09-12-1989
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PLANNING AND ZONING MINUTES
The Schertz Planning & Zoning Commission convened in a regular
session on Tuesday, September 12, 1989 at 7:00 P.M. in the
Municipal Complex Conference Room, 1400 Schertz parkway. Those
present were as follows:
PLANNING & ZONING COMMISSION
MEMBERS ABSENT
TY BRISGILL, CHAIRMAN
JOE POTEMPA, VICE-CHAIRMAN
MERWIN WILLMAN
BOB ANDREWS
GEORGE VICK
JIM SHRIVER
KEN GREENWALD, COUNCILPERSON
CITY STAFF
KEITH VAN DINE, SECRETARY
OTHERS PRESENT
WILLIAM PEDEAUX
ROGER RICKETTS
SHARON RICKETTS
DAVID JACKSON
LEON DAVIS
HARRY RICHBURG
STEVE SIMONSON, ASST. CITY MGR.
NORMA ALTHOUSE, RECORDING SEC'Y.
#1 CALL TO ORDER
Chairman Brisgill called the meeting to order at 7:00 P.M.
#2 APPROVAL OF MINUTES: Regular Session August 22, 1989
Bob Andrews made a motion to approve the minutes for the regular
session August 22, 1989. Merwin Willman seconded the motion and
the vote was as follows:
AYES: T. Brisgill, M. Willman, B. Andrews,G. Vick, J. Shriver
NAYS: None
ABSTENTIONS: J. Potempa
Motion carried.
#3' CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none.
#4 CONSIDER AND MAKE RECOMMENDATION: William Pedeaux, 3701
Forsyth Park - Request for Variance to the
Side Yard Setback Requirements of the Zoning
Ordinance in Order to Allow Placement of a
Storage Shed
William Pedeaux was at the meeting to represent this request.
Chairman Brisgill asked for Staff input and steve Simonson said
there was none.
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In his letter of request, Mr. pedeaux had stated his goal is to
be able to use the garage for both cars, which is physically
impossible at this time.
George Vick asked why this is impossible and Mr. Pedeaux replied
because he has to use part of his garage for storage, (lawnmower,
edger, shovel, tools, etc.) and therefore does not have enough
room for both cars. Mr.Pedeaux stressed the need for a storage
building as a place to put these things.
After a brief discussion regarding the gradient of the land on
Mr. Pedeaux' s property, the location of the trees and the 12'
easement in the back, the Commission agreed the side yard seemed
the only feasible place for Mr. Pedeaux to locate a storage shed.
Merwin Willman made a motion to recommend to City Council that
the request from William pedeaux, 3701 Forsyth Park, for a
variance to the side yard setback requirement of the .Zoning
Ordinance, to allow location of a storage shed, be scheduled for
a Board of Adjustment hearing.
Bob Andrews noted he would second the motion if it stipulated
that the storage shed be no closer than 2 and 1/2 feet to Mr.
Pedeaux's house and be located behind the privacy fence.
The Commission agreed to so stipulate and the vote was as
follows:
AYES: T. Brisgill, J. Potempa, M. Willman, B. ~ndrews, J. Shriver
NAYS: G. Vick
ABSTENTIONS: None
Motion carried.
Steve Simonson informed William Pedeaux he will be notified by
letter of the date for the Board of Adjustment hearing on h.is
request.
#5
CONSIDER AND TAKE APPROPRIATE ACTION:
Robert Derrick - Request
Junked Vehicle Ordinance
Roger Ricketts of 916
for Variance to the
Roger and Sharon Ricketts were at the meeting to represent this
request.
Roger Ricketts emphasized that according to webster's Dictionary
his car is not a junked vehicle and went on to say it is an
antique, it is well over 35 years old. Mr. Ricketts continued,
saying his car is covered, is not in his yard, and is hard to
find unless you are looking at his house because it is under the
carport cover.
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Mr. Ricketts informed the Commission he had restored one
vehicle i~ the past and he has recently bought two others, one
which is on his property and another which is in storage in
Cibolo. Mr. Ricketts brought in pictures of his cars for the
Commission to see.
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Mr. Ricketts further stated he had participated with his antique
car, by request, in the opening of the Schertz Parkway and in
several Sche~tz 4th of July parades. Mr. Ricketts further stated
that old cars are as valuable to the public as are old buildings.
Merwin Willman tried to e~plain the definition of a junked car in
Webster's Dictionary versus the definition of a junked car
according to the Ordinance, remarking that the definitions in an
ordinance do not always have the same meanings as those listed in
the dictionary. An ordinance, as with computers and various
occupations and professions, has it's own language.
Chairman Brisgill asked if the car is licensed and Mr. Ricketts
said it is not because he does not have a title, he will have to
apply for a rebuilder's title.
Bob Andrews asked if the inspection requirements for an antique
vehicle are the same as for other vehicles and was informed by
Mr. Ricketts they are.
Bob Andrews asked - Roger Ricketts if he could possibly put the
antique car in his garage. Mr. Ricketts replied no, the other
car, a twin to this one, is in the garage which means he would
have to move it out every time.
Chairman Brisgill informed Mr. Ricketts he sympathizes with his
situation, but the Commission has to work within the confines of
the Ordinance which requires some type of screening around the
vehicle to keep it from public view.
