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09-26-1989 " PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on TUesday, September 26, 1989 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN JOE POTEMPA, VICE-CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN JIM SHRIVER KEN GREENWALD, COUNCILPERSON DON DECKER HENRY BAIN MARK BUNSEY PAT NEW BOB MCLAREN R.D. RICHERSON MEMBERS ABSENT CITY STAFF BOB ANDREWS GEORGE VICK STEVE SIMONSON, ASST. CITY MANAGER SHIRLEY HAMM, RECORDING SECRETARY #1 CALL TO ORDER Chairman Brisgill "dalled the meeting to order at 7:00 P.M. ~ :\... . .- #2 APPROVAL OF MINUTES: Regular Session September 12, 1989 Jim Shriver made a motion to approve the minutes for the regular session September 12, 1989. Merwin Willman seconded the motion and the vote was as follows: AYES: T. Brisgill, J. Potempa, M.Willman, J. Shriver NAYS: None A~S.TENTIONS: K. Van Dine Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. 14 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Ray Mc Minn, on Behalf of Ben's BBQ and Smoke House, for a Variance to the Sign Ordinance Allowing a Flashing Sign at 17967 IH-35 N (Tabled 1-24-89) (PC #157-89) There was no one at the meeting to represent this reque~t. J Chairman Brisgill asked for staff input and steve Simonson replied there is none. Merwin Willman made a motion to disapprove the request from Ray Mc Minn, on behalf of Ben's BBQ & Smoke House, for a variance to the Sign Ordinance allowing a flashing sign at 17967 IH-35 North. Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. '4 CONSIDER AND TAKE APPROPRIATE ACTION: Request from the VFW for a Variance to the Sign Ordinance Permitting a Second Free-Standing Sign at 1000 FM 78 (Tabled 3-28-89) (PC #158-89) There was no one at the meeting to represent this request. Chairman Brisgill asked for staff input and Steve Simonson replied there is none. Keith Van Dine made a motion to table the request from the VFW for a variance to the Sign Ordinance permitting a second free- standing sign at 1000 FM 78. The Commission agreed this item could not be tabled again. Mr. Van Dine's motion was negated. .-' - ~..;- . ~';"- ..... Merwin Willman made a motion to disapprove the request from the VFW for a variance to the Sign Ordinance permitting a second free-standing sign at 1000 FM 78. Jim Shriver seconded the motion and the vote was as follows: .. AYES: T. Brisgill, Merwin Willman, J. Shriver NAYS: J. Potempa, K. Van Dine There was then discussion about the number of votes needed for the motion to pass. It was determined that when only five (5) members are present, a vote of 4 to 1 is needed to pass the motion. Chairman Brisgill then said, according to the rules, this item has to be carried over to the next regularly scheduled meeting. The motion did not carry and Item #4 will be placed on the agenda of the October 10th meeting. Jim Shriver asked if the widening of FM 78 had been taken into consideration when this request was first discussed. Steve Simonson yes it had been because where they want to locate the sign will all but disappear when FM 78 is widened. Chairman Brisgill thanked Jim Shriver for bringing this up but indicated the Commission needs to do something about the requ~st and someone from the VFW needs to be present toan~wer 'questio~s. Mr. Brisgill asked that the VFW be sent a letter informing them of the Commission's actio~. -2- " '6 CONSIDER AND TAKE APPROPRIATE ACTION: Request Bunsey,- on Behalf of Reagan Advertising, for a Variance to Ordinance Allowing a Billboard with Feet on IH-35 N (PC #154-89) from Mark National the Sign 672 Square Mark Bunsey was as the meeting to represent this request. Chairman Brisgill asked Mark Bunsey if he had been given a sign -variance form to fill out for this request. Mr. Bunsey said he had not, but would be glad to do so right now if someone has one available. Mr. Bunsey then informed the Commission that basically he wants to take down two billboards and replace them with one. Chairman Brisgill emphasize~ he feels Mr. Bunsey should go through all the regular channels, one of those being the filling out of the sign variance form, so the Commission has all the information they need to make a decision. Mr. Brisgill asked Mark Bunsey if he would mind coming to the next meeting which is October 10th. Mr. Bunsey replied that would be fine with him. Steve Simonson told Mark Bunsey he will send him a letter and enclose the sign variance request form. .=:;::.:~> Keith Van Dine made a motion to table the request from Mark Bunsey, on behalf of Reagan National Advertising, for a variance to the SignOrdiri~nce allowing a billboard with 672 square feet on IH-35 North. Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. Chairman Brisgill apologized to Mark Bunsey for the misunderstanding and any inconvenience this may have caused. