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05-09-1989 " PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, 'May 9, 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 MARY MARSH, VICE~CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN JOE POTEMPA KEN GREENWALD, COUNCILMAN JIM SHRIVER, CHAIRMAN CITIZEN'S LEADERSHIP PANEL JOHN LUND CITY STAFF MEMBERS ABSENT STEVE SIMONSON, ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECRETARY TY BRISGILL, CHAIRMAN BOB ANDREWS GEORGE VICK #1 CALL TO ORDER Vice-Chairman Mary Marsh called the meeting to order at 7:00 P.M. U~;:~.~ #2 APPROVAL OF MINUTES: Regular Session April 25, 1989 Merwin Wi llman made a motion regular session April 25, 1989. and the vote was as follows: to approve the minutes for the Joe Potempa seconded the motion AYES: M. Marsh, M. Willman, J. Potempa NAYS: None ABSTENTIONS: K. Van Dine The minutes were approved. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS Jim Shriver, Chairman of the Citizen's Leadership Panel, spoke at this time. Mr. Shriver briefed the Commission on what the Panel had been doing and gave them all copies of a memorandum (copy attached) outlining those activities. Mr. Shriver noted the Panel is deciding what areas to look into from the planning side of things and referred to the last page of the memorandu~ which is a list ofreseatch areas. Mr. Shriver asked the Commission if they had anything to add to this list. Vice-Chairman Marsh suggested adding a youth program perhaps with some kind of utilization of the ,Community Center. Councilman Greenwald pointed out that in the past, four other attempts have been made to set up a youth program and. all have fai led. Jim Shriver asked Councilman Greenwald for some background on the previous attempts. Mr. Greenwald said there was a lack of participation and a lack of adult supervision. Vice~Chairman Marsh commented they would need a plan, a schedule, a place and an exact program. Councilman Greenwald remarked that documentation of the preVlOUS attempts is probably someplace in the City records. Vic~-Chairman Marsh then asked the Commission if they feel a youth program is a worthwhile proposal for the future. Mrs.. Marsh said, in her opinion, it is vital. \ Keith Van Dine questioned the type of program being proposed and asked Vice-Chairman Marsh if she had a particular target area in mind. Mrs. Marsh repl ied she had thought of teenagers as the target area. :~HW Mr. Van Dine observed that during the summer he sees a lot of activity at the swimming pool, the basketball court and- the tennis courts. Mr. Van Dine continued on, asking if we're looking at a program with goals, objectives, meetings, and/or one that targets kids with problems. ~ Vice-Chairman Marsh stated she only had general programs 1n mind, not those particularly targeted for kids with problems. Steve Simonson indicated that if a youth program initiated, the City will have to fund it, staff it, build up confidence that the program will remain in the long run. Mr. Simonson informed the Commission horrible need out there for a youth program. 1S to be run it and place over there is a Keith Van Dine asked why. steve Simonson told Mr. Van Dine that in the City of Schertz if you don't swim or play baseball, there is nothing else offered. Mr. Simonson alluded to the drug problem right in the City and said he feels it is the responsibility of the City to provide an alternative to this situation. Keith Van Dine voiced the opinion that the grade schools would be a good place to start because you have more impact at that age as far as showing kids alternatives. Vice-Chairman Marsh then asked the Commission if they would like to recommend the Citizen's Leadership Panel add the possibility of a youth program to their list of research areas. -2- Before the Commission gave a consensus, Councilman Greenwald asked Jim Shriver if he had heard anything on the proposed YMCA in the area. Mr. Shriver said the last he knew they were looking for a location in the area and had considered the possibility of the old Handy Dan building in' Live Oak. Steve Simonson noted that if a youth program is of research areas it should be included Recreati:on. Mr. Simonson once again stressed being willing to take this project on and staying with it for the long run. added to the list under Parks and the importance of the necessity of Keith Van Dine brought up the possibility of coordinating this effort with the school district and perhaps having the availability of some of their facilities. The