Roger Ricketts asked the Commission for suggestions on how he can
fence or screen his car from public view and then asked if he is
allowed the privilege of seeing the letters that were sent to
other citizens regarding junked vehicles.
steve Simonson informed Mr. Ricketts he is welcome to come into
City Hall anytime and take a look at the list, the records are
open to the public.
Bob Andrews suggested the possibility of putting up slat fencing
with a drive through gate, but Mr. Ricketts felt that would make
it too hard to move his car in and out.
At this time, Sharon Ricketts spoke and told the Commission that
if they expect the citizens to follow a City ordinance, the City
should follow it' s own ordinance and serve notice proper ly.
Mrs. Ricketts .then stated they had not received a certified
letter.
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Upon questioning by the Commission, Mrs. Ricketts explained that
the City Inspector had spoken to her at her place of employment
about the new ordinance and had given her a blank copy of the
form letter that is sent to those in violation.
At this point Bob Andrews made a motion to have this item
stricken from the agenda because the notification was improperly
valid. Joe Potempa seconded the motion and the vote-was unanimous
in favor. Motion carried.
After the vote, Roger Ricketts admitting he knows they are just
buying time until they are officially notified, asked. if the
Commission couldn't grant them 120 days to comply.
Bob Andrews informed him the Commission cannot do that. Mr.
Andrews also mentioned to Mr. Ricketts that from tonight's
discussion, he should have a pretty good idea of what the ruling
will be when he gets his official notification.
Mr. Ricketts then asked if there is anyone to whom he can appeal
his case and Bob Andrews informed him he can appeal to City
Council.
Roger Ricketts commented he is more than a little disappointed in
the City for it's stand on this. There are worse things out
there that need to be cleaned up. Mr. Ricketts stated that he
feels, in all f~irness, 'he should be exempted from this
ordinance.
Jim Shriver said he would like to address this matter. Mr.
Shriver pointed out to Roger Ricketts this ordinance has been in
effect for only two months, a lot of letters have been sent out
and a lot of people have complied. Jim Shriver invited Mr.
Ricketts to drive around the City and take a look, there are
those citizens who have been storing junked vehicles, which are
nothing but trash, in their yards for many years and the City lS
trying to get things cleaned up.
steve Simonson emphasized it's impossible to write an ordinance
for every case and that's why there's an appeal process.
Roger Ricketts then commented he could have
Commission and gone straight to City Council.
informed Mr. Ricketts that was incorrect. The
Zoning Commission is part of the process, but a
appeal the Commission's decision to City Council.
bypassed the
Bob Andrews
Planning and
citizen may
Bob Andrews remarked to Roger Ricketts, that in his opinion, it
had not been demonstrated to the Commission that it is a hardship
for him (Mr. Ricketts) to comply with the ordinance.
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Councilperson Ken Greenwald related he would mention to City
Council the possibility of Planning and Zoning re-reviewing the
Junked Vehic Ie Ordinance insofar as the screening requirements
are concerned.
Mr. and Mrs. Ricketts thanked the Commission for their time.
Both Steve Simonson and Chairman Brisgill apologized to Mr.. and
Mrs. Ricketts for the inconvenience.
#6 CONSIDER AND MAKE RECOMMENDATION: Discussion on Proposed
Change to Subdivision Ordinance Regarding
Parkland
This item was tabled from the August 22nd meeting to give the
Commission time to review it more carefully and come up with any
other recommendations and/or changes. (Copy of original proposals
attached. )
Following discussion at the August 22nd meeting, Merwin Willman
had written up the following suggested changes:
Section 24.8 Monev-in-Lieu-of-Land
Paragraph a. and Paragraph b. stay the same.
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Add:
c. Land acquisition for neighborhood parks by the City shall be
within a 1/2 mile radiug-of the subdivision which generated the
funds.
d. Acquisition of land could occur beyond the 1/2 mile radius but
within a distance which enables the land acquired to be of direct
benefit to the nearest residents of the subdivision which
generated the funds.
e. In all cases, the funds will not be spent for non-acquisition
purposes until it becomes clear that the City will be unable to
acquire land suitable under Paragraph c. and d. above within the
five (5) year limit imposed by this Section.
f. Lacking the opportunity to acquire additional lands within a
reasonable distance to serve the residents of the subdivision
which generated the funds, the funds shall be spent on
improvements of existing park facilities which may be reasonably
expected to be used by residents of said subdivision.
Previous Paragraph c. (All required fees and letters of credit
must be paid/posted as a part of the final plat approval) now
becomes Paragraph g.
One further_change suggested by Merwin Willman was-as follows:
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Section 24.9 Special Fund: Right to Refund
Paragraph b. w............ Any funds paid for such purposes must
be expended by the City within 2 years from the date .........."
Change 2 years to 5 years.
The Commission reviewed Merwin Willman's proposed changes, made
other changes, and clarified answers to any questions they still
had. Among those sul?jects discussed were the development of a
subdivision by units, dedication of parkland at the time the
Master P Ian is approved, dedication of parkland by metes an~
bounds, notations needed on the plat, and what happens to money
given in-lieu-of-Iand when the developer backs out.
The Commission made the following changes;
24.4 Dedication of Less than Two (2) Acres
WheW less than two (2) acres is required to be dedicated ,the
City shall have the right to accept the dedication for approval
on the final plat, or refuse same, and to require payment of
cash-in-lieu-of-land.