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Robert McLaren, on Behalf of Garden Ridge Quality Closeouts, for a Variance to the Sign Ordinance Allowing Flags and Pennants at 17051 IH-35 N (PC #154-89) Robert McLaren was at the meeting to represent this request. Chairman Brisgill informed Mr. McLaren that if the Sign Ordinance is approved he will not need to request a variance. Mr. Brisgill further stated that according to the changes proposed for the Sign Ordinance, Mr. McLaren will be allowed to put up pennants and flags. There was discussion regarding what should be done about this request whether it should be tabled, or because of the proposed changes to the Sign Ordinance, whether there should be a motion to disapprove. -3- steve Simonson suggested it be a motion to approve, contingent on City Counc_il' s approval of the proposed changes to the Sign Ordinance. Joe Potempa made a motion to approve the request from Robert McLaren, on behalf of Garde~ Ridge Quality Closeouts, for a variance to the Sign Ordinance allowing f lags and pennants at 17051 IH-35 North, contingent on City Council's approval of the proposed changes to the Sign Ordinance. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. Robert McLaren asked what kind of time frame the Commission is talking about before City Council would approve the proposed changes to the Sign Ordinance. Steve Simonson said he estimates approximately 6 to 8 weeks. Appreciation was expressed to Robert McLaren for his participation and input toward the efforts of the Commission in making the Sign Ordinance more useful to the business community. #8 CONSIDER AND TAKE APPROPRIATE ACTION: Don Decker, on Behalf of Cosmic Futures Inc., Master Plan for Pamela Subdivision (PC #144-88) Don Decker and Henry Bain were at the meeting to represent this request. Don Decker sent a letter, dated July 21, 1989, to the Commission requesting they consider, discuss and make their recommendations on thirteen (13) items regarding the proposed "Pamela Subdivision". These items were discussed by the Commission at their regular meeting on July 25, 1989. Items #1 and #2 are as follows: '1. Accept the dedication of a 30' R.O.W. for public use, and maintenance by the City of Schertz, extending from FM 78 to the edge of Pamela Subdivision (to be platted). This 30' wide strip is presently marked as a safety lane and utility easement on the recorded plat of the Schertz Modular Park. #2. Acceptance by the City of Schertz of two 10' wide easements to be granted the City for installation and/or maintenance of utilities. One of these 10' easements to be on each side of the aforementioned 30' wide R.O.W. for the full length of said R.O.W. These easements will contain wording to the effect (to be approved by the City Attorney) that any mobile homes presently incurring onto this 10~ e~sement will not be in violation of any City of Schertz Ordinance, but should that mobile home incurring in this easement be removed, then another mobile home being installed on that site sh~ll a~ide by the 10' setback. -4- Perhaps the acceptance of this easement by the City of Schertz should be accompanied by a variance allowing mobile homes to be located 10' from the back of the curb on this particular street for a distance of feet from the centerline of FM 78. The consensus of the Commission (at the July 25th meeting) on Items #1 and #2 was acceptance of the 30' R.O.W. and 10' easements, but they would recommend a 25' building setback from the road. Don Decker referred to that recommendation of a 25' setback from the road leading into the site off FM 78. Don Decker reported that Mr. Riedel says no to the setback because it will cost him $3,000 per-month in income. Mr. Decker said Cosmic Futures would like to suggest the Commission consider a 10' setback, leaving the trailers there that encroach and agreeing if a trailer is removed, the one that replaces it will be placed back 10 feet. Mr. Decker said they would also like to suggest the Commission require a 4' fence with no vehicular entrances off that street. There is currently a fence on the right hand side. Merwin Willman commented the fence would be on top of the easement. Don Decker remarked if they put a fence on the other end, it would also be on top of the easement, behind public sidewalk. Merwin Willman then asked if they can't put a fence on the outside of the easement. Don Decker replied no, one trailer lS already setting in the easement. Merwin Willman noted that his big objection to this is the trailers being there and the City's liability. Merwin Wi llman continued on saying the way the Master P Ian is drawn up, there are approximately 175 lots. When you figure at least one vehicle per family (the majority will probably have two), that's a lot of traffic going in and out of there. That, according to Mr. Willman, is his main concern on the City's liability regarding that road. Mr. Willman stated he could go along with the fence requirement, that would cut down on the liability quite a bit. Merwin Willman then asked Don Decker if he would put the fence right along side of the road. Don Decker replied it would be back about 4 or 5 feet with at least a couple of feet between the fence and the sidewalk. Don Decker stated he they can just leave sticks out. has no objection to the fence being 10' if out the little corner where the