06-13-1989
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PLANNING AND ZONING .MINUTES
The Schertz Planning' and -Zoning Commission convened in a regular
session on Tuesday, June 13, 1989 at 7:00 P.M. in the Municipal
Complex Conference Room, 1400 Schertz Pa.Fkw'ay. Those present
were as follows:
PLANNING & ZONING COMMISSION
OTHERS PRESENT
TY BRISGILL, CHAIRMAN
JOE POTEMPA, VICE-CHA1RMAN
KEITH VAN DINE, SECRETARY
MERWIN WILLMAN
BOB ANDREWS
JIM SHRIVER, SCHERTZ
BOSINESS CLUB
MAUREEN BUSBY
CITY STAFF
MEMBERS ABSENT
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STEVE SIMONSON,
ASST. CITY MANAGER
NORMA ALTHOUSE,
RECORDING SECRETARY
GEORGE VICK
11 CALL TO ORDER
Chairman Brisgill called the meeting to order at 7:00 P.M.
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12
APPROVAL OF MINUTES: A. Regular Session May 23, 19,89
B. Joint Public Hearing and
Speci~al Session June 6, 1989
A. Regular Ses'sion May 23, 1989
Keith Van Dine made a motion to approve the minutes for the
regular session May 23, 1989. Merwin Willman seconded the motion
and the vote was as follows:
AYES: T. Brisgill, J. Potempa, K. Van Dine, M. Willman
NAYS: None
ABSTENTIONS: B. Andrews
Motion carried.
B. Joint Public Hearing and Special Session June 6, 1989
Merwin Willman made a motion to approve the minutes for the Joint
Public Hearing and Special Session June 6, 1989. Keith Van Dine
seconded the motion and the vote was as follows:
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AYES: J. Potempa, K. Van Dine, M. Willman, B. Andrews
NAYS: None
ABSTENTIONS: T. Brisgill
Motion carried.
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13 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
Jim Shriver of the Schertz Business Club brought up several items
at this time:
(1) Concerning the Wuest's parking lot and the entrances off
Schertz Parkway, no one wants to claim ownership of the property.
Mr. Shriver suggested that maybe the City would like to follow up
on it and determine the owner. Chairman Brisgill asked Steve
Simonson about the City doing this and Mr. Simonson said he would
check into it.
(2) The Citi,zen's Leadership Panel has completed it's review and
is in the process of compiling a report. Per Kerry Sweatt's
request, Mr.' Shriver will be giving a report to City Council at
their workshop tomorrow evening. The Panel will meet again on
July 6th.
(3) Said as of this Friday, he will be out of town for two weeks
on vacation.
14 CONSIDER AND TAKE APPROPRIATE ACTION: Maureen Busby
Request for Extension of Time Allowed to
Comply with Junked Vehicle Ordinance
Maureen Busby was at the meeting to represent this request.
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Chairman Brisgill asked for Staff input. Steve Simonson informed
the Commission that due to financial 'circumstances, Maureen Busby
is requesting a 30 day extension and it is his understanding she
has a deal going with her neighbor whereby they will share in the
cost of the fencing because they will be fencing her house and
al so the one next door. Mr. Simonson said the neighbor has
already obtained the appropriate permits from the City. Ms.
Busby informed the Commission she also has obtained her permit.
Steve Simonson further reported the Staff thinks this is viable
request because Maureen Busby has come forward and talked with
the City and is trying to work with them and the permits have
already been obtained.
Maureen Busby commented she has spoken with Joe Marks about
picking up the Volkswagen and because there is no title, she
needs a form from the Inspection Department in order for Mr.
Marks to do so.
Chairman Brisgill asked Steve Simonson if he is familiar with
this form and Mr. Simonson, said he would check with the
Inspection DepartmeQt and also asked: Ms. Busby to call him about
it. '
Joe Potempa mentioned that in addition to. the Volkswagen, there
is what appears to be a truck body on the property and he asked
Maureen Busby about it's purpose. Ms. Busby repl ied it is a
utility truck and will eventually' be put on a trailer and used.
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Joe Potempa asked Maureen Busby if she has a business up there.