\
Change "City" to City Planning and Zoning Commission.
24.7 Development of Subdivision by Units
When the subdivision is to be developed in stages or by units and
the final platting of the park area to be dedicated is to be
included in the second or later unit, the subdivider shall
complete or deliver to the Planning and Zoning Commission, with
the final plat of the first unit of said subdivision, a contract
subject to City Council approval, executed by the subdivider,
providing for the future dedication of such park. The form of
such contract shall be provided by the City Attorney.
Delete the word "future".
24.8 Money-in-Lieu-of-Land
a. Subject to recommendation of the Planning and Zoning
Commission and final approval by the City Council, a landowner
responsible for dedication of land may elect to meet the
requirements of this Section in whole or in part by a cash
payment in-lieu-of-land. Such payment in-lieu-of-land shall be
made at or prior to the time of final plat approval.
Change the first sentence around so the paragraph reads as
follows:
a. A landowner responsible for dedication of land may elect to
meet the requirements of this Section in whole or in part by a
cash payment in-lieu-of-land, subject to recommendation of the
Planning and Zoning Commission and final approval by. the City
Council. Such payment in-lieu-of--land shall be made at or prior
to the time of final plat approval.
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Article II, Section 15, Para. 15.5 Specifications
Merwin Willman had recommended four items be added as Paragraph
r. The Commission agreed to leave in items (1), (2) and (3) and
delete item' (4).
Chairman ~risgill indicated he would like to have these
recommended changes approved by the legal department.
Merwin Willman made a motion to recommend to City Council
approval of the proposed changes, as amended, to the Subdivision
Ordinance regarding parkland. Bob Andrews seconded the motion
and the vote was unanimous in favor. Motion carried.
17
CONSIDER AND MAKE RECOMMENDATION:
Ordinance
Discussion on Sign
This item was tabled at the August 22nd meeting to give the
Commission time to review,- input from other cities' Sign
Ordinances and come up with something workable for the City of
Schertz.
Following discussion at the August 22nd meeting, Merwin Willman
had written up the following suggested changes:
Article III Definitions (Page 3)
1. Recommend the'.following preface definitions:
For the purpose of this Ordinance, the following terms, phrases,
words, and their derivations, shall have the meaning given
herein.
2. Recommend Para. 1, Banners, Flags and Pennants, be deleted
and the following be added to Para. 4, Sign, in the appropriate
alphabetical position:
Sign, Banner: Any sign intended to be hung either with or without
frames, possessing characters, letters, illustrations or
ornamentations applied to paper, plastic or fabric of any kind,
supported by wire, rope or similar means.
Sign, Flag: National flag~ political, professional, religious,
educational or those of corporate organizations, providing such
flags, emblems and insignia are displayed for non-commercial
purposes.
Sign, Pennant: A long, narrow, usually triangular flag composed
primarily of cloth, paper, fabric or other similar non-rigid
material. Used to announce grand openings and/or special events.
Sign, Streamer: A long, narrow strip of cloth, colored paper or
ribbon used separately or with- banners or pennants to- announce
grand openings ~nd/or specia~ events.
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Substitute the following definition for the current definition:
Sign, Free-Standing: A sign which is attached to or part of a
completely self-supporting structure. The supporting structure
shall be set firmly in or below the ground surface and shall not
be attached to any building or any other structure whether
portable or stationary,.
Sign, Wall: Any sign that shall -be affixed parallel to the wall
or.printed on the wall of any building in such a manner as to
read parallel to the wall on which it is mounted; provided,
however, said wall sign shall not project above the top of the
wall or beyond the end of ,the building. For the purpose of this
definition, the wall shall include window area.
3. Recommend the following changes to Article VI, Signs Permitted
1n All Business, Commercial and Manufacturing Districts (page 8):
Section 3, Banners, Flags, Pennants, streamers.
3a. Banners bearing advertising matter shall be considered wall
or free-standing signs depending upon mounting, and shall meet
all regulations pertaining thereto. Permit required.
3b. Pennants and streamers are permitted for use in conjunction
with banners for the announcement of a grand opening of a
business and/or a special event. Permit required.
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3c. Any banners, pennants or streamers found to be obsolete or in
need of repair will promptly be brought to the attention of the
owner. The sign(s) will be removed or repaired within 10 days of
the date of the written notice.
3d. Cloth banner signs without frame may project over and across
street right-of-way provided they are of a non-commercial nature,
not for private profit events. The banners shall be at least
fourteen (14') feet from the street grade. Permit required.
3e. National and/or state flags are permitted. Flags which
an emblem or logo of a firm or corporation are permitted.
flag shall exceed thirty-two (32) square feet, and the top of
pole will not exceed twenty-five (25') feet in height from
ground. Permit required for the construction of a flag pole.
show
No
the
the
Chairman Brisgill mentioned the survey taken by the Schertz
Business Club regarding the Sign Ordinance and the fact that
Planning and Zoning has discussed the ordinance many times. Mr.
Brisgill said he wasn't sure what else could be done, but he
wants the City to come up with a Sign Ordinance that is
enforceable.
At this time the Commission
written up by Merwin Willman.
discussion:
discussed the proposed changes
Folluwing are the results of that
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Section 3, Banners, Flags, Pennants, streamers
Para. 3a. - change to read as follows:
Banners bearing advertising matter shall be considered an adjunct
to wall or free-standing signs. For the purpose of mounting,
they shall meet all regulations pertaining thereto.
