invitation for him to attend any and all meetings of the Commission, especially .when they are working on the Comprehensive Plan. '4 CONSIDER AND MAKE RECOMMENDATION: Occupation Permit Discussion on Home Jim Shriver commented that when he got his Home Occupation Permit back in 1985, he didn' t receive all the necessary information. Mr. Shriver gave the example of the .permit being annually renewable, which fact had been discovered during review of the Zoning Ordinance, and said he was not aware, when he got his permit, that it needed to be renewed. Mr. Shriver had drafted a new document with supporting data for the Home Occupation Permit application, and copies were distributed to the Commission. -. t -6- , - Merwin Willman asked if a fee hadn't been discussed and Chairman Andrews replied they had discussed a $5.00 fee. Mr. Andrews said the change to the Zoning Ordinance will say that the initial fee and the renewal fee will be in accordance with the Schedule of Fees. Jim Shriver suggested the fee be renewable in January of each year. There was discussion of Item 3 on the proposed application which is: "Names of person(s) to be employed in the home occupation." Jim Shriver noted the Ordinance says the employee has to be an immediate family member and this way you can check on whether or not they're bringing in other people. . Gary Bricken then asked if "immediate family member" is defined and was informed by Chairman Andrews that yes it is someplace. Mr. Bricken asked if the immediate family member has to reside on the premises and was informed yes they do. Mr. Bricken then wondered if we need to have the relationship listed. After some discussion the Commission decided- to relationship" to Item 3 making it read as follows:, person(s}, and relationship, to be employed ln occupation." add "and "Names of the home Chairman Andrews voiced the opinion he would 1 ike to see a question on the application about whether the property lS rented or o\vned by the appl icant. . Merwin Willman was sure there was something in the Ordinance about the owner, if the renter is making application, having to sign a statement giving approval for the home occupation. After some research Mr. - Willman found such statement under Article XXVI, Section 4.5. After the Commission read Section 4.5 of the Ordinance , it. was requested, for reasons of clarification, that paragraph b. 4 be moved up as paragraph b. and the current paragraph b. be renumbered as paragraph c. There was a brief discussion about when a Home Occupation Permit application comes before the Commission and Steve Simonson explained it only comes before the Commission if it is not one of the authorized home occupations listed in the Ordinance. The Commission decided to add the quest10n about whether or not the applicant owns or is renting the property. Jim Shriver commented he doesn't like the definition given in the Ordinance for a Home Occupation because it's too complicated, so he reworded one of the phras,es in the definition to at" least read a little clearer. That phrase currently reads: ",...... residing on the premises, in connection with which there is used no sign other than a personal family name plate Hr. Shriver proposes it read: " . . . . . . . residing on the premlses, In connection \oJith which there is no advertising sign used other than a personal family name plate "The Commission was in agreement with the rewording. Keith Van Dine questioned enforcement of the Ordinance as far as Home Occupation Permits. Steve Simonson stressed that what the Commission is proposing to do now is very finite and involves a fee and a renewal date. Kei th Van Dine remarked he has a problem wi th the requirement that the immediate family member must reside on the premises. Mr. Van Dine gave the example. of someone being sick and a relative, who does not live on the premises, being called in to help. . Chairman Andrews explained the person has now crossed the 1 ine into a business rather than a home occupation. Keith Van Dine, pointing out the application asks for the names of persons to be employed, said in his opinion, when you're hiring employees, then you're running a business. Discussion followed on the difference between a home occupation and a business. Chairman Andre~Js commented the purpose of immediate family having to reside on the premises is that they don't want a business in a residential area. Steve Simonson related that there's too much traffic disrupted. another criteria generated, the is traffic. When neighborhood is After further discussion on immediate family having to reside on the premises, steve Simonson suggested leaving that requirement as lS. The Commission agreed. . Jim Shriver recommended putting the information about the January renewal date in the Newsletter. Steve Simonson said he thinks that is good idea, but only after the revised Zoning Ordinance is passed and approved. George Vick made a motion to accept the revised application and supporting data for a Home Occupation Permit, as amended (adding "and relationship" to Item 3, adding the question about whether the applicant is buying or renting the property, and approving the reworded phrase in the' definition) . Gary Bricken seconded the motion and the vote was unanimous in favor. Motion carried. NOTE: The changes decided upon to the Zoning Ordinance, as far as the Home Occupation Permit, will be included in the ongoing review and update of the Zoning Ordinance. , . #5 CONSIDER AND MAKE RECOMMENDATION: Review of that Section of the Zoning Map from FM 78 to IH-35 Steve Simonson informed the Commission that when Schertz Parkway "vas put in, the property owners along the parkway requested a General Business zoning. Hr. Simonson also pointed out some property In front of Oak Forest zoned Office and Professional which should be changed to Park or Public Use District because it is now owned by the City. Merwin Willman reminded Mr. Simonson a Public Use District zoning classification is not in the Ordinance yet. . Steve Simonson then mentioned the property zoned PD which is adjacent to Boswell-Niemietz Realty and said only part of that property was the landfill. Chairman Andrews asked if the landfill shouldn't be zoned separately, but the consensus of the Commission was to leave it zoned as is ,with restrictions on the landfill. Chairman Andrews commented once agaln on East Live Oak Road where there's property in the middle of residential zoned for Neighborhood Services. Gary Bricken asked if the City knows what the property