Loading...
02-28-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, February 28, 1995 at 7:00 p.m. in the Municipal Complex conference room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF PIA JARMAN, CHAIRMAN STEVE SIMONSON, DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY DENISE GRANGER, TONY MORENO PLANNING SECRETARY ERNEST EVANS KEITH VAN DINE KEN GREENWALD, COUNCILMAN MEMBERS ABSENT OTHERS PRESENT BOB ANDREWS MR. & MRS. GUS CULWELL HOMESTEADERS ARTS & CRAFTS MR. & MRS. TIM HUCKOBEY 1915 FM 1518 #1 CALL TO ORDER Chairman Pia Jarman called the meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Regular Session February 14, 1995 Chairman Pia Jarman noted that on page 5, 3rd paragraph from the bottom, line 2, need to delete the word it between would and be. Also, on page 7, 2nd paragraph from the bottom, line 1, the word deadline should be one word . Merwin Willman moved to approve the February 14, 1995 Regular Session Minutes with the corrections, Keith Van Dine seconded the motion, which carried with a unanimous vote. #3 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. #4 CONSIDER AND MAKE RECOMMENDATION: Request from Tim and Betty Huckobey, of 1915 FM 1518, to Rezone from General Business District to Residential Steve Simonson advised that this is a very straight forward request from General Business to Residential. They would like to take the existing business building and turn it into a residence. There are two options on being able to do this, they can either have the property rezoned or a Specific Use Permit could be authorized without changing the zoning. Tim Huckobey asked what is meant by the Specific Use Permit and how would they go about obtaining that. Steve Simonson stated that there are two ways for Mr. Huckobey to be able to have a residence on this property. That would be to either rezone the property or to authorize a Specific Use Permit for residential use in a general business district. If it is to go with the Specific Use Permit there is no spot zoning. To be able to get approval for one of these recommendations it has to be requested by this Commission. Merwin Willman advised he has handed out copies of minutes from a previous meeting when this issue was brought up and how it was handled. Merwin Willman commented that a Specific Use Permit would be the best recommendation due to the fact that spot zoning is illegal. The Specific Use Permit would require having a public hearing and then the final approval by the City Council. Chairman Pia Jarman questioned Steve Simonson if the request meets all of the City requirements for a Specific Use Permit. Steve Simonson stated as a Single Family Residence under the General Businesss District this is authorized with the Specific Use Permit. There are already existing houses in the area, it is not overly populated because it is under the ACUIZ. Steve Simonson advised he felt that the Specific Use Permit would be the correct recommendation for the request. Merwin Willman questioned Mr. Huckobey about there being two (2) buildings or homes next to each other on this property. Mr. Huckobey advised that there is a property line with the neighbors being on the Huckobey's property line. Merwin Willman moved to disapprove a request for the rezoning from General Business to Residential and recommend to the City Council that a Specific Use Permit be considered in accordance with Article XXIII in the Zoning Ordinance. Tony Moreno seconded the motion, which carried with a unanimous vote. #5 CONSIDER AND MAKE RECOMMENDATION: Request from David H. Vick, of 7537 E. 1518 North, to Rezone from General Business to Residential David Richmond stated if Mr. Vick was notified and is not present we need to table this request until the next meeting so he may -2- appear. David Richmond moved, in the absence of Mr. Vick, to table his request for rezoning from General Business to Residential until such time as he appears before the Commission and that the City send another letter to Mr. Vick. Tony Moreno seconded the motion, which carried with a unanimous vote. Councilman Ken Greenwald made the request for another letter to be sent to Mr. Vick. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Cheryl Culwell for a Waiver on the number of Portable Sign Permits Allowed Chairman Pia Jarman advised that instead of the two (2) permits a year 60 days at a time which is allowed, The Homesteaders are requesting to have four (4) permits a year, 1 week at a time. Chairman Pia Jarman questioned Mrs. Culwell on the number of signs they will need for advertisement and the location. Cheryl Culwell stated that they will use one (1) sign each one week period. The request is due to the fact that they need the sign four (4) different times in a year. Most of the time the sign will be on FM 78. Steve Simonson stated that the ordinance controls the amount and the length of time for a portable sign to be displayed. He foresees no problem. Merwin Willman moved that the arts and crafts group, known as The Homesteaders, be granted a variance to Article IX (9) paragraph 10, Portable or Mobile Sign Ordinance, for 4 shows a year: May 12 & 13, July 7 & 8, October 6 & 7, and November 24 & 25. Keith Van Dine seconded the motion, which carried with a unanimous vote. Keith Van Dine suggested if this is going to be a request from year to year, why not give Steve Simonson the authority to approve this request without having to come before the Commission. Merwin Willman commented that the variance is given so he sees this as not a problem. Steve Simonson stated if the Commission would like to give him the authority that is fine, as long as they do not deviate from the published requirements as stated (one 90 day or two 45 day), any deviation would be brought to the Commission. Ken Greenwald commented that the group is very good at picking up the sign and removing it as stated. They also bring business into the City. ~8 DISCUSSION: UDC Review The Commission reviewed pages 73 - 93 with all of the changes being made at this time. -3- ~9 GENERAL DISCUSSION: Tonv