Para. 3b. - delete "Permit required".
One other item previously discussed was the date for signs to be
brought into compliance. This is contained in Article VIII, Non-
Conforming Sign Abatement, Paragraph 11. The Commission agreed
it should be changed from Jan. 1, 1990 to Jan. 1, 1995. It was
thought this would give the businesses ample time to comply and
the City ample time to provide each business with a copy of the
Sign Ordinance.
At the June 27th meeting, other changes to the Sign Ordinance.'"
were recommended (copy attached) and they will be included with
the changes recommended at tonight's meeting.
George Vick made a motion to recommend to City Council approval
of the proposed changes, as amended, to the Sign Ordinance. Joe
Potempa seconded the motion and the vote was unanimous in favor.
Motion carried.
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CONSIDER AND TAKE APPROPRIATE ACTION: Discussion on Annual
Report to City Council
Historian Joe Potempa is working on the annual report and
commented he hopes to present it to the Commission at the next
meeting.
This item was tabled until the next regularly scheduled meeting.
#9 GENERAL DISCUSSION
Joe Potempa:
(1) At 5214 Irola there is a car with an expired inspection
sticker, a tractor/trailer which was towed in approximately 8-10
months ago and a bunch of dogs (more than 3). Can the Inspection
Department help?
Steve Simonson said he will have the inspectors check on the
situation.
Mr. Potempa asked if anything can be done about the car with the
expired inspection sticker. steve Simonson replied the City can
send a letter and if it gets no response, the City can publish a
notice in the newspaper. If that gets no response, then the City
can have the vehicle towed away.
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(2 ) Doesn't ,the City have a pooper scooper law? At. 5217 Plaza
Drive there is a 4' animal pen and it stinks. steve Simonson
replied there is a nuisance and a health ordinance.
(3) Across from Mr. Potempa, a'mobile home is being remodeled.
Do they have permits? Steve Simonson said he would check on it.
(4) It is good to be back, the vacation was very enjoyable.
Jim Shriver:
(1) Asked if the City has _a problem with garage sales. Then
asked if the City, in an effort to monitor garage sales, is going
to send out inspectors on the weekends and holidays and pay
overtime.
Mr. Shriver said, in his opinion, if there genuinely is a
problem, then okay. If, however, garage sales are being
monitored for the single purpose of raising revenue, then he
disagrees with the idea, it isn't worth it.
Steve Simonson commented the City of Schertz lS not bad compared
to some other cities.
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Mr. Shriver then asked Steve Simonson if we need an ordinance
regulating garage sales. Mr. Simonson replied there is an
ordinance requiring a person having a garage sale to obtain a
permit. .
Mr. Shriver suggested putting a letter ln the Newsletter about
garage sales.
Joe Potempa asked if ;the inspectors ever noticed a trend in
certain people having frequent garage sales. Steve Simonson said
yes they have and when they do, they usually warn the people
involved and the sales stop.
(2) Suggested that all memos be initialed by the person sending
them.
George Vick:
(1) Asked if center striping is going to be done on Main Street.
Commented that from Schertz Parkway to the Schertz Bank there is
no center striping. Steve Simonson replied there will be
striping in that area.
(2) What lS the status of the request from Steve Lance to locate
an R. V. in Windy Meadow? steve Simonson repl ied Mr. Lance has
requested a hearing before the Board of Adjustment.
(3) Does the City pick up tree limbs? Steve Simonson replied yes
they do - they have a shredder which will come to your ~esidence
for a very reasonable fee.
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(4) On the IH-35 access road, where the people are putting up a
fence to screen their vehicles, there's a broken down front
loader at the front of the property outside the fence. steve
Simonson said he will check on it.
Merwin Willman:
(1) The City is in the process of annexing several areas (on the
zoning map, the land adjacent to the area zoned M-1 which lies
between IH-35 and the MKT railroad and is bounded by FM 2252; and
the land which lies between Wiederstein Road and FM 1103 bounded
by IH-35 and FM 382) and we can assign a zoning to that property
at the same time they go through the annexation process. Does
anyone have any ideas?
Mr. Willman suggested the land adjacent to the M-1 zoning be
continued as M-1 and the land between Wiederstein Road and FM
1103 be zoned Residential/Agriculture.,
Joe Potempa asked if this annexation would include the R.V. park
and the property next to it and was informed it would.
Mr. Willman asked the Commission to think about it because if
they don't assign a zoning classification to it at the same time
it is annexed, it will automatically come in as PD and a public
hearing will have to be held to rezone it. Mr. Willman said he
would like for the' Commission' to work up a poop sheet on the
different zoning classifications.
(2) What is the status of FM 78? Steve Simonson said he should
be getting a decision before too long regarding the 20' easement.
The decision has to be made out of the Dallas office.
Mr. Willman then asked the target date for upgrading PM 78.
Steve Simonson replied it is within the Highway Department's 10-
year plan. Mr. Simonson said he would like to bring the plan to
the Commission once the City is provided with the schematics.
(3) Mentioned the possibility of a special sign district between
the railroad and PM 78 and noted the special sign district
already in the ordinance for businesses along Main Street.