consensus of the Commission was to recommend the Citizen 1 s Leadership Panel add a youth program to it's 1 ist of research areas under Parks and Recreation. Joe Potempa, noting the number of people who play basketball at the park pavilion, said he had been told by some individuals in Mobile Villa they can't play basketball at the Community Center qnd wanted to know why this is. Councilman Greenwald asked who would be 1n charge. :*~; Joe Potempa then asked if it is in fact a Community Center. Merwin Willman replied the Community Center is a white elephant and steve Simonson agreed saying basketball court size, there is no to stand and watch and there is Simonson further commented it is different groups for practice, but because there is no supervision. it is built to only a 75% room when playing basketball no one to supervise. Mr. used from time to time by not by the general citizenry Vice-Chairman Marsh informed the Commission that Jim Shriver will be reporting to them every four weeks on the progress of the Citizen's Leadership Panel. Mrs. Marsh further stated the Panel is taking the correct approach by doing research on everything. Vice-Chairman Marsh commented a volunteer is needed to replace her as monitor for the Citizen's Leadership Panel. Joe Potempa volunteered. 14 CONSIDER AND TAKE APPROPRIATE ACTION: Request from John Lund to Allow Placement of Mobile Homes on FM 1518, Lots 1851 and 1871 John Lund was at the meeting to represent this request. This request had been tabled previously on February 28, 1989 pending further information. -3- Vice-Chairman Marsh asked for Staff input. Steve Simonson told the Commission John Lund had just handed him a survey completed by a registered engineer, H. S. Betterworth and Assoc iates of Seguin, Texas. Mr. Simonson observed they have redefined the floodplain and redefined the bank, they now show where the bank is on the lot . Mr. Simonson also said, in reality there are three lots and they are using two for buying and the frontage of the other which is approximately 70' x 150'. Mr. Simonson continued on saying all of this property is inside the floodplain, but it could be built on if it's brought up to one foot 'above the floodplain; it appears sewer is available and there is a fire hydrant located near the property. Mr. Simonson passed the survey around for the Commission to see. John Lund remarked, the adjacent properties on both sides have septic tanks and mobil~ homes on them. Mr. Lund indicated septic tanks would probably be used on his property also. Joe Potempa asked how far the tie-in is to the sewer line. Steve Simonson replied he was not sure, but it would be expensive because it would require a bore under PM 1518. There was discussion on whether or not this request would meet the standards of the Subdivision Ordinance and the state law in so far as the 1/2 acre lot requirement for properties with septic tanks. ~~ steve Simonson advised the Commission they would have to get a reading from John Bierschwale, Water/Wastewater Superintendent, and probably from the state. Vice-Chairman Marsh, noting they had just recei ved the information tonight and had no time to review it, said she would entertain a motion. Joe Potempa made a motion to table the request from John Lund until further information 1S received from the staff and the state. Councilman Greenwald interrupted to point out that he's fairly sure if this item is tabled again, it is automatically approved. Vice-Chairman Marsh asked for verification of that fact. Mrs. Marsh further commented Mr. Lund's request is to allow placement of mobile homes on his property. Merwin Willman mentioned that Mr. Lund's property is zoned General B:usiness and if you get technical, then mobile homes are not allowed in an area zoned for General Business. Merwin Willman also stated that perhaps they should be looking at a var1ance 1n this case to see . if a publ ic hear ing should be cons'ide red. -4- steve Simonson remarked the survey information was not available to the Commission before tonight, and confirmed that what Mr. Lund -is requesting is an e~ception to the Zoning Ordinance. Kei th Van Dine expressed concern about whether or no-t Mr. Lund would be violating the state law. Merwin ~"1illman read the four conditions outlined Ordinance which must be met before the Commission publ ic hearing for an exception to the ordinance. follows: in the Zoning recommends a They are as 1. The requested change is in keeping with the comprehensive plan adopted by the City Counc~l. 2. There has been environmental and/or economical changes which warrants a change since it's original zoning. 