To this she replied she does not, it is her 'home.
There was discussion about the fact that -this' request from
Maureen Busby deals with both' the trash and the junked vehicles
Ordinances.
Maureen Busby noted that the fence should take care of this
problem. Chairman Brisgill pointed out the property still has to
be cleaned up and Ms. Busby said they have been cleaning up, a
little bit ata time.
Bob Andrews asked if the recommendation has to be made to City
Council and Merwin said no, Planning and Zoning has the final
decision.
Bob Andrews made a motion to approve the reque~t from Maureen
Busby fora"'" 30-day extension of the time allowed to' comply with
Article II Section 10.19 and Article III Section 10.54 of the
Code of Ordinances.
Joe Potempa seconded the motion and the vote was unanimous in
favor. Motion carried.
Steve Simonson told the Commission the City is getting a lot of
movement out there with quite a bit of voluntary compliance to
the junked vehicle and the trash Ordinances. Mr. Simonson also
stated they are finding a lot they didn't realize was there.
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CONSIDER AND MAKE RECOMMENDATION:
Proposed Amendments to
Zoning Ordinance
A. Nonconforming Use
B. Exceptions
C. Adult Oriented Business
Merwin Willman had written up some proposed changes to the Zoning
Ordinance and presented them to the Commission several weeks ago
for them to look over and consider.
A. Nonconforming Use
After a brief discussion, the Commission decided to go with the
proposal as written.
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Bob Andrews made a motion to recommend to City Council approval
of the proposed amendment to the Zoning Ordinance (copy attached)
regarding Nonconforming Use. Keith Van Dine seconded the motion
and the vote was unanimous in favor. Motion carried.
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B.' Exceptions
After a brief discussion, the Commission decided to go with the
proposal as written.
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Bob Andrews made a motion to recommend to City Council approval
of the proposed amendment to the Zoning Ordinance (copy attached)
regarding Exceptions. Joe Potempa seconded the motion and the
vote was unanimous in favor. Motion carried.
C. Adult Oriented Business
Merwin Willman commented
Ordinance regarding this
beginning.
the city needs
subject and this
something in
will serve
the
as a
There was some discussion on the definition of an adult: video
store and on the interpretation of such definition. Keith Van
Dine mentioned he thinks there is some rule about the primary
purpose of an establishment.
The Commission also opted to remove the word "morals" from Merwin
Willman's proposed Section 5.1 - Purpose and Intent. There were
no other changes suggested.
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Bob Andrews made a motion to recommend to City Council approval
of the proposed amendment to the Zoning Ordinance (copy attached)
regarding adul t oriented business. Keith Van Dine seconded the
motion and the vote was unanimous in favor. Motion carried.
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'6 CONSIDER AND TAKE APPROPRIATE ACTION: Review of Current
Sign Ordinance
Chairman Brisgill asked if there had been any more feedback from
the Schertz Business Club and Steve Simonson replied there had
not.
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Chairman Brisgill commented when the Commission starts to review
the Sign Ordinance, he, personally, would like to have Don
Brodeur, City Inspector, at the first couple of meetings to
represent the Inspection Department's side of the issue. -
Mr. Brisgill continued on, saying that the Sign Ordinance may
look good to the Commission, but apparently it is not because it
is not being complied to by the business community.
Councilman Greenwald suggested having Don Brodeur draft up a list
of problem areas.
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Merwin Willman remarked that people keep saying what's wrong with
the Ordinance, but no one makes any suggestions as to how to
correct the problem. Mr. Willman also pointed out that
apparently people don't realize that if it is not listed in the
Ordinance, it is not authorized.
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Chairman Brisgill mentioned having the inspectors draft a list: of
problem areas and then having Don Brodeur attend th~' first
meeting in July.
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steve Simonson related that he has now made two presentations to
the Business Club, the inspec'torshave talked with the businesses
and told them to call him, but no one has called, and they are
getting no assistance from the Business Club on feedback.
Chairman Brisgill indicated m~ybe the Commission needs to review
all the steps that have been taken, cover all the bases, and then
proceed.
Bob Andrews asked if the City could go after the contractor
instead of the business because the contractor knows he needs to
get a permit.