trailer -5- Steve Simonson related that one of the major areas of concern was the entrance, the City's liabi~ity and the setback. Mr. Simonson also mentioned another area of concern that came up, that everybody agreed to more or less, was that if the streets were to be public (that would be up to City Council), then there would be parking on only one side. Mr. Simonson said Cosmic Futures had agreed to that also. Steve Simonson pointed out the main area of contention was the entrance off FM 78. Chairman Brisgill asked if there's a way they could make that one trailer move' back out of the easement. Steve Simonson answered he didn't think so, but there is an agreement once the trailer moves out, the next one will be set back ten feet. Mr. Simonson indicated he would ask the Inspection Department to keep an eye on the situation. Steve Simonson commented there's one trailer on each side as you come in, and technically they are both inside this easement we're talking about. The one on the right is behind a wooden fence, and there is an agreement once it moves out and another comes in, the new one will be back 10 feet. Mr. Simonson said the main contention was Nu Pecan Drive - the road coming in. ;:-:l-)' Merwin Willman once again mentioned his main concern being the City's liability on this road and he thinks a fence would cut down on that liability. Steve Simonson read some Staff comments regarding Items #1 and #2: "This dedication and width would be satisfactory; however, in the instance of a 25' building setback from the roadway, specifically for that area, the left-hand side of the street - extending from FM 78 to the edge of the subdivision we understand it could not be accomplished due to existing platting and cost from adjacent owner; however, in order to resolve this matter, we suggest. r~quirement including No Parking ,No Vehicle Access, a minimum of a 4' chain link fence, fencing the 10 f easement behind the curb line in order to provide a measure of safety to pedestrians." Don Decker questioned if access or no vehicular vehicular access. by no access they mean no pedestrian access. Steve Simonson replied no Don Decker then commented he could not put a fence at the 10 I line and go through the trailer, but he could put a fence across at 8' ahd not bother anything. Steve Simonson reread the part about "a minimum of a 4' chain link f~nce,. fencing the 10 I easement behind the curb line" for Mr. Decker's Qlarification. -6- Merwin Willman commented it's something Cosmic Futures will need a variance on and the Commission will have to grant it. steve Simonson remarked it's for City Council to grant these. Merwin Willman asked steve Simonson if he's going to let City Council grant the variance and Mr. Simonson replied, the way he understands it, that was stated in the original recommendation from the Commission to Council. Merwin Willman pointed out he thought the Commission was just discussing the variances. Chairman Brisgill noted it would be a variance to the Subdivision Ordinance. Merwin Willman acknowledged there are some of the 13 items the Commission can't approve such as those having to do with water and sewer. Chairman Brisgill wanted to know if the Commission is considering granting a variance at this time or if it's just a discussion. Steve Simonson said we're just getting a consensus of opinion, trying to get everyone to "agree in principle". When asked by Chairman Brisgill, Don Decker said it was his understanding that Cosmic Futures was asking for an agreement with the Commission and City Council that if they did certain things, then such a variance would be granted. Steve Simonson reminded the coarse look at a Master Plan. bring in FEMA maps. Commission this is just a first They still have to do a plat and Merwin Willman asked if discussion of this project is on the City Council's agenda tomorrow night. steve Simonson said yes it 1S. Chairman Brisgill inquired as to whether any changes Planning and Zoning comes to a consensus on will be given to City Council and Steve Simonson said yes. Chairman Brisgill then polled the Commission members to see if there was a consensus of opinion to agree on (a) the 10' setback (except where the trailer encroaches), (b) no vehicle access on either side, (c) no parking at all on the entrance road, and (d) a one foot non-access easement. The Commission agreed on all four points. Don Decker brought up Item #9 , saying the Commission wanted a site plan clearly indicating parkland and said he thinks they have provided one. ' At this time, Chairman Brisgill interrupted Don Decker to review Items #3 through #8 to make sure there was nothing in those items the Commission needs to discuss. -7- Items #3 through #8: '3. Accept the dedication for public use,- and maintenance by the City of Schertz, all the presently installed sanitary sewer mains in the Scliertz Modular Park after those sewer mains have been repaired and cleaned (if necessary) to the satisfaction of the City of Schertz and it's city Engineer. #4. Accept the dedication for public use, and maintenance by the City of Schertz, of