(4) Noticed the First Baptist Church has several signs lying
around town which look like new signs ready to be erected. Do
they have the proper permits?
( 5 ) Did everyone
officers for APA?
receive their ballots for the election of
Everyone said yes.
(6) Wondered about the time frame for installing traffic control
signs in a new subdivision.
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(2) Informed Chairman Brisgill the Council would like to see his
slide presentation prior to his giving it at the APA Conference.
.~.;.:~.
Councilperson Ken Greenwald:
(1) Said he would ask City Council about the possibility of
reviewing the Junked Vehicle Ordinance pertaining to screening
and antique vehicles.
steve Simonson:
(1) When is the Commission going to resume it's work on the City
Comprehensive Plan?
Chairman Brisgill asked that the Comprehensive Plan be placed on
the agenda of the first regularly scheduled meeting after the APA
Conference in Lubbock. (That will be Tuesday, October 10th.)
( 2 ) There are new state laws regarding a vacate and replat of
land and the ordinance will need to be changed. Mr. Simonson
said he would I ike to research the subject further before
bringing anything to the Commission.
(3) He has been appointed the Chairman of the Christmas
Decorations Committee for the City of Schertz and is in need of
volunteers to serve on the Committee. Joe Potempa, Councilperson
Ken Greenwald and Bob Andrews volunteered.
Mr. Simonson said along with volunteers, they will also be
seeking donations.
Joe Potempa asked whatever happened to the idea of people paying
their water bills by rounding them out to the nearest dollar and
having the City put that extra change in a fund for such things
as Christmas decorations. Steve Simonson said as far as he
knew, that idea never got off the ground.
Jim Shriver told Steve Simonson that if he gets a letter to him
asking for donations for Christmas decorations, he will see that
the Schertz Business Club receives the letter and will ask them
if they wish to make a donation.
(4) Don Decker, Henry Bain and possibly a banker, on behalf of
Cosmic Futures, Inc., will be scheduled for the September 26th
agenda. They will be bringing in two items for discussion on the
converting of Pecan Grove Mobile Home Park into a Mobile Home
Subdivision: (1) a Master Plan, and (2) a recommendation for a
25' building setback on Nu Pecan Drive.
Chairman Brisgill:
(1) Suggested the Commission discuss the Junked Vehicle Ordinance
and requested discussion of it be placed on the - agenda of the
next regularly scheduled meeting. -
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David Jackson asked to speak at this time and wondered if the
City shouldn f t consider adding a car cover as part of it's
definition of screening for vehicles.
(2) Is planning a barbeque this Saturday, September 16th, at his
home at 2608 Hidden Grove Lane, and the Commissioners, the Ex-
Officio, the Asst. City Manager and the Recording Secretary and
their spouses are all ,invited.. Bring your own drinks,. ,and
R.S.V.P. by Thursday evening.
(3) Informed Councilperson Ken Greenwald he will be out of town
for a while, but could possibly give his slide presentation to
City Council on September 27th with October 3rd as aback-up.
date.
George Vick remarked he had one more question. Is there a dog
kennel going in the building on FM 1518 'across from the park?
Steve Simonson replied it is a dog grooming and obedience school
facility, but he will check into it.
Joe Potempa asked if there's a church going in where the old Lone
Star building is on Jack Hays Boulevard. He was informed there
is not.
110 ADJOURNMENT
Chairman Brisgill adjourned the meeting at 9:55 P.M.
:::~
The next regularly scheduled meeting is September 26, 1989.
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ARTICLE III
Section 24
Design-Standards
Public' Sites and Open Spaces (Deleted)
Change to:
Section 24
24.1 Purpose.
24.1-A This section is to provide the procedures for the
dedication of adequate land for local public parks in residential
subdivisions and/or provision of cash payments in-lieu-of park
land dedication, and establ ish procedures - for the receipt and
expenditure of these payments.
24.1-B Neighborhood parks are those parks providing for a
variety of outdoor recreational opportunities and located within
a convenient distance from" a majority of the residences to be
served thereby.
24.2 Park/Recreational
Used for Single-Family
Purposes.
When a final plat is filed for development of a residential area
within the City, or within the area of extraterritorial
jurisdiction of the City, 'the plat shall contain the dedication
of an area of land for park purposes. Each area shall equal one
(1) acre for each one hundred thirty-three. (133) proposed
dwelling units. Any proposed preliminary plat submitted for
approval shall show the location of the area proposed to be
dedicated for park land.
Land in a Residential Subdivision to be
Dwelling and/or Apartment Residential
24.3 The Development of Areas Smaller Than One (1) Acre.
The development of areas smaller than one (1) acre for public
parks purposes is considered impractical. Therefore, if fewer
than one hundred thirty-three (133) units are proposed by a plat,
the developer shall be required to pay the applicable cash-in-
lieu-of-land amount rather than to dedicate any land area. No
plat showing a dedication of less than one (1) acre shall be
approved.
24.4 Dedication of Less Than Two (2) Acres.
When less than two (2) acres is required to be dedicated, the
City shall have the right to accept the dedication for approval
on the final plat, or refuse same, and to require payment of
cash-in-lieu-of-land.
24.5 Dedication Procedures.
The dedication required by this Section shall be made by filing
of the final plat or documentation. If the actual number of
completed dwelling units exceeds the figure upon which the
original dedication was based, such additional dedication shall
be required and shall be made by payment of cash-in-lieu-of-land.