3. Granting of the request would not create an incompatible use different from the surrounding property, or show favor to the property under consideration for rezoning. <Spot Zoning) 4. There is an error in the original zoning of the property for which a change is requested. The Commission reviewed these conditions one by one. l~~ John Lund asked Steve Simonson if he could apply for deannexation claiming he didn't have any trouble until the City took him In. Joe Potempa commented he this item until further verified the fact that automatically approved. lack of a second. still has a motion on the floor to table information is received. Steve Simonson if the motion is tabled again, it is As a point of order, the motion died for More discussion followed about mobile homes being on both sides of Mr. Lund's property before it was annexed, about a possible error in the original zoning of the property, and about the narrowness of the property limiting it's use for anything else other than a mobile home. Merwin Willman made a motion to recommend to City Council that the request from John Lund for an exception to the Zoning Ordinance allowing placement of mobile homes on FM 1518, Lots 1851 and 1871 be scheduled for a public hearing. Mr. Willman included in the motion the fact that the Commission feels there may have been an error in the original zoning of the property after it was annexed into the City. Keith Van Dine seconded the motion and the vote was unanlmous In favor. Motion carried. -5- Vice-Chairman Marsh explained to John Lund that it is not within the powers of the Planning and Zoning Commission to grant an exceptidn to the Zoning Ordinance and inform~d him of the procedures followed for the request to go to City Council and then to a public hearing. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion of Proposed Guidelines and Procedures to be Used at a Hearing Appealing the Junked Vehicle Ordinance Vice-Chairman Marsh related this had been discussed under the "General Discussion" item at the last meeting and now is the time to take action on the proposal. Merwin Willman had nothing to add except to stress that the person requesting the hearing has to prove to the Commission that he is a hobbyist and does have to provide storage and screening for the vehicle in accordance with the ordinance. Joe Potempa asked about the person working on his car who keeps his yard neat and buys a cover for the car. Mr. Potempa wanted to know if the cover is considered a screen. steve Simonson acknowledged there are lots of things in the ordinance which are subjective, but said the City would probably work with the individual in a case like this. ~l~ Keith Van Dine expressed the opinion then, that by and large, the City only gets involved when they receive a complaint. Steve Simonson answered by saying that after all efforts have failed, Planning and Zoning is the last resort. Joe Potempa asked if the Junked Vehicle Ordinance 1S being enforced yet. steve Simonson replied no it is not, but they are enforcing the ordinance regarding nuisances. Mr. Simonson further stated some of the Staff is meeting tomorrow to discuss guidelines and state laws pertaining to the Junked Vehicle Ordinance. Merwin Willman also mentioned the sample letter he had written up for sending to the person requesting the hearing, saying he hoped it would serve as discouragement to some. Joe Potempa made a motion to accept, as written by Merwin Wi llman, the guidel ines and procedures to be used at a hear ing appealing the Junked Vehicle Ordinance. Keith Van Dine seconded the motion and the ~ote was unanimous in favor. Motion carried. #6 CONSIDER AND MAKE RECOMMENDATION: Elm Street R.O.W. Aviation Heights (Request to Have it Taken Off City Property Roles) Vice-Chairman Marsh asked for' Staff input. -6- steve Simonson informed the Commission that in the past mistakes have been made as far as Aviation Heights and Westland Subdivision not extending some of their streets, and as a result the City is left with a 50' right-of-way. ~1r. Simonson reported that the City mows the empty lot every year, but the lot itself is of no worth to the City and he thinks it best to recommend to City Council that the City divest itself of this property. Merwin Willman cited the two options available to the City: (1) they can offer it to the landowners on each side, or (2) they can put it up for bid. Keith Van Dine affirmed then that the