the two presently installed sanitary sewer lift stations in the Schertz Modular Park after those lift stations have 'been repaired to the satisfaction of the City of Schertz and it's City Engineer. '5. Accept the dedication for public use, and maintenance by the City of Schert:z, of all the presently installed water mains in the Schertz Modular Park after those water mains have been repaired (if necessary), pressure tested and chlorinated to the satisfaction of the City of Schertz and it's City Engineer. The consensus of the Commission (at the July 25th meeting) on Items #3, #4 and #5 was acceptance if approved by City Staff. #6. Accept a 12' wide easement on the rear of all lots in the Pamela Subdivision for the installation and maintenance of sanitary sewer mains and water mains. -0.- .:.~.. The consensus of the Commission{at the July 25th meeting) on Item #6 was acceptance, but they would recommend it be stated a "minimum" 12' easement. 17. Accept an easement (width to be determined by the City of Schertz) for the installation and maintenance of a 12" water main presently installed and/or to be installed when the location of the presently installed water main in the Schertz Modular Park has been determined, and when the City Engineer has determined where an extension of this 12" main is to be located. The consensus of the Commission (at the July 25th meeting) on Item #7 was acceptance if approved by City Staff. f8. Accept the dedication for public use, and maintenance by the City of Schertz, of all 28' wide streets and 3 ' wide publ ic sidewalks presently installed in the Schertz Modular Park which will be included in the Pamela Subdivision when platted. Some of the presently installed sidewalks are below the curb level. Cosmic Futures, Inc. will guarantee the City of Schertz that each built upon lot will have a 3' wide public sidewalk (at curb height). Sidewalks not installed upon any not built upon lot, at the end of seven (7) years after platting of Pamela Subdivision, shall be installed by the developer at his cost. -8- : The consensus of the Commission (at the July 25th meeting) on Item #8 was acceptance if parking is allowed only on one side of the street. After a brief review of Items #3 through #8, it was decided the Commission could go forward with discussion on Item #9. '9. Accept all of the land presently platted as Schertz Modular Park and not replatted as Pamela Subdivision as park lands at no cost to the city and with no strings attached thereto. Chairman Brisgill asked how much of the parkland is in the 100 year flood plain. Don Decker replied he does not know. steve Simonson commented probably all of it or at least the majority of it is in the flood plain. Chairman Brisgill asked if the Commission has any problems with Item #9 and no one indicated a problem. Item #10: '10. The City of Schertz will agree to allow Cosmic Futures, Inc. full credit for any monies paid the City of Schertz (by the former owners of Schertz Modular Park) for sanitary sewer connection fees, water connection fees, and water meter changes. These credits to be used for the same purpose for which they wer~ originally paid the City. Cosmic Futures, Inc. to designate the lots to which these monies will be credited. The consensus of the Commission (at the July 25th meeting) on Item #10 was agreement if approved by Staff. At this time Don Decker asked the Commission permission to skip to Item #12. Permission was granted. Item #12: '12. Accept an agreement (not a requirement of the platting of Pamela Subdivision) whereby Cosmic Futures, Inc. will purchase an additional 20. wide strip of land along the presently existing 30' wide roadway easement which extends from the southeasterly corner of the Schertz Modular Park to Trainer Hale Road. In the event Cosmic Futures, Inc. is unable to purchase all of this additional 20. strip of land, the City of Schertz agrees to use it's condemnation rights to secure this needed land. Cosmic Futures, Inc. will agree to place in escrow monies in a proportionate amount (as paid for the land acquired) for the City to use in payment of the land condemned~ Cos~ic Futures, Inc. will enter into an agreement with the City of Schertz to dedicate that part of the 50' R.O.W. acquired by Cosmic Futures, Inc. to the City of S~her(z _for public use and -9- maintenance. Cosmic Futures, Inc. will cause engineering plans and specifications to be prepared for a 30' wide roadway - 6" base and a two (2) course surface treatment along with any needed drainage structure for the approval of the city Engineers. Cosmic Futures, Inc. will cause this 30' wide road to be constructed at no cost to the city of Schertz. The consensus of the Commission (at the July 25th meeting) on Item #12 was acceptan~e if Cosmic Futures, Inc. provides an all- weather road with drainage, no curb or gutter required. Don Decker informed the Commission there are 7 people who own property that Cosmic Futures needs to buy land from. They have made some sort of contact with 4 out of the 7. Mr. Bayer has indicated he and his sister-in-law will sell their piece