"".~'.':.,-~:,'.;~::;.;' .
...:......... .'......'..~.~ .........._..........- -.- .__~~,__ "': ....::.": ':,0-<-.......,.,'.
24.6 Park Land Dedication by Commercial or Manufacturing
Subdivision.
Land to be solely for nonresidential use, located within the City
or within the area of extraterritorial jurisdiction of the City,
shall not be required to be dedicated as park land or have monies
paid in-lieu thereof. Provided, however, that if it should be
desired to make residential use of the property at some future
time, no building permit shall be issued for residential
construction and no residential construction shall commence until
the owner satisfies the then existing requirements in the
platting for park dedication or park payments.
24.7 Development of Subdivision by Units.
When the subdivision is to be developed in stages or by units and
the final pltitting of the park area to be dedicated is to be
included in the second or later unit, the subdivider shall
complete or deliver to the Planning and Zoning Commission, with
the final plat of the first unit of said subdivision, a contract
subject to City Council approval, executed by the subdivider,
providing for the future dedication of such park. The form of
such contract shall be provided by the City Attorney.
24.8 Money-in-Lieu-of-Land.
~:):
a. Subject to recommendation of the Planning and Zoning
Commissi,en and final approval by the City Council, a landowner
responsible for dedication of land may elect to meet the
requirements of this, Section in whole or in part by a cash
payment in-lieu-of-land. Such payment in-lieu-of-land shall be
made at or prior to the time of final plat approval.
b. Land dedication may be met by a payment of money in-lieu-of-
land at a per-acre price set from time to time by resolution by
the City Council, sufficient to acquire land and provide for
adjacent streets and utilities for a neighborhood park. Unless
changed by City Council, such per-acre price shall be computed on
the basis of $225.00 per dwelling unit.
c. All required fees and letters of credit must be paid/posted
as a part of the final plat approval.
24.9 Special Fund: Right to Refund.
a. A special fund for the deposit of all sums paid in-lieu-of-
land dedication shall be established. This fund shall be known
as the Park Land Dedication Fund.
b. The City shall account for all sums paid in-lieu-of-Iand
dedication with reference to the individual plats involved. Any
funds paid for such purposes must be expended by the City within
2 years from the date received by the City for acquisition of
development of a neighborhood 'park. Such funds shall be
considered to be spent on a first in, first out basis. If not so
_expended I the owners ot:the property on the last day of such
period shall be entitled to a prorata refund. The owners of- such
"-",,, ..........,..-.-.;_.................~..'-~...;:.........:....:.....,,; :...-....,.;..._~ . ......,;:.....,,;,;:-,.... '-'''''-
...-~ ...........~~ . .~.......,. " ~........,......,_.....u ~.'......_._~.___ '.. ~...~ _"_ ._-,-....'~,. ..._.'..~',.~....,.............-, .;,;....:............_......;..:.....;..,..,...~....;..:...;:..._.;...t...,;,.........,-..........:.. _,."-,_'...'"::.~....:.~:".~.,....,...,'._~._."..,.....:._.,_...__ ....-..... ...... ....~.~...'.n~......,:..~... ,..,'~....._..' --,_ '._....:.~.........~.._,. . -...;....i...., . .;........ '.' ....~.
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property must request such refund within one (1) year of
entitlement, in writing, or such rights shall be barred.
24.10 Conveyance of Title.
In addition to ,a formal dedication on the plat to be recorded,
the subdividers shall convey the required land to the City by
general warranty deed. The land so dedicated and deeded shall
not be ~ubject to any reservations of record, encumbrances of any
kind, or easements which, in the opinion of City Attorney, will
interfere with the use of the land for parks or recreational
purposes.
24.11 Location Within Subdivision.
a. A central location within the subdivision which the park will
serve will be acquired unless the location at the edge of a
subdivision will facilitate the combination of dedicated park
area to form a single park to serve two or more subdivisions.
The subdivider will contact adjoining landowners and present a
schematic plan proposing joint dedication with the prel iminary
plat. If necessary for optimum park placement, proposed parkland
may be split into two (2) or more separate parks. In no case
will a park contain less than 2 acres.
b. At least 50 percent of the dedicated park site shall be
level, well drained and suitable for open play.
c. Potable water, and sewage connections shall be readily
available at the park site, with water and wastewater lines
located along the street frontage. The appl icant must
demonstrate that sufficient living units equivalent to serve the
park are available within these water and wastewater lines.
d. Any detention ponds and/or other drainage facilities to be
placed in areas which are to be dedicated as park land must be
designed and constructed to al so allow for recreational use.
Construction plans may be required to demonstrate that the
design, placement and construction of such ponds meet the
requirements of the City.
e. If the City determines that sufficient park area is already
In the public domain in the area of the proposed development, or
if the recreation potential for the area would be better s~rved
by expanding or improving existing parks, the City has the right
to accept the final plat or to refuse same.
24.12 Flood Plain
The flood standards shall apply to all land proposed for
dedication or park land which is located in the 100 year flood
plain:
a. Every acre of dedicated park land located inside of the 100
year flood plain shall count as 1/2 acre of land toward the
subdivision's total park land dedication requirement.
b. Flood plain areas will be considered based on the following
criteria:
The flood:. plain area is easily accessible and provided with
adequate street frontage.
