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11-14-1989 n/s ~1~~% pDANNING ANY? ~ONIItiTG MINIITES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, November 14, Z9°9 at 7;00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING COMMISSION .OTHERS PRESENT JOE POTEMPA, VICE-CHAIRMAN TONY BAGWELL, KEITH VAN DINE, SECRETARY RIMROCK CO~V'SULTING MERWIN WILLMAN MICKEY FISHBECK, BOB ANDREWS RIMROCIi CONSULTING GEORGE VICK JAMES ANDERSON, ETJ REP. JIM SHRIVER HOOVER EDWARDS KEN GREENWALD, COUNCILPERSON ROD & KAREN ULIN MICKI COMBS MEMBERS ABSENT CITY STAFF TY BRISGILL, CHAIRMAN STEVE SIMONSOK', ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECY. JOHN BIERSCHWALE, WATER/FnTASTEWATER SUPT. PAUL DENHAM, FORD ENG. #1 CALL TO ORDER In the absence of Chairman Ty Brisgill, Vice-Chairman Joe Potempa called the meeting to order at 7:00 P.M. #2 EXEC®TIVY? SESSION: Called Under Article 6252-17, Vernon`s Texas Civil Statutes, Section 2 (g) for Briefing by Rimrock Consulting Co. to the SB336 Advisory Committee and Support Staff Regarding the Study cn Capital Reccvery Fces Vice-Chairman Potempa announced there will not be an executive session - the briefing from Rimrock Consulting will be held as an open session. Tony Bagcaell and Micl~ey Fishbeck of Rimrock Consulting were present at the meeting. Tony Bagwell explained to the Commission the purpose of their task is to bring utility fees into compliance with SB~3b passed by the legislature, and the deadline for doing this is June 20, 1930. Mickey Fishbeck informed the Commission there are impact fees for (1) water, (2) sewer, (3) local roadways, and (4) drainage. Tl-~e only exemptions are on-site roadways and in certain circumstances developers who are constructing or oversizing water/sewer lines. Ms. Fishbeck related that the process for the Commission will be in two steps. The first step is to look_ at land use assumptions and the second step will be the development of a CIP (Capital Improvements Plan) on which the fees are based and the establishment of the fees themselves. Ms. Fishbeck commented it is the Commission's legislative responsibility to file written comments five working days before the second public hearing is held. Ms. Fishbeck continued on saying they will be developing a record for the City in case of legal developments in the future. She also commented that after three years, the City must look at the CIP and see if the fees need to be updated. Tony Bagwell pointed out that Rimrock's role in this process is to provide technical information and to coordinate everything. Jim Shriver asked, if after the initial CIP is developed, will this be an ongoing process. Tony Bagwell replied it should be reviewed twice a year. Jim Shriver then asked if at the end of three years the City will need to hire another consultant. Mickey Fishbeck said not necessarily. Tony Bagwell emphasized they are leaving behind a notebook method of procedure so that possibly the nett time the process needs to be done it can be done on an in-house basis. Bob Andrews mentioned reviewing the plan every three years, five years, etc. and Mickey Fishbeck informed him it can be updated whenever the City feels it needs to be. Merwin Willman remarked he had noticed in his reading that if a developer overpaid, the City= has to refund, but if a developer underpaid, the City can't ask for more. Tony Bagwell commented you can deduct from th«t it is a developer legislation. Steve Simonson asked if we`re only looping at water. Tony Bagwell replied they had been assigned caater;ctiastewater. Mr. Bagwell said there had been some talk about drainage, but it had been put on hold until a future time. Mr. Bagwell indicated that is something the City will need to decide. Steve Simonson- then asked if we're locked into c:nly water!se~.er and Tony Bagwell answered the Council could amend their -2- assignment and the work would probably require about an extra thirty minutes per meeting. Mr. Bagwell noted that for the current workload, it is probably going to require six meetings and two public hearings. Councilperson Ken Greenwald suggested having Steve Simonson get together with Tony Bagwell and work out a schedule for the meetings starting from the cut-off date and working backwards. Bob Andrews made a motion to recommend that Steve Simonson get together with Council and Tony Bagwell and work out a schedule for the meetings starting from the cut-off date and working backwards. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. Tony Bagwell reminded the Commission they are specifically charged as the Advisory Committee which is a planning exercise to come up with reasonable fees. Mr. Bagwell stressed the need to be careful about unit cost. At this time John Bierschwale reviewed the Capital Recovery Fee Ordinance and explained the current process used by the City for these fees. Mr. Bierschwale said the way the fees are structured now they are based on square footage. Tony Bagwell asked when the fees are collected and John Bierschwale replied-when the permit is issued. Tony Bagwell gave a few examples of how other cities collect their fees. Merwin Willman suggested reviewing what the City currently has and then seeing if a change is needed. Tony Bagwell told the Commission that for every $1.00 in cash collected in impact fees and applied to construction, you can avoid about 220% of money that wo~,~ld hac>e gone into the rights. This concluded the briefing by Rimrock Consulting Company. ~3 COTI~SIDER AI1TD "~dAIiR RECOMP2RI~DATIO~: Planni;.g and Zoning's Recommendation as a Result of the Briefing from Rimrock Consulting Co. Since there was not an Executive Session, Item r3 ceas deleted. Vice-Chairman Potempa introduced James Anderson, the ETJ Representative to the Advisory Committee appointed by City Council. •At this time the Commission took a five-minute break. -3- #4 APPROVAh O~° MINIITES: Regular Session October 24, 1989 George Vick made a motion to approve the minutes for the regular session October 24, 1989. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. CITIZENS' INPUT OTHER TIIAN AGENDA ITEMS There was none. #6 CONSIDER AND MAKE RECOMMENDATION: Request from Hoover Edwards for a Variance to the Zoning Ordinance to Allow Placement of a Mobile Home, for Security Reasons, Next to the Cancessian Stand on the OId Starlight Theater Grounds i Vice-Chairman Potempa asked for Staff input. 'Steve Simonson informed the Commission a similar request from Hoover Edwards had been handled previously through the Board of Adjustment. Mr. Simonson said since the Commission cannot grant a variance to the Zoning Ordinance, it is his suggestion they recommend this request to Council for a Board of Adjustment hearing. Hoover Edwards was present at the meeting and briefly explained the reason for his .request. Mr. Edwards explained he had stored some PVC pipe on the grounds and some of it was stolen. Mr. Edwards said there is a timed light in the mobile home. Also, Mr. Edwards assured the Commission he will keep up the property, and he cculd get letters from surrounding businesses who like the idea of a mobile home in the area for security reasons. Vice-Chairman Potempa asked Mr. Edwards if he is going tc use the mobile home for a storage facility and he replied he will use it for security. Jim Shrivex• asked if someone is going to live in the mobile home and Mr. Edwards replied there will be someone there at night. Bob Andrews asked if there is sewer on the property and Hoover Edwards replied there is a septic tank. Bob Andrews noted that at the time the City Council approved Mr. Edwards' previous request, they had asked fcr his help in ~ removing the movie screen. Mr. Andrews wanted to know the status of the screen. Hoover Edwards reported the screen to be in good shape and expressed hopes of opening up a movie business again, sometime in the future. G:~orge Vick mentioned them are three mcbile hor..~es, not onn. -4- f~ocver Edwards said he is just requesting one mobile home on the ol:l Starlight Theater grounds ar,cl spoke of his cooperation with th.. request from Tam Dovey to move two of his mol:ile homes from Schertz Parkway when there were visitors touring the City°. Nierwin Willman pointed out the Bciard c; f_ Adjustment had granted Mr. Edwards` previous request for eighteen ra~~nths and had stipulated three other considerations, so he feels this request should go back to the Board of Adjustment. Bob Andrews made a motion to recommend the request from Hoover Edwards for a variance to the Zoning `Ordinance to allo~,T placement of a mobile home, for security reasons, next to .the concession stand on the old Starlight Theater grounds be for~,~ardtid to City Council for scheduling of a hearing before the Board of_ Adjustment. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. Steve Simonson told Hoover Edwards he will send him a letter with all the information regarding the Commission`s recommendation. m7 C®irdSIDER APrdD TAKE APPI2t3PRIATE ACTIQN: Request from Roderic Ulin of 117 Valley Oak for an Extension of Time to Comply caith the Junked Vehicle Ordinance Roderic and Karen Ulin were at the meeting to represent this request. Vice-Chairman Potempa asked for Staff input. Steve Simonson said he thought it would be best if Rod Ulin explained his situation. Rod Ulin explained that, before he can take care of the vehicle in violation, the matter at hand is the paying off cf a lean on an '84 Lincoln for which an 'O1 Buick was used as collateral. Mr. Ulin said the Buick was registered in l-~is rlotl.er`s name and the Lincoln was registered in his father's name and both parents are now deceased. Mr. Ulin said before his father`s death he had been appointed his guardian. Mr. Ulin further stated that because his father had let the insurance Iapse cn the Lincoln, there are some r_omplications with the bank as far as the credit life insurance is concerned. Bob Andrews asked how long ago Rod Ulin had been appointed guardian and Mr. Ulin said approximately one year. Merwin Willman asked Rod Clin