of ground; Mrs. New questions why the City wants the land; and they will most likely have to go to condemnation on Mrs. Burgess' property. Pat New was present at the meeting. Don Decker told the Commission she basically wants to know why the City would want the land and why they would want to maintain it. J':,:"' Chairman Brisgill explained to Mrs. New about the Subdivision Ordinance requiring two means of access to a subdivision. Chairman Brisgill told Mrs. New if you don't have two means of. access, you 'have created an island.with only one way out in case of flood, fire, etc. Pat New asked if the regulations had changed in the past several years. Chairman Brisgill informed Mrs. New the Subdivision Ordinance and the Mobile Home Ordinance had both been revised in the past several years. Chair~an Brisgill emphasized the City is trying to make all of it's ordinances more current. Once again referring to the proposed "Pamela Subdivision", Chairman Brisgill. said there is, as far as he knows, no other means of access and if there r s an emergency, particular ly a flood, most of the land along the creek is in the flood plain. That is the major reason for needing a second means of access. Don Decker pointed out under present regulations of the Subdivision Ordinance, the development Mrs. New lives in doesn't qualify - there's only one entrance. Steve Simonson commented the development where Mrs. New lives was there long before the Subdivision Ordinance went into effect. Chairman Brisgill commented to Mrs. New the City is having to bring her in under the current ordinance. Pat New stated t~ere will be a lot of traffic on that one road. -10- Chairman Brisgill acknowledged that was of concern to the Commission and that's why they want to stick with the configurations. Mr. Brisgill said the health, safety and welfare of citizens is very important to the Commission. Pat New asked if the City is. going to maintain the road. steve Simonson assured Mrs. New the City will maintain the road. Mr. Simonson noted it will be an all-weather type of road, very much like a well-buil t County road without curbs and gutters. Once the road is built, and then accepted by the City, and it will be the City's responsibility to maintain it. Item #11: '11. The City of Schertz Planning and Zoning Commission will recommend to the City Council, and the City Council shall approve, the following items for Pamela Subdivision: -'. a. b. Minimum frontage width Minimum depth (other than rounded corner lots) Minimum square feet Minimum front setback from R.O.W. Minimum interior side panel Minimum setback - corner lots - any street from R.O.W. Accept the platting of all lots where the footprint of the home (to be erected) shall be at or above the One Hundred (10-0) Year flood plain as designated by the Corps of Army Engineers 70'-0" 77'-0. 5,390 20'-0. 5'-0" 20'-0" c. d. e. f. g. The consensus of the Commission (at the July 25th meeting) on Item #11 was they could make no recommendations on items a. through g. until a site plan of the entire proposed project lS made available for their study and consideration. Don Decker wanted to know if the Commission agreed to a. through g. of Item #11. Don Decker said he and Henry Bain were at the site the other day to see how the flood mark on FM 78 compares back into the subdivision. Mr. Decker said the level of FM 78 is about the level of the lower street that is going to be taken out. Mr. Decker further stated Henry Bain says that doesn't mean a thing because you have to take cross sections and the flood plain might be much higher than that when he gets through. Merwin Willman commented that at one of the meetings they discussed the flood plain and concluded there are three different ways to compute it. Mr. Wi~lman said it is his belief they are going to have to follow FEMA guidelines. Chairman Brisgill asked Henr;y Bain what map he uses to ascertain the 100 year flood pl4in. -11- I ! Mr. Bain repl ied he sometimes uses FEMA, sometime the Corp of Army Engineers. Mr. Bain said Merwin Willman is exactly right in saying FEMA has to be called to research these lots, however, FEMA can be changed and it is something they do frequently. Mr. Bain continued on, saying if you can prove FEMA is wrong and follow the procedures, it can be changed. Merwin Willman remarked he wished they could get a new map - the City has lots of land that's not in the flood plain, so what else can they do but follow FEMA. Henry Bain informed him you can go through the procedures for each piece of land you want to change and that's what Cosmic Futures would do. Chairman Brisgill asked if under Item #11 g. they want to list the Corp of Army Engineers and FEMA, but Steve Simonson said no, just FEMA. Merwin Willman commented there is no choice but FEMA. Henry Bain advised the Commission not to follow FEMA bl indly. Mr. Bain said if the City wants his firm to do the study and in the course of that study they prove FEMA is wrong, they will submit a letter of map revision to FEMA. steve Simonson reminded the Commission that Greenfield Village III and Silvertree- were both originally shown 100% inside the flood plain, but due to map revisions and engineering reports, it was agreed to let them go ahead and build. This is the same procedure Mr. Bain is talking about. steve Simonson told the Commission, if they remember, FEMA previously authorized the building of this subdivision in the beginning with the engineering at the time and the R. V. 