06-06-1989
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PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission and City Counci:l
conducted a Jo,int.Public Hearing on Tuesday, June 6, 1989 at 7:00
P.M. in the Municipal Complex Council Chambers, 1400 Schertz
parkway. Those present were as 'follows:
PLANNING & ZONING COMMISSION
CITY COUNCIL
JOE POTEMPA, VICE-CHAIRMAN
KEITH VAN DINE, SECRETARY
MERWIN WILLMAN
BOB ANDREWS
MAYOR EARL SAWYER .
COUNCILMAN EARL HARTZOG
COUNCILMAN HAL BALDW!N
COUNCILWOMAN BARBARA STANHOPE
COUNCILWOMAN MARY MARSH
COUNCILMAN KEN GREENWALD
MEMBERS ABSENT
TY BRISGILL, CHAIRMAN
GEORGE VleK
CITY STAFF
KERRY SWEATT, CITY MANAGER
ALICE AUSTIN, DEPUTY CITY SECRETARY
STEVE SIMONSON, ASST. CITY MGR.
NORMA ALTHOUSE, RECORDING SECRETARY
'1
CALL TO ORDER
Mayor Earl Sawyer called the meeting to order at 7:00 P.M. and
turned it over to Planning and Zoning Vice-Chairman Joe Potempa.
Vice-Chairman Potempa explained the rules of procedure that would
be used for the public hearing.
'2 PUBLIC HEARING: Exception to Zoning Ordinance - ZC #94
To receive citizen comments on the request by John Lund for an
exception to the Zoning Ordinance to allow placement of mobile
homes on FM 1518, Lots 1851 and 1871. The property is currently
zoned General Business.
Vice-Chairman Potempa asked for Staff input.
Steve Simonson gave a brief presentation on the location of the
property saying the current lots are one foot (1') out of the 100
year floodplain. Mr~ Simonson also stated seven (7) letters were
sent out to property owners within 200' and one (1) was retu~ned.
The one' returned was opposed to granting a zoning exception an.d
suggested, that if the zoning is 'in error, changing the~zoning o~
the property instead.
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John Lund was not present at the public hearing.
There were no questions or remarks from citizens.
Councilman Hartzog remarked that he thought 'the person requesting
the public hearing was supposed to be in attendance. Steve
Simonson said Mr. Lund had been notified, but there had been no
response from him.
Councilman Hartzog commented that the property has never been
platted and steve Simonson acknowledged that is correct.
Councilman Hartzog questioned if Mr. Lund wouldn't be required to
comply with the Subdivision Ordinance and wa's told by Steve
Simonson that he would be.
Councilman Hartzog: then asked if this public hearing is leg~l and
Steve Simonson said it is because Mr. Lund furnished a survey and
description of the property and the metes and bounds.
Councilwoman Marsh indicated she would like to know what the
discussion with Mr. Lund pertained to at the Planning and Zoning
meetings he attended.
Steve Simonson informed those present that Mr. Lund had been.told
what information would be needed, such as metes and bounds, a
description of the property, a survey of the property and whether
or not the property is . in the floodplain. Mr. Simonson further
stated Mr. Lund was informed about the procedures that would be
followed for a public hearing.
Councilwoman Marsh asked if the land is usable for anything else
other than a mobile home.
Steve Simonson replied it is, ha,rd to say, but should Mr. Lund
want to bui ld under City of ; Schertz ordinances, there will be
some questions on water/sewer.
eouncilman Baldwin asked if John Lund is gOlng to rent the
property or sell it.
Steve Simonson said he understood he wanted to sell it, but that
may have been just talk.
,
eouncilman Baldwin noted it would create a diff~rent situation if
he were going to sell it.
Councilman Baldwin continued on. by saying he: thinks . the area
needs to be rezoned he doesn't visualize it as a General
Business area. There is no space for parkin~ and traffic has to
back out on FM 1518. Mr. Baldwin su~gested maybe it should be
change~ to a mobile home zoning.
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Bob Andrews commented he th<;>ught there was some question about
the availability 6f sewer servic~ in the are~.
eouncilman Baldwin asked if there is any.
Steve Simonson replied the mobi'le homes on each side of John
Lund's prop~rty are on s~ptic tanks, there lS a sewer line on the
othe~ side of FM 1518.
Councilman Baldwin then asked if the septic tanks drain into the
creek and was told by Steve Simonson the City could find, no
evidence of drainage.
Mayor Sawyer .notedthat if the city so desired they could zone
one side as General Business and the creek side as residential.
steve Simonson pointed out he thinks it's a question as to the
best use of the land - FM 1518 has considerable R.O.W., there is
not a lot of room there, and it is better that individuals back
out onto FM 1518 rather than business traffic.