Moreno• Tony Moreno stated he had no comments. Keith Van Dine• Keith Van Dine asked about the truck stop on FM 1518 and IH 10 if this property is in Schertz City limits or Bexar County, San Antonio City Limits. It seems there was some confusion last week. A gentleman walked into the business with chest pains. They called Schertz Police Department for an ambulance. Schertz informed them they were in the county. They then called Bexar County which resulted in more confusion on who should respond. Unfortunately the gentleman passed away in the confusion. Steve Simonson stated that area is Bexar County and always has been. Councilman Ken Greenwald commented that a representative from the Bexar County Hospital District was out three or four months ago and they are trying to work things out. The problem is Bexar County Hospital District services this area and has a contract with San Antonio for ambulance service which they pay for. If SAFES was to service the area they will not get paid. If Live Oak, Cibolo, Schertz, and Universal City, tax payers pay for this service why should Bexar County Hospital District get it for free. If someone's life is in jeopardy, SAFES will become first responder and stabilize. Steve Simonson stated that SAFES has at times gone out of the service area and stabilized the patient. Councilman Ken Greenwald stated with the new enhancement with Southwestern Bell the 911 service enables citizens to be connected to their service area without any delays. Every time a new area is annexed Southwestern Bell is notified so the services can be upgraded to include the new areas. This leaves no question who services the area. Keith Van Dine asked the Commission about item #4 on the agenda being denied the request, but instead added an item on the agenda by making a recommendation. David Richmond stated it wasn't something that required something additional either from them or the City staff. It was an alterative that was in keeping with the request. Steve Simonson advised in keeping with the ordinance you were not going against the ordinance in any way. In the General Business District you are authorized a Specific Use Permit for Single Family Residence. Ernie Evans• Ernie Evans stated he had no comments. -4- Merwin Willman: Merwin Willman pointed out on the zoning map the area from Lower Seguin Road FM 1518 to IH 10 was zoned General Business in 1989. At the time it seemed to be the right thing to do. Over the years Merwin Willman has thought about this and is concerned that since it is all residential out in that area maybe it is time to change it from General Business to Residential. The residences will build faster because of the sewer and water lines already established and the land being so beautiful in that area. Steve Simonson described how many beautiful houses there are out on FM 1518 on the West side and with it being zoned General Business a business could build next to a residence. If it was rezoned to Residential then it would have limitations. Chairman Pia Jarman asked if this could be put on the agenda for the next meeting. Steve Simonson stated if the Commission would like to have this item on the next agenda to consider and make recommendation he has no problem. Merwin Willman recommended that the rezoning of Lower Seguin Road FM 1518 to IH 10 be on the next agenda. David Richmond: David Richmond asked if Mr. Burch has attempted to contact Steve Simonson in reference to the letter that was sent to him. Also if there is any other information on any other surrounding activities. Steve Simonson advised that he has been in contact with Mr. Burch informing him of the time frames he needed to contact him. If he does not respond, another letter will be sent stating that his variances have been denied according to the ordinance without involving the Commission. Technically, he has until the middle of March. Steve Simonson also commented if you were to go out to this area you will see how many improvements he has made to improve the building. Steve Simonson stated that the Veterinary Office is under construction with land being cleared. Bill Miller is coming along very quickly. As far as the motel, there isn't any new information at this time. David Richmond asked if there is any new information on HEB on FM 3009 committing to construction for 1995. He has been traveling on Highway 281 and witnessing the steel structure going up for the HEB in that area coming along very quickly. Steve Simonson stated HEB has not made any construction commitments at this time. They are in the process of signing a contract on the sewer line with Seguin State Bank and Trust, but are committed and -5- should have some construction commitments sometime in the spring of this year. Councilman Ken Greenwald: Councilman Ken Greenwald informed everyone that on March 21, 1995 at 7:00 p.m. there will be a public hearing at the Municipal Complex with Paragon Cable on the new rate changes. Councilman Ken Greenwald advised that on April 1, 1995 the BVYA baseball/softball season will begin. They have a lot more children involved this year, so they are looking at having a good season. Councilman Ken Greenwald stated that in the next newsletter there will be more information on the recycling program showing how much money has been brought in. Councilman Ken Greenwald thanked the Commission for the condolence card and told everyone to enjoy the south Texas weather. He was caught in a snow storm with 2' of snow and -40 degree weather. Steve Simonson: Steve Simonson advised that spring clean up is upon us again this year until March 12th. The location is further away with Alamo Waste moving, but as far as items being picked up, that has not changed. #6 ADJOURNMENT: David Richmond moved to adjourn the meeting. Tony Moreno seconded the motion, which carried with a unanimous vote. Chairman Pia Jarman adjourned the meeting at 8:50 p.m. The next regularly scheduled meeting is March 14, 1995. P~ Chairman, Planning and Zoning Commission City of chertz, Texas ATTEST: v~ Planning S cretary City of Schertz, Texas -6-