's being placed where they were. Don Decker and Henry Bain are not saying anything different. The consensus of the Commission on g. of Item #11 was to change the Corp of Army Engineers to FEMA. Chairman Brisgill then polled the Commission members to see if there was a consensus of opinion to agree on a., b., c., d., e., and f. of Item #11. a. Minimum frontage width 70'-0" The consensus was to agree. b. Minimum depth (other than rounded corner lots) 77'-0" The consensus was to agree. c. Minimum square feet 5,390 The consensus was to agree. -12-' d. Minimum front setback from R.O.W. 20'-0" The consensus was to agree. e. Minimum interior side panel 5'-0" There was discussion on this one with Merwin Willman saying if the majority of the Commission goes along with it, fine, but he doesn't go along with it. Mr. Willman wants to keep it at 10' for safety because of the closeness. The consensus for e. was to agree by a margin of 4 to 1. f. Minimum setback - corner lots - any street from R.O.W. 20'-0" The consensus was to agree. Item #12 had already been discussed so the Commission moved on to Item #13. 113. Cosmic Futures, Inc. believes that the present Mobile Home Subdivision Ordinance allows the construction of "stick-built homes" in a mobile home subdivision and would like this matter clarified by the Planning and Zoning Commission and by the Schertz City Council. The consensus of the Commission (at the July 25th meeting) on Item #13 was that this matter should be referred to the legal d~eartment for clarification. Don Decker commented someone was going to check with the City Attorney on this matter and Chairman Brisgill asked steve Simonson if anyone had done so. Mr. Simonson replied he did not know. Merwin Willman asked what the object of #13 is. Don Decker replied he had noticed some "stick-built homes" in a mobile home subdivision in Cibolo and figured someone may want to do that same thing in Schertz. steve Simonson mentioned he had not spoken with the City Manager on this item, but according to Staff comments, if the dimensions are achieved, then "stick-built homes" will be allowed. Mr. Simonson said he would check with Mr. Sweatt and get his opinion and the opinion of the City Attorney. Merwin Willman asked if the names of the streets will remaln the same. Don Decker said as far as Cosmic Futures is concerned they will remain the same and this is also the desire of the power company. Jim Shriver asked if the park area lS just going to be unimproved. Don Decker indicated he thi~ks there is a baseball diamond there right now but was informed~by Steve Simonson there is po~hing left there. -13- Don Decker then commented there are some streets that are going to be abandoned and the City may want them left there. Mr. Decker further stated he hates to tear concrete up and throw it away if it serves some useful purpose. Steve Simonson remarked the utilities are already there and it could make some beautiful park areas. Chairman Brisgill asked for further Staff input. There was none. Chairman Brisgill then asked for further input from Don Decker and Henry Bain. There was none. Jim Shriver'made a motion to recommend to City Council approval of the appropriate changes, as discussed, to the 13 items regarding the proposed Pamela Subdivision. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. 19 CONSIDER AND MAKE RECOMMENDATION: Discussion and Review of Junked Vehicle Ordinance Chairman Brisgill informed the Commission he had asked for this item to be placed on the agenda, but he has since decided he would like to wait until after the APA Conference so he has a chance to talk with other cities and get their ideas and thoughts on it and find out "if they have a similar ordinance. Chairman Brisgill said his feelings on the ordinance are that we have something in there for an antique and something in there for junk, but after we determine they're an antique and being repaired and/or restored, we treat them as junk. We don't have any other designation saying antiques being repaired. We need to divide that - if it's junk, okay, then take care of it (get rid 'of it, screen it, etc.). If however, it's an antique and the person is making a concerted effort (i.e., a car cover) to keep it orderly while repairing it as a hobby or as a business, then Mr. Brisgill doesn't feel right treating the person like a junkyard. Keith Van Dine emphasized his agreement with this opinion and said the City needs to consider allowing a car cover as one of the ways of screening the car from public view. Chairman Brisgill suggested this item be tabled until the regular meeting of October 10th and requested it be placed on the agenda for that date. Mr. Brisgill asked that the Commission