- There has been minimal alteration of the natural character of
the waterway and the flood plain area.
- In no case will flood plain areas be accepted which are less
than 100 feet in width.
The area's configuration and topography is suitable for the
placement of low-intensity facilities such as playgrounds,
picnic facilities and open play fields.
\
24.13 Development of Neighborhood Park by Subdivider.
The subdivider may have the option of developing the park, with
the City's concurrence, prior to acceptance of the subdivision by
the City. Such park improvements shall be in cbmpliance with the
recommendations of City staff, the Planning and Zoning Commission
and the final approval of the City Council. Should this option
be exercised, the City and the subdivider shall, prior to
initiation of work on such improvements, enter into a contract
for reimbursement of subdivider expenses for authorized park
improvements upon final acceptance of improvements in the park.
Such contract, if all parties agree, may provide for
reimbursement over an extended time period with interest on the
unpaid balance.
24.14 Private Park Land.
a. No more than 50 percent of a subdivision's total park land
dedication requirement may receive credit as private park land.
A combination of land and facilities may be counted toward the
allowable 50 percent credit.
b. The applicant must submit a condominium declaration,
homeowner's agreement or similar document which establishes the
private ownership and maintenance responsibility of any private
park areas established to meet the requirements of this
Ordinance. In addition, a plat note must be included on the
preliminary plat and final plat stating the ownership and
maintenance responsibility of all private park areas.
c. A covenant to be recorded and to run
restricting use of private parks and facilities
recreational purposes must be submitted prlor
acceptance.
with the land
for park and
to final plat
24.15 Submittal Requirements.
All information required by this Section of this Ordinance must
be submitted at the time the preliminary plat is submitted to the
Planning and Zoning Commission for review.
t-. ..
ADD the following as Paragraph "r" to Article II, Section 15,
Para. 15.5, Specifications (Page 11):
( 1 ) The boundary lines and acreage of the land proposed to be
,dedicated to the city for public park land.
( 2 ) The boundary 1 ines and acreage of the land proposed for a
private park (if applicable). Plat notes indicating ownership
and responsibility for maintenance, Paragraph 24.14.
(3) plat note indicating the calculation used to determine the
acreage for the public park land.
;~
(4) Plat note that the proposed park land will be dedicated to
the city by a general warranty deed upon acceptance of the
subdivision by the City.
If ·
INDEX OF ARTICLE III, SECTION 24
24.1
24.2
24.3
24.4
24.5
24.6
24.7
24.8
24.9
24.10
24.11
24.12
24.13
24.14
24.15
Purpose
Park/Recreational Land in a Residential Subdivision
to be Used for Single-Family, Duplex and/or
Apartment Residential Purpose
Development of Areas Smaller Than One (1) Acre
Dedication of Less than Two (2) Ac~es
Dedication Procedures
Park-Land Dedication by Commercial or Manufacturing
Subdivision
Development of Subdivision by Units
Money-in-Lieu-of-Land
Special Fund: Right to Refund
Conveyance of Title
Location Within Subdivision
Flood Plain
Development of Neighborhood Park by Subdivision
Private Park Land
Submittal Requirements
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PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission- convened in a regular
session on TuesdaY,~at 7:00 P.M. in the Municipal
Complex Conference ~chertz Parkway. Those present
were as follows:
#2
APPROVAL OF MINUTES:
T MCLAREN, GARDEN
RI E QUALITY CLOSEOUTS
SU ANNE MUELLER
PLANNING & ZO
COMMISSION
PRESENT
TY BRISGILL, CH IRMAN
JOE POTEMPA, VIC -CHAIRMAN
MERWIN WILLMAN
BOB ANDREWS
GEORGE VICK
KEN GREENWALD,
KEITH VAN DINE,
STEVE SIMONSON,
ASST. CITY MANAGER
SHIRLEY HAMM,
RECORDING SECRETARY
DON BRODEUR,
CITY INSPECTOR
MEMBERS ABSENT
#1 CALL TO ORDER
Ch~~rman Brisgill called
Session June 13, 1989
Merwin Willman made a mot n to approve the minutes for the
regular session June 13, 1 8. George Vick seconded the motion
and the vote was unanimous in avor. Motion carried.
'4
CONSIDER AND
#3 CITIZENS' INPUT
There was none.
APPROPRIA E ACTION: Suzanne Mueller -
est for Exception to Easement
uirement at 2908 Bent Tree Drive~
enshire Oaks S bdivision
this request.
Suzanne Mueller
Chairman Brisgill
Steve Simonson eported that althoug the plat received by
Planning and Zon' g shows the electric i that back easement, the
electric was in fact put in the front. Only the telephone and
the cable are n the back easement. M. Simonson said, upon
checking the inutes, it was found Mr. aughan had requested
approval, dep ding on the lot, to put t e electric in front
whenever pos ible and the consensus of the Commission was
approval of hat request. Mr. Simonson als related that Lupe
,
I'
, )
Joe Potempa
the Inspectionfiepartment has been
violation of ~is Ordinance to give
Mr. Brodeur further sta
working with individuals
them time to comply.