Joe Potempa noted that he thinks it's in the Southern Building
Code that if the work is done without a permit, then the fee to
get a permit doubles.
The consensus of the Commission was that it is better to go after
the business rather than the contractor.
Bob Andrews made a motion to table Item #6 (Review of Current
Sign Ordinance) until the next available meeting which Don
Brodeur is able to attend. Joe Potempa seconded the motion and
the vote was unanimous in favor. Motion carried.
17
CONSIDER AND
TAKE APPROPRIATE ACTION: Discussion on
Questions to be Asked of Planning and Zoning
Applicants/Candidates
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Chairman Brisgill advised that the applicants/candidates should
be asked to attend the next regular meeting. Mr. Brisgill also
said he would like to have paper ballots for the voting if that
presents no problem according to the regulations. steve Simonson
said he will check into it.
Keith Van Dine brought up the possibility of having the
applicants in one at a time for the interviews and asking them to
step out when the Commission votes. Steve Simonson said he will
check into this also.
The Commission, at this time, discussed the number of questions
and the specific questions each would ask the applicants.
18 GENERAL DISCUSSION
Merwin Willman:
(1) Anything new on Don Decker's plans for Pecan Grove?
Steve Simonson answer~d he thinks there's enough input now from
the City's side, and they have asked Mr. Decker to put everything
(specifics) in writing so they know his intentions.
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Mr. Simonson also commented there is a great deal of discussion
going on between three different engineers about where the
floodplain is on that property.
(2) Reminded the Commissioners about the APA Conference and that
they should let Norma Althouse know, as soon as possible, who is
going so the reservations can be made.
(3) On the IH-35 access road, down from Mobile Villa, there is a
billboard which is falling apart. Can the City get rid of it?
Steve Simonson said he will check on it.
Councilman Greenwald:
This Wednesday evening at 7: 00 P.M., CVADAC is presenting a
program on "Coping With Anger".
Joe Potempa:
Mobile Villa had a water main break last week and the Water
Department personnel did a terrific job of repairing it and in
good time.
Steve Simonson:
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(1) Would like to reiterate about the inspectors going out there
and trying to enforce the Ordinances. Asked that if any of the
Co~issioners see a violation, then give the City a call.
(2) Has mentioned the deteriorating condition of Pfeil Road to
the Street Department and they will be trying to get out there to
do something about it.
Chairman Brisgill:
(1) Have we heard anything from the Census Bureau?
Steve Simonson informed the Commission that no one has written
back to us, however we did call them and were told our main job
is to promote the census. Only employees of the federal
government are permitted to take the census.
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Mr. Simonson further stated that with surveys, etc. you only
reach about 1/3 of the people, so there has to be a better way.
Mr. Simonson said the emphasis this time will be on minorities,
therefore we need to get the word out. Mr. Simonson mentioned
the Census Bureau is supposedly coming out in December with a
designated map and assured the Commission he will keep pursuing
the matter.
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(2) ,rndicated he will bring up 5 or 6 things at the next meeting.
which he thinks are important to the City and which he is
considering including in his presentation at the. upcoming APA
conference. Mr. Brisgill said he would like to run these ideas
by the Commission and' get their input.
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steve Simonson stressed that the Commission needs to support
Chairman Brisgill in this effort.
Before the close of the meeting, Jim Shriver asked if he can be
considered for the vacancy on the Commission if he's out of town.
Bob Andrews replied the only way he knows how to accomplish this
is for Mr. Shriver to write a letter to Steve Simonson asking to
be considered by the Commission, giving adequate information
about himself and then having Steve Simonson present it on his
behalf.
After further discussion, Keith Van Dine realized he will
possibly be unable to at.tend the' next meeting and so Chairman
Brisgill requested that the applicants be asked to attend the
meeting on July 11th rather than June 27th as previously
suggested. This solved Jim Shriver's problem since he will be
back in town for the July 11th meeting ~, ,'.
19 ADJOURNMENT
Chairman Brisgill adjourned the meeting at 8:23 P.M.
The next regularly scheduled meeting is June 27, 1989.
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