how long he thought it ~,-ould take to straighten out this complication. Mr. Ulin replied hopefully ,ur'ithin a couple of weeks. Mr. Ulin indicated his attorney has written a letter to the Schortz Banl~. -5- Bob Andrews asked why not table the request until the next meeting. Merwin `iVillman wondered why not table it for sixty days. Bob Andrews made a motion to table the request from Roderir_ Ulin of 117 Valley Oak for an extension of time tc comply with the Junked Vehicle Ordinance for sixty days at which time the vehicle in violation will have to be moved, sold, disposed of cr made legal. Merwin taillman seconded the motion and the vote was unanimous in favor. Motion carried. Bab Andrews requested Rcd Ulin`s attorney's address as a courtesy tc the Commission. Steve Simonson told Rod Ulin he will send him a letter outlining the Commission's recommendations. Mr. Simonson also asked Mr. Ulin to let him know before the 60 days are up if he sees a prcblem in resolving the situation within this time frame. '~8 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Micki L. Combs of 5214 Irola Drive for an Extension of Time to Comply with the Junked Vehicle Ordinance Micki Combs was at the meeting to represent this request. Vice-Chairman Potempa asked for Staff input, but Steve Simonson said there was none. Mir_]zi Combs told the Commission her situation and said she thought she had pretty much explained it in her letter. Ms. Combs said she had a trucking business, but her partner left her "holding the bag" financially and she is unable to come up with the funds to get her vehicles into compliance with the ordinance. Bob Andrews asked Ms. Combs if she had made any attempts to sell the truck and she said yes she had. Ms. Combs also informed the Commission a Dorothy Breezee holds a note on the truck. George Vick asked if she had advertised. Micki Combs replied she had not advertised, she is not living at the address and she can't afford storage. Vice-Chairman Potempa asked Ms. Combs who is feeding her dogs and she replied she is - several times a week. Vice-Chairman Potempa then asked Ms. Combs when the truck was towed into her yard and she replied probably in October of 1900. Micki Combs commented she did not understand why the Cougar had been called a nuisance. Vine-Chairman Potempa read her the definition from the Code of Ordinances. Ms. Combs said the car is not visible unless you go right up to her property. -6- Vice-Chairman Potempa mentioned the first letter cahich was sent and not claimed making it necessary for the City to send a second letter. Micki Combs remarked she does not. pick up her mail every day, so the yellow slip of notification from the Post Office might have blown away. Keith Van Dine asked if she had looked into selling her ruck on consignment. Ms. Combs said she had, but the vehicle has to be in running order. Leonard Truitt, Asst. City Inspector, spoke at this time saying Fahen the City sent the letter to Ms. Combs they were not aware there was a personal lien on the vehicle. Mr. Truitt remarked they have not sent a letter tc the lienholder. After a brief discussion about the lien, Bob Andrews made a motion to table the request from Mic)zi L. Combs of 5214 Irola Drive for an extension of time to comply with the Junked Vehicle Ordinance until. the Inspection Department has notified all 'effected parties. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. Steve Simonson informed Micki Combs he will send her a letter verifying the Commission's recommendations. Vice-Chairman Potempa asked what action the City will take if there is no response from Dorothy Breezee. Steve Simonson replied there are two options - either have the vehicle tossed away or issue a citation. ~9 CQNSIDER AND NdAIiE I2ECO~NFMEN9»TION: Discussion of Concurrent Zoning for the 5 New Territories Being Proposed for Annexation Steve Simonson related the City would like to close up some areas that anticipate development. Mr. Simonson said problems arise when part of an area is in the City limits and part of it is not. Mr. Simonson said tract n1 includes Stone Creek R.V. Park, tract n5 includes the Gutierrez landfill, George Barnard's property, two tracts along Dietz Creels and FM 7°, and tracts ~2,tt3, and =4 are areas the City wishes to close in. Mr. Simonson reminded the Commission the zoning can be done simultaneously with the annexation. Merwin Willman suggested an M-1 zoning for tract rl. Bab Andrews remarked it could be zoned M-1 with a Specific Use Permit for the R.V. Park. -7- Steve Simonson advised the Commission he had heard Stone Creek R.V. Park is filing bankruptcy and suggested maybe Floyd Mchee should be contacted to see what type of bankruptcy. Merwin Willman pointed out the Commission should be thinking about what the best use is fox- the land. Steve Simonson commented tract ~l could be zoned M-1 and what is currently there stays there as a nonconforming use. Merwin Willman then suggested that tracts n2, ~3 and n4 be zoned RA (Residential/Agriculture). For