members try to write something up because their thoughts ,on this are needed. ' Joe Potempa noted that when this was first discus.sed and car covers were mentioned, the response from the Staff wa~~they would work with people on an individual basis. -14- Councilperson Greenwald told the Commission that at the last Council workshop he had suggested the Council send a letter to the Commission asking them to review the screening portion of the Junked Vehicle Ordinance. Mr. Greenwald questioned if a car cover is a viable option or is there perhaps some other type of screening. Chairman Brisgill commented the Commission needs some leverage, they're locked ~n and need to have an option. There was agreement among the Commission to table this item and have it placed on the agenda of the October 10th meeting. '10 CONSIDER AND MAKE RECOMMENDATION: Reappointment of Those Commission Members Whose Terms Expire (Bob Andrews, Joe Potempa, Jim Shriver) Chairman Brisgill noted that two out of the three are present. Mr. Brisgill asked Joe Potempa and Jim Shriver if they both wish to be reappointed and they replied yes. Chairman Brisgill said he couldn't speak for Bob Andrews. steve Simonson asked Mr. Brisgill if he wanted him to contact Bob Andrews and Mr. Brisgill said yes. Jim Shriver informed th~ Commission Mr. Andrews' wife is ill t: that's why he's absent this evening. ,~'.~ ,,:~ ~ ~. Keith Van Dine made a motion to recommend to City Council, contingent on Steve Simonson contacting Bob Andrews and getting an affirmative answer, the reappointment of Bob Andrews, Joe Potempa and Jim Shriver to another two year term on the Planning and Zoning Commission. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. 111 GENERAL DISCUSSION Merwin Willman: (1) This is the last meeting before the conference. Have the boarding passes been picked up? (No one knew for sure.) We need the forms for obtaining an advance on travel pay and the tax exempt forms. Chairman Brisgill recommended each member planning on attending the APA Conference stop by the Municipal Complex and pick up their airline tickets and necessary forms. Jim Shriver suggested someone check with Bob Andrews to see if he's still going -15- Mr. Willman asked about car pooling to the airport and Chairman Brisgill said they will discuss it after the meeting. (2) Asked if the renaming of a section of Binz-Englemann Road is still pending. Keith Van Dine indicated he thought they were asked to put that on hold until after the situation with Scenic Lake Drive is resolved. Steve Simonson reported he had in hand an agreement sent to him by Michael 0' Neal, Planning Administrator of the San Anto-nio Planning Department, in which they are drafting an agreement to deannex 5 acres, which is the approximate area of the road (the length of it), from San Antonio to be annexed by the City of Schertz. San Antonio has drafted an agreement. Mr. Simonson said he is sending that agreement to the City Attorney for him to look over. As soon as the City Attorney approves the agreement, and Schertz gets the agreement back from San Antonio, they're going to go ahead and sign it. That road will then officially be in our City limits. Chairman Brisgill commented the Commission is still waiting for Keith Van Dine to contact the people in the Schirmerville area and come up with a suggestion for renaming a section of Binz- Englemann. ::~.- ~, Keith Van Dine mentioned again he thought that was supposed to be on hold. Merwin Willman told Mr. Van Dine he could go ahead and get some suggestions for a name. Keith Van Dine said he would Property Owner's Association out Commission on their suggestions. contact the Secretary of the there and get back with the Chairman Brisgill asked Mr. Van Dine if it would be possible to have that information by the Commission's next meeting and Mr. Van Dine said yes. Jim Shriver: (1) Commended the Parks Department for improvements made at the park - bridges installed and cut-off telephone poles put around driveways. (Steve Simonson thanked Mr. Shriver and said he would pass those comments on to the Parks Department.) (2) There's a car in the 400 Block of Aero Ave. that's been there for 6 to 8 weeks and it's plates will expire as of October 1. The car has apparently been involved in an accident and will probably qualify as a junked vehicle even thought it is a fairly modern car. (Steve Simonson said he will check into it.) -16- (3) He will be leaving for Lubbock next Tuesday morning to drive up there and expects to arrive Wednesday afternoon. He is leaving- Lubbock to come back to Schertz Saturday and then leaving again Sunday morning for Padre Island. He expects to be back for the next meeting, but just in case he doesn't make it, the Commission will know where-he is. (4) Regarding the APA Conference, does he have to wear a suit? Both Steve Simonson and Chairman Brisgill informed Mr. Shriver that normally those attending the conferences wear suits. Keith Van Dine: (1) The people in his area are really upset with the condition of Pfeil Road. (steve Simonson suggested Mr. Van Dine tell the people the City