There were no further comments.
#3 GENERAL DISCUSSION
There was none.
"Y 14
At
to
ADJOURNMENT OF PUBLIC HEARING
this time Vice-Chairman Potempa turned the meeting back over
Mayor Sawyer who closed the public hearing at 7:15 P.M.
The Schertz Planning and Zoning Commission convened in a Special
Session, after the Joint Public Hearing, in the Municipal Complex
Conference Room.
15 CALL TO ORDER
Vice-Chairman Potempa called the meeting to order at 7:19 P.M.
#6 CONSIDER AND MAKE RECOMMENDATION: ZC #94
Merwin Willman commented he had forgotten about the platting, but
Steve Simonsori said they had the metes and bounds and ,the survey
delineating the property, so the requirements were met.
Steve Simonson continued on . saying the question now is whether
Planning and: Zoning . recommends a change in the zoning or an
exception,t6 the Zoning Ordinance.
Merwin Willman fel t the General 'Business _ zon.ing is not correct
but wondered'what other zoning could be given to the property.
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steve; Simonson said according to 'the ordinance" a Mobile Home
Park 'requires a minimum of 10 acres and a Mobile Home Subdivision
requires a minimum of 20ac'res.
Merwin Willman remarked that if nothing else, Planning and'Zoning
could recommend a Specific Use Permit.
Steve Simonson then questioned if that was legal since the public
hearing had been held for an ~xception to the Zoning Ordinance.
Mr. Willman responded by saying he doesn't think there is a
problem because the public hearing has been held and the
determination has been made that General Business zoning is not
appropriate and the eommission would therefore be recommending a
Specific Use Permit.
Bob Andrews asked if the Commission can't deny John Lund's
request for an exception to the Zoning Ordinance and then
recommend a Specific Use Permit. Mr. Andrews further stated
there is sewer line available less than 300 feet away and it
seems logical for the property to be used for mobile homes.
Merwin Willman, noting the
mobile- homes are probably
property could be used for.
unusualness of the property,
the only logical thing that
said
the
There was further discussion about tying into the City's sewer
line, about the chances of John Lund being granted deannexation
by the City, about the survey and the amount of land in the
floodplain, about specifying stipulations into any motion that is
made, and about the fact ,that a Specific Use Permit allows the
City to impose more requirements upon the property owner.
After a few changes and additions by the eommission to his
original draft, Merwin Willman made the following motion:
The Planning and Zoning Commission recommends that instead of
granting an exception to the Zoning Ordinance as requested, a
Specific Use Permit be issued for the placement of a mobile home
on each lot and that the 6 month expiration date for the permit
be extended to 2 years.
Planning and Zoning al so recommends that prior to any
construction or installation of mobile homes, the area must be
platted as required by the City Subdivision Ordinance and eity
utilities must be extended to the area by the developer.
Planning and Zoning feels that due to the unusual topography of
the land and the fact that the majority :ofthe land is located
within a creek bed and floodplain, a unique situation exist~ that
warrants consideration. With mobile ,homes currently on adjacent
lots, the indication is that mobile homes would be a reasonable
use for-the land in question.
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Keith Van Dine secbnded the motion and the vote was unanimous 1n
favor. Motion carried.
#7 CONSIDER AND TAKE APPROPRIATE' ACTION: Discussion on
Questions to be Asked of Planning and ZOn.ing
eommission Applicants/Candidates
Keith Van Dine made a motion to table Item #7 until the entire
membership of the Commission is available to discuss it.
Bob Andrews seconded the motion and the vote was unanimous 1n
favor. Motion carried
#8 GENERAL DISeOSSION
Keith Van Dine mentioned the roads ln Schirmervi lie and their
contlnually deteriorating condition.
Merwin Willman had given out some proposed amendments at the last
meeting and asked if Bob Andrews had received them. Mr. Andrews
said he had.
steve Simonson informed the~ommission the current Floodplain
Ordinance is going to be reworked to strengthen it.
Merwin Willman asked if the eity has to follow the guidelines set
by FEMA and steve Simonson replied the City's standards cannot be
less than those set byFEMA.
#9 ADJOURNMENT
Bob Andrews made a motion to adjourn the meeting.
Keith Van Dine seconded the motion and the vote was unanimous 1n
favor.
Motion carried and Vice-Chairman Potempa adjourned the meeting at --
8:00 P.M.
The next regularly scheduled meeting 1S June 13, 1989.
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