landowner on either side could make a bid and add this property to his lot. Steve Simonson pointed out that if the landowner on neither side is interested and someone else buys the lot, it is less than the 7 ,500 foot lot size of the R-2 area it is zoned for. Mr. Simonson did say, however, that this right-of-way is large enough to meet the R-6 zoning (6,000 sq. ft.) and with proper planning will probably not detract from the neighborhood. Keith Van Dine asked what happens if one of the property owners on either side is interested in the lot but can't afford to buy it. Merwin Willman replied that the City could deed it to the property owner. Steve Simonson advised the Commission he had brought this before them to show how this kind of situation can happen and because it might possibly invol ve a zoning change request in the future. Mr. Simonson reiterated his suggestion that Planning and Zoning recommend to City Council that the City divest itself of this property. Keith Van Dine made a motion to recommend to City Council that action be taken to remove the Elm Street 50' R.O. W. extension between Lot 60, Block 13 and Lot 41, Block 24 of the Aviation Heights Subdivision from the City property roles. Joe Potempa seconded the motion and the vote was unanimous in favor. eMotion carried. #7 GENERAL DISCUSSION Keith Van Dine brought up the following: . (a) Said he was glad to see the article ln the newspaper about the weight limit on Pfeil Road. (b) Asked if there was a water leak In the Schirmerville area today and Steve Simonson replied yes there was. -7- (c) Noted that after this month, he should be able to attend the meetings more regularly - the testifying is almost completed. Joe Potempa brought up the following: (a) Asked the status of 505 Curtiss where they had a fence business in the back. Steve Simonson replied he had informed the inspectors about it but forgot to ask the results of their investigation. Along this line, Merwin Willman mentioned the new used car lot on FM 1518, asking steve Simonson if he had seen it. Mr. Willman also ,asked if in the meeting about the Junk~d Vehicle Ordinance they were going to talk about vehicles parked on City streets and commented on one in the 200 Block of Mitchell. (b) Questioned whether the truck in Mobile Villa without license plates had been checked into.' steve Simonson said yes it had. Merwin Willman referred to two articles of interest in the "Zoning Bulletin" - one on the transfer of non-conforming uses to new owners and one on variance setback requirements. Mr. Willman commented he will be doing some research on non-conforming uses. Councilman Greenwald asked Steve Simonson what he found out about the telephone exchange, in the stone Creek RV Park area. ~~t;~ Mr. Simonson informed the Commission there are two exchanges in the area - San Antonio and New Braunfels. Starting south of 1H- 35 first, the San Antonio exchange area goes out to Wiederstein Road, comes down Wiederstein Road 600 feet and straight across to FM 1103 (still minus the 600 feet) and works itrs way down to Haeckerville Road. The 600 feet belongs to New Braunfels utilities. steve Simonson conti~~ed on, saying Corridor Oaks, the RV Center, and the church are. ih the San Antonio 658 exchange, but Payless is in the 629 New Braunfels exchange. Also, Big State, Bussey's and McKenzie Air are a grandfathered San Antonio line, but anything new is in the New Braunfels exchange. As Mr. Simonson pointed out, Schertz is losing 5 1/2 miles of 1H-35t9 a New Braunfels phone number. Mr. Simonson also reported that on this side is the Bracken exchange which goes up to 1800 feet north of San Antonio Machine where it's jurisdiction ends. Jim Shriver asked if people in the New Braunfels exchange can still dial 911 and get Schertz and he was informed they can. Joe Potempa que,stioned the status of the areas of 1H-35 that Planning and 'Zoning had recommended to City Council for possible annexation. Councilman Greenwald reported that the City Engineer had been told to go ahead and get the metes and bounds. Back to the discussion on the telephone lines, Merwin Willman asked what the City could do about it. Steve Simonson commented -8- the City' will probably have to request a hearing with the Public Utilities Commission. Vice-Chairman Marsh brought up the f61lowing: (a) Asked what's being done about the request from property owners in Deerhaven for City streets - at the upper end of Fawn there are a lot of potholes. steve Simonson replied he did not know the status of that situation. Councilman Greenwald commented first they want City streets, then they don't want City streets. Joe Potempa, at this time, interjected the fact that Mobile Villa is still waiting for City streets. There was a bri~f discussion about the history of D~erhaven and it's residents and those who do and those who don't want City streets. (b) Wondered if the problem, brought up in the past by George Vick, of trucks parking in the Windy Meadow Mobile Home Park had been solved. Steve Simonson indicated he thought the situation was under control. 