can't do anything until the new budget year starts. The City is fully aware of the situation and will remedy it as soon as possible.) (2) They also seem to be having a lot of water problems in the Schirmerville area. (Steve Simonson related that because of the drought and the way the ground has shifted, the City is averaging, over the whole system, 100 major water breaks per month. ) Steve Simonson also told the Commission an 18" water line coming down from the Nacogdoches well, buried 12 t underground, snapped in half four weeks'ago. Mr. Simonson said it drained a 500,000 gallon tank in one hour. Referring back to the Schirmerville area, Steve Simonson said the problem out there is the water lines were never put in correctly. The Schaefer Road System accounts for about 70% of the City's water breaks. (3) Expressed disappointment that his schedule will not allow him to join the others at the APA Conference in Lubbock. Joe Potempa: (1) Reported he has a draft copy of the annual report to City Council. He submitted it to Steve Simonson who okayed it, but he needs to talk to the Commission. What are the Commission's goals for 1990? After some discussion among the members and also after referring back to last year's annual report, Mr. Potempa was given the following suggestions for 1990 goals: - Parkland Ordinance - Sexually Oriented Business Ordinance Zoning of Newly Annexed Areas - Review of Junked Vehicle Ordinance - Review of Overlay District Ordinance for Jack Hays Blvd. - Continuing Review,of Comprehensive Plan ~17- - Possible Review of other Ordinances Mr. Potempa also verified the names of those Commissioners who attended the 1988 APA Conference in Houston. (2) What is the update on 5214 Irola Drive? The neighbors are very upset. They have an 18-wheeler, an old Ford with expired plates, other trash, weeds and animals. (steve Simonson said he had ' given the information to. the Inspection Department, but doesn't know the status, so he will check on it.) steve Simonson said Joe Potempa had also given him an address of 5217 Irola Drive regarding some problems with dogs. Mr. Potempa said that problem has been resolved. Keith Van Dine, being reminded by Joe Potempa's complaint about 5214 Irola Drive, asked if anyone had ever looked into the situation on Pfeil Road where all the trucks are parked. Mr. Van Dine said the person still has a junkyard there. (Steve Simonson said, as far he he knew, the inspectors had not been out in that area. ) Mr. R.D. Richerson of the VFW arrived at the meeting at 8:30 P.M. Councilperson Greenwald: (1) Asked Chairman ,Brisgill if he is ready to give his slide presentation to the Council tomorrow night. (Mr. Brisgill said no, he has a meeting. He will try to make it, but it doesn't look good.) (2) Did anyone read last Sunday's Express News? article of several pages on recycling. There was an Mr. Greenwald said from what he could read right now, recycling is cost prohibitive. Austin's been working on one since 1982. This past year they had a budget of $1,000,000 for it and only had $300,000. It cost them $700rOOO to recycle. Merwin Willman commented he doesn't understand that, the Northeast section of the country they have businesses which seem to be doing all right. because in recycling Mr. Greenwald said part of it depends on where the recyclers are located. The Commission briefly discussed the different types of recycling facilities and the transportation charges involved. Mr. Greenwald remarked there has to be a happy medium somewhere. Jim Shriver asked Mr. Greenwald if he had also kept the article on the landfill, but he said no he had not. -18- steve Simonson: (1) Received a call on September 14th from Haywood Wilson of Winn t s headquarters in San Antonio concerning the letter the Commission had written requesting painted arrows and/or signs at the double entrance/exit onto Schertz Parkway. Mr~ Wilson said he is willing to participate, but it's not going to do any good if he just does his side. (The Commission also sent a letter to Pacific Southwest Savings.) Mr. Wilson told,Steve Simonson if he can get everyone to cooperate, Winn!s will pay their fair share, but someone needs to get all the parties to agree. Mr. Simonson asked 'the Commission if they want him to follow up on this and they said yes. Chairman Brisqill: (1) Informed Mr. Richerson of the VFW the Commission had a split vote on his request so it will be carried over to the next regular meeting which is October 10th. Mr. Brisgill said hopefully someone from the VFW will be present at that meeting to answer questions. Mr. Brisgill requested the VFW furnish the Commission with information on how they plan to convert the sign (1 post? 2 posts? how high?). Mr. Brisgill also requested they give details such as the distance from the building, R.O.W., etc. to help the Commission in making it's decision. #12 ADJOURNMENT Keith Van Dine made a motion to adjourn the meeting. Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. Chairman Brisgill adjourned the meeting at 8:50 P.M. The next regularly scheduled meeting is October 10, 1989. -19-