owner,' who wanted Neighborhood Services in the past, wants today. Steve Simonson replied he wdnts it left as it is for purposes of selling the property. . Merwin Willman went to the Zoning Map and pointed out all the General Business zoning along Schertz Parkway, Jack Hays Blvd., FM 78 and FM 1518. Mr. Willman explained that the thinking in the past was that Jack Hays Bl vd. would be the main area for General Business, but now with Schertz Parkway, he feels maybe they should concentrate on it and eliminate some of the General Business zoning along Jack Hays Blvd. Mr. Willman also mentioned several corner clips (200 square foot areas at corners of main intersections) which had been zoned for General Business, Neighborhood Services and/or Office and Professional and wondered if it isn't time to reconsider those areas. Chairman Andrews asked the Commission to consider the possibility they may get some resistance from City Council on down zoning and suggested they get a feeling on this from City Council. George Vick thought, instead of the enti~e map, they should pick out one area and concentrate on it finding out what it will'cost to invite the property owners to a meeting and what-resistance they may encounter. Keith Van Dine agreed with getting a feel from City Council first. ~. . . Steve Simonson suggested sending a letter to City Council explaining the Commission's efforts because unless City Council signs off on a Comprehensive Plan and backs it up, that Comprehensive Plan is useless. Councilperson Ken Greenwald related that the idea behind the corner clips on Jack Hays Blvd. at major intersections was that an individual in the area of ~voodland Oaks or Savannah Square shouldn't have to drive into the middle of Schertz for services such as an optical office, a dry cleaner, etc. Jin Shriver asked how particular areas are designated in the Comprehensive Plan and Steve Simonson replied the map is broken down into blocks. Merwin Willman mentioned three PUD areas, the first being adjacent to Parkland Village, the second being Northwood in Greenshire, and the third being Morton Southwest property off Jack Hays Blvd., and said he feel s a change. in their zoning should be considered. To this, Councilperson Ken Greenwald asked why not let the buyer of said property pay for the zoning change. I Harry Bauman brought up the subject of parks saying the City needs to establ ish more of them in the Woodland Oaks, Savannah Square areas of the City. . 16 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion Regarding December Meetings Merwin Willman reminded the Commission they usually cancel their second meeting in December and it does fall on Christmas Day this year. After a brief discussion, with both George Vick and Keith Van 'Dine saying they would be unable to attend the December 11th me~ting, Merwin Willman made a motion to hold the regularly scheduled meeting of December 11th, but: to cancel the second meeting of the month which would fall on December 25th. Gary Bricken seconded the motion and the vote was as follbws: AYES: B. Andrews, J. Shriver, K.Van Dine, M. Willman, H. Bauman, G. Bricken NAYS: G. Vick ABSTENTIONS: None ... . Motion carried. #7 GENERAL DISCUSSION Merwin Willman: (a) Asked steve Simonson if he's heard anymore from Fuel America. Mr. Simonson replied they got their Tax Certificate today and things are going forward. '. (b) Asked the status of the proposed changes to the Subdivision Ordinance, specifically Article II, Section 15, Paragraph 15.5 (specifications on the preliminary plat) which had been discussed at the last meeting. Steve Simonson answered that 3 out of the 4 had been sent forward along with the proposed amendment on parkland, but between the lawyers and City Council they got lost someplace . Mr. . Simonson said it was merely an oversight and they should be resubmitted. Merwin Willman asked if they will be resubmitted. Chairman Andrews noted there are other changes to the Subdivision Ordinance that the Commission will be submitting and he would prefer to submit them all at the same time. (c) Asked the status of the new cha 11 enges to it. steve Simonson challenges are being resubmitted. floodplain map and/or the advised the Commission the (d) Nentioned the proposed amendment to the' Sign Ordinance regarding a Railroad Right-of~Way District and said he would like to withdraw that proposal. . Mr. Willman had written the Commission: the following letter which he read to "At the last meeting I submitted a proposed change to the Sign Ordinance for a Railroad' Right-of-Way District. I would like to withdraw that proposal. If anyone else would like to sponsor it, be my guest. About 5 years Ordinance, and battle to get . . have made 10 businesses, and ago, the Commission was asked to write a Sign ever since the Ordinance was passed it has been a any cooperation from the business community. We changes to the Ordinance, all in favor of still no cooperation. At one of the entrances to - our City, there is a group of 3 businesses which according to our Sign Ordinance should be classified as a Shopping Center. Between the 3 businesses they have 15 signs, 2 banners, 2 flags and 3 streamers~ . ~ Broken down that would be: 1 billboard 1 roof top sign 6 signs on buildings 4 free-standing signs 3 slgns on fence 2 banners 2 flags on roof 3 streamers As far as I am concerned the businesses of this community have won the war, and if they want to put a sign in the middle of a street, I will drive around it!" Mr. ~"iillman finished by saying if someone wants to delete the Sign Ordinance, he's all for it. Chairman Andrews: (a) Nentioned that, at his request, copies of some helpful hints . on Zoriing Ordinance Amendments were included in their packages. Mr. Andrews said he hopes it will help them, it has always helped him. Councilperson Ken Greenwald: (a) Reminded everyone of the Tree Lighting ceremony on December 6th at 6:00 P.M. (George Vick inquired if the grass in front of the Municipal Complex will be mowed by that time and Mr. Greenwald told him it was under control.) (b) Indicated that, in his opinion, everyone wi'll see a lot more decorating and hol iday cheer this year, there has been a good response. Mr. Greenwald asked the Commission to remind everyone to get their entries in for the lighting contest. Jim Shriver: . (a) Told the Commission members he has a yard full of pecans if anyone's interested. #8 ADJOORNMENT Chairman Andrews adjourned the meeting at 9:10 P.M. The next regularly scheduled meeting is'December 11, 1990.