2?~ (c) Asked if the City had ever considered a designated area for "Garage Sale" signs. Mrs. Marsh said a policy could be enforced such as if the sign is not picked up within a certain number of days after the sale, then it will be confiscated. Mrs. Marsh continued on, saying she thought two excellent locations for a designated area would be the Schertz Parkway and Elbel Road intersection and the exit corner from Wuest's Grocery. Steve Simonson replied he did not know if a designated area had been tried in the past. (d) Read a Thank-You note from Norma Althouse for the flowers from the Commission on Secretary's Day. (e) Noted she had turned in all her Planning and Zoning material to Steve Simonson. (Mrs. Marsh was elected to City Council-.) Mrs. Marsh al so thanked the Commission and told them she had certainly enjoyed her time served on Planning and Zoning and she had learned a lot. #8 ADJOURNMENT Joe Potempa made a motion to adjourn the meeting. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. Vice-Chairman Marsh adjourned the meeting at 8:36 P.M. The next regularly scheduled meeting is May 23, 1989. -9- MEMORANDUM From: ~m Shriver, Chairman, Citizen's Leadership Panel Planning & Zoning Commission Members To: Date: Ma y 9, 19 8 9 Subject: status Briefing, Citizen's Leadership Panel The Citizen's Leadership Panel was formed on April 6, 1989. Mary Marsh and George Vick briefed the Panel on it's duties and responsibilities. Enclosure 1 contains the briefing the Panel received. Since the other Panel members present at this meeting declined the Chairmanship of the Panel, I assumed that position by default. ~n~ On April 13, 1989 the panel met and discussed those areas that should be research. Enclosure 2 contains a list of those areas we determined should be research. In order to gain the knowledge we would need before we could make any constructive recommendations to the Cornmiss ion, we determined that it would be necessary to interview those key personnel associated with the areas concerned. Thus far, we have interviewed the Fire Chief, SAFES Director, Schertz Hous Ing Author i ty DIrector, and the owner of a pr 1 vate transportation firm. Initially, the following persons were appointed to the Panel by the Schertz City Council: Jim Shriver, Lee Boswell, Sharon Fruge, Leonard John, Kim Potempa, Billy Cress, Wayne Ho~ferichter, Jim Todd, and Margaret .Riley. After appointments, Lee Boswell advised me that he was too busy with other projects and would not be able to serve on the Panel ~ Lee has now been replaced by Adolph Aguilar, who I believe will attend his first meeting on ~11, 1989. Of the remaining original Panel members, only Shar-on F~uge, Wayne Hofferichter, Jim Todd, Margaret Riley, and myself continue to be active. I expect, based upon pass attendance at our meetings, that the burden to complefe the tasks assigned will fall on the six active Panel members. At the present time the Panel plans to complete it's work by the middle of June 1989 but it is possible that more time will be required. I await your further guidance or questions. Encl THIS IS WRITTEN AS A BRIEFING PRESENTATION TO EXPLAIN TO THE CITIZEN'S WHAT THEIR RESPONSIBILITIES AND THE'CITY PLAN LEADERSHIP WILL. BE PANEL TO P&Z The Citizen f s Leadership Panel has been selected by the City Council to work under the guidance of and in conjunction with the Planning and Zoning Commission; specifically, in the updating of the Schertz Comprehensive City Plan. You have been selected because of your work with the City and/or expressed interest and concern 1n the City; it's growth, quality of life, etc. A City Comprehensive Plan is really not a viable plan unless it expresses the views, wants and involvement of it's citizens. In an effort to accomplish this, the first phase of the updating was to distribute to the citizens a survey which you all have seen and hopefully completed. Thus far, out of approximately 4000 surveys distributed, the return rate is around ~%. The results of these surveys have been computerized, redundancy eliminated, and the material is now in usable form. The computerized listing has been reviewed by P&Z. . f%~.