Bob Andrews asked what happ
has been done to correct the
d of 30 days if nothing
Don Brodeur replied if nothing
towed away.
done, -the vehicle will be
Bob Andrews then asked if
Brodeur there is no bill
company absorbs the cost.
by Don
towing
Don Brodeur replied it 's normally good fo 6 months, but if Mr.
De Luna cannot comply within the 30-day ex ension, the vehicle
will be towed away.
17 CONSIDER AND TAKE APPROPRIATE ACTION:
Chairman Brisgill commented that Don Brodeur, City Inspector, has
written up some suggestions on possible changes to the Sign
Ordinance (Copy Attached).
<:
Mr. Brisgill continued on by saying he doesn't mind reviewing the
entire ordinance, but hates to take the time to put together a
good ordinance and then find it is not enforced.
A couple of suggestions Chairman Brisgill had were to list the
prohibited signs at the beginning of the Ordinance rather than
under Article VII and to impress upon City Council we need to
have the Inspection Department set aside a certain amount of time
to devote to enforcement of the Sign Ordinance.
The Commission, using the Sign Ordinance and Don Brodeur's list
of possible changes, reviewed, discussed and made their comments
and suggestions to the following:
ARTICLE II 4.
Change from: "Except as herein provided, no person or business
firm, acting either as principal or agent, shall alter the copy,
face or lettering of any sign, except for Section signs with
temporary messages made from interchangeable characters, attached
to tracks or grooves on the sign board, either by changing the
message, or shall erect any sign or sign structure until a sign
permit for such work has been issued by the Building Official to
a bonded contract or the owner or occupant of the premises where
the work is to be done."
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'i
t' d
To: "Except as herein provided, no person or business firm,
acting either as principal or agent, shall erect any sign or sign
structure until a sign permit for such work has been issued by
the Building Official to a bonded contract or the owner or
occupant of the premises where the work is to be done."
ARTICLE II 9.
Delete entire #9: "Signs with flashing, blinking or traveling
lights shall have light bulbs which do not exceed thirty-five
(35) watts."
ARTICLE III Section 41.
"Sign, Portable or Mobile: Any sign designed or constructed to
be easily moved from one location to another, including signs
mounted upon or designed to be mounted upon a trailer, wheel
carrier or other non-motorized mobile structure. A portable sign
which has it's wheels removed shall still be considered a
portable sign hereunder; used for a short period of time to
announce a special event or activity."
Change the first sentence to read as follows: "Any sign,
excluding A-frame or sandwich-type signs, designed or constructed
to be easily moved from one location to another, including signs
mounted upon or designed to be mounted upon a trailer, wheel
carrier or other non-motorized mobile structure."
ARTICLE VI Section 5c.(6)
Change from: "Auxiliary signs shall not be permitted affixed to a
free-standing sign." To: "Auxiliary signs shall be permitted."
ARTICLE VI Section 5m.(6)
Change from: "Billboards shall be set back at least fifty (50')
feet from the right-of-way of any street, road, expressway or
interstate highway." To: "Billboards shall be set back at least
fifty (50') feet from the property line ..~..
The Commission also discussed flags and banners saying four
things should be considered when approving flags and banners: (1)
quality control, (2) the number, (3) a time limit, and (4)
safety.
Among the other items discussed were message boards versus
banners, the definition of auxil iary signs, advertising signs,
promotional signs, portable signs, non-professional looking
signs, billboards, bandit signs, garage sale signs and itinerate
merchant (i.e., fruit peddler) signs.
It was fel t there will need to be a change in the date for
compliance when the Sign Ordinance is revised.
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4 '
..
I' ,'}
Bob Andrews recommended that when the Sign Ordinance is revised,
a copy be sent by certified mail to those in nonconformance.
Chairman Brisgill asked that under ARTICLE VI, Section 5i.,
Temporary Business Promotional Signs, the Commission take their
thoughts and come back later with their ideas on these signs.
. ";""~.;;P
Further discussion of the Sign Ordinance will be placed on the
agenda after the suggested changes above have been incorporated.
CONSIDER AH\TAKE .APPROPRIATE ACTION:
, Requ1rements for 1989-90
steve Simonson inf med the Commission the APA has gone up on
it's membership fee. Also, they will cont nue to receive three
publications, the "z ning Bulletin", "Zo ing News" and "Zoning
Report".
t8
of Budget
George Vick expressed t is going to need
professional input for suggested adding a
consultant's fee to the udget requ. ements. Mr. Vick indicated
that if Planning and Zoni doesn't use it, the Council could put
the money in something els. Stev Simonson said that depends on
whether or not Council appr ves
Merwin Willman
cost to hire a consultant.
steve Simonson
input required
$2,000.
amount of professional
suggested a figure of
Bob Andrews remarked if i 's not used this year, it can be used
later. steve Simonson a not correct, it has to be
used, it can't be carrie
Steve Simonson reminde
to know who will b
October.
the Commissi n that Norma Althouse needs
attending th Conference in Lubbock in
After review of last year's budge requirements and some
discussion, the Co ission arrived at th following figures: $600
for memberships nd publ ications , $750 or recording fees, and
$4200 for traini g, conferences and travel
#9 GENERAL
George Vick on a tra9tor over on I Pecan on
private pro rty. Steve Simonson reported tha a letter had been
sent with 0 results. Mr. Simonson further s ted it cannot be
parked on / the street, but the City is not uthorized to do
anything bn private property and so they don' know yet what
action can be taken.
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