tract n5, Steve Simonson suggested a combination of GB below FM 78 and PD for the rest which would include the landfill, two farms and some property of George Barnard's. Bob Andrews made a motion to recommend to City Council that tract ~1 be zoned Light Manufacturing (M-1), tracts r2, n3 and ~4 be zoned Residential/Agriculture (RA) and tract #5 be zoned Predeveiopment (PD) with the exception of that small portion south of FM 78 which is recommended to be~zoned General Business (GB) to conform to the surrounding zoning along the south side of FM 78. It was also recommended this zoning run concurrently with the annexation px•ocess. George Vick seconded the motion and the vote caas unanimous in favor. Motion carried. #~Q GENERAL QISCUSSION Bob Andrews• (a) Noticed a Cibolo garage sale sign at Wuest's last weekend. Can the City do anything about signs like this? {Steve Simonson said if the signs are illegal, then the City can take them down.) F:eith Van Dine: {a) The citizens of the Schirmerville area are pleased that the holes in Pfeil Road have been filled in. The City did, however, miss a hole on Ware-Seguin. (Steve Simonson said he is sure they will fix_ the one on Ware-Seguin.) Jim Shriver- (a) Referred to the letter in his package from John Lund and asked Steve Simonson if he is happy with Mr. Lund's ansc4er. (Steve Simonson said no he is not.) ,It'b) Asked the question again about needing more consultants in three.years for the impact fees. Councilpcrson hen Greenwald said the possibility exists, but supposedly Rimrcck C^nsulting is leaving software behind with the basic format and information. -8- (c) Asked why the sessions with Rimrcck consulting can't be scheduled at the end of the regular meetings instead of the beginning. Steve Simonson said the Advisory Committee could be scheduled first and the people on the agenda for the regular session could be told not to come until about 8:OQ P.M. Mr. Shr.iver said he still prefers the sessi::n with Rimrcck Consulting at the end. A poll cf the other members was taken, and with the exception of Bob Andrews, they alI preferred to have the sessions with Rimrcck Consulting at the end. Steve Simonson advised the Commission he will inform Tcny Bagcaell of their wishes. George Vick• (a) Had noticed the dead cow on Schertz Parkway today. (Steve Simonson said they had to find a rendering company to remove it and their charge is $45.00.) (b) Commented on the basketball court set up at the bac)z of Mobile Villa and was told by vice-Chairman Pctempa he had put it there a number of years ago. Mertain [n~illman: (a) Asked the status of Lon Decker's proposed Pamela Subdivision. (Steve Simonson said he hadn't heard.) Steve Simonson: (a) Asked the Commissioners how many of them know Jeff Gaston and then related a story about a 300 pound pig that got loose this past week and how everyone expected Jeff tc be able to capture it. Mr. Simonson said finally a nic°c man offered the use cf his equipment tc help, but they found the pig had t4andered away and no one has seen it sine . Councilperson Greenwald: (a) Both the Ccmmissien and the Council received copies in their packages of an article on "Green Spaces" which t,-as in the Sunday Express News. (b) Back some time ago a 10' front yard setback variance teas granted tc Savannah Square and new when the residents park their -cars in their •urivetaays, the cars hang out over the edge. ^1r. Greencaald said to ]ieep things life this i.n mind when considering granting a variance. -9- (c) Asked if there were any significant developments from the meeting on Jack Hays Boulevard. Steve Simonson reported the City now has a right-of-way map and will be contacting sixteen landowners. Mr. Simonson said they will move along as fast as they can, but the Highway Department is estimating betcaeen eighteen months and two years before the process is completed. (d) According to the paper they are going to let tre contract on IH-35 with construction to start in January. Steve Simonson commented the widening of FM 7° is still moving forward, but it will take some time. Mr. Simcnscr, said the railroad will grant the 20 feet. Vice-Chairman Potempa: ta) Mentioned the letter from Debbie Moeller of Pacific Southwest ' Bank and said he hopes something can be worked out between the parties involved. (b) Asked if there's any way the City can request the company working along the IH-35 access road to get a flagman. (Steve Simonson said he will check with Mr. Sweatt.) (c) There's a new business on IH-35 near Maureen Busby called All r Time Tire Changers. Before the meeting was adjourned, ,.Tim Shriver asked if anyone knows anything about the "Classic Car Museum". He ~~,~as informed by a couple of the members it is in no man's land. X11 ADJOURNMENT Bob Andrews made a motion to adjourn the meeting. Jim Shriver seconded the motion and the vote was unanimous in favor. Motion carried. Vice-Chairman Potempa adjourned the meeting at 9:~4 P.M. The next regularly scheduled meeting is November 2°, 19°9. ,r; -10-