~ '~ This is where you come into action. A good plan must include Where We Are, Where We ,Want To Go and How We Are Going To Get There. Where We Are, which is history, has already been accomplished by P&Z. The How We Get There will be done by P&Z and the City Staff in conjunction with the City Department Heads and in coordination with the newly established Economic Development Task Force. Your job, using the survey results as a core, will be to provide the "Where We Want To Go". You will be working with and assisting P&Z whose responsibility it is to update the City Plan. Through your efforts, we hope to insure full citizen invol vement in the preparation of the plan which in the final analysis becomes a "Plan of the People". Two members of P&Z will act as I iaison with you and provide assistance and guidance when requested or necessary. One or both of the P&Z members will attend eaqh of your meetings otherwise, this important part of the plan is, so to speak, your baby! r;pecifically, you should end up with a listing and narrative of Where We Want To Go. Your working tools will be tne computer1zed listing of survey results and your own expertise and imagination. You should deal with short term and long term. Be visionary; look to the future. The costing of your recommendation will be done by the City Staff and Department Heads. However, do not hesitate to ma'ke recommendations'. In other words, don't eliminate what you feel is a'necessity only because of the cost factor. We would,' of cours~, ~xpect you t~ ,eliminate those items which you consider to be beyond the scope of the City and do not contribute to the controlled growth and/or, quality of life for the 'citiz4ens of Schertz. In your prognost.ications, the key, is always what is best for Schertz asa whole. Here are a couple of examples. For your short term listing, 1-5 years a new SAFES/Fire sub-station. In your narrative you would include when, where, why, how large, increases of personnel and equl ment? and any other ertlnent lnformatlon, i.e., a new building or a re ab? Inc ude as much information as possible to assist P&Z, City Staff and Department Heads in the continuation of the planning process. A long term project, 6-20 years - might be anew fire department building, library, bus station, train station, golf course complex, etc. These are only examples, not recommendations. The initial recommendations are UP to you and the other citizens of Schertz~ You have two months to complete your task. That may seem a short period of time, but projects like this are always best accomplished with the subject foremost in mind and should not be dragged out over a long period of time. You should select a chairperson from your members to set up and conduct your meetings and keep you moving forward. You may, if you wish, conduct your meetings in City Hall, unless you prefer elsewhere. It is also suggested that you select one of your members to serve as note taker. A ,typist will be assigned to your summaries, narratives, etc, as necessary. ~:J~;l\ Your work will be reviewed first by P&Z. The ultimate product, the City Plan, after a myriad of review levels, must be approved by the City Council. Your Chairperson, during the course of your task, should periodically update P&Z, at their normally scheduled meetings, on your progress. --- You are a group of concerned citizens and business people of our "Friendly City" and this Comprehensive City Plan, once complete, will be a guide for the future of our city. It will effect you directly and/or indirectly and for those of you who do business in Schertz, this impact could be good for your expansion and growth. For those of you who live here, we hope that it will be a tool to improve your qual ity of life and recreation for your family. We wish you luck. Thank you in advance for your public service and now we will attempt to answer any questions you might have. If we don't know the answer, we will get it for you. . . CITIZEN'S LEADERSHIP PANEL RESEARCH AREAS Research Area Transportation SAFES Fire Department Senior Citizen Housing Police Department Animal Shelter Highway 10 Frontage Highway 35 Frontage Schertz Public Library and Parking Emerge-ncy Power Business Growth Street and Road Conditions Sidewalk Conditions Golf Course Parks and Recreation utilities: Water Electric S e we r Gas Annexation Plan COffit>leted X X X X