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03-08-1988 PLANNING AND ZONING MINOTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, March 8, 1988 at 7:00 P.M. in the Municipal • Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING COMMISSION. OTHERS PRESENT BOB ANDREWS, CHAIRMAN MARK LACOMBE TY BRISGILL VICE-CHAIRMAN ~ PATRICK LACOMBE KEITH VAN DINE, SECRETARY MIKE RILEY MERWIN WILLMAN MARTY MARTINEZ ;MARY MARSH JOE MCFADDEN GEORGE VICK DENNIS SAWYER 'KEN GREENWALD, COUNCILMAN HARRY RICHBURG MEMBERS ABSENT CITY STAFF RANDY GROSSMAN STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SECY. #1 CALL TO ORDER .Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINIITES: Regular Session February 23, 1988 Merwin Willman pointed out that on Page 3, Paragraph 4, PD should be changed to PUD and also asked Ty Brisgill if on Page 3, Paragraph 3, the PD shouldn't be changed to PUD and Mr. Brisgill said yes it should be changed. Merwin Willman made a motion to approve the minutes, as amended, for the regular session February 23, 1988. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND TARE APPROPRIATE ACTION: •Preliminary and Final Plat Approval, PC 141-88, Schertz Parkway Units 1,2,3,& 4 (Joint Venture) Chairman Andrews asked for Staff input. Steve Simonson informed the Commission the Schertz Parkway had been built according to the Subdivision Code and thoroughly inspected by our engineer and their engineer, and also by our inspectors. Mr. Simonson further stated the City has officially accepted the parkway and has taken over the responsibility of it. Ty Brisgill asked if the stake in the tree will cause any problems for Woodland Oaks and Steve Simonson replied no it will • not, but he will ask the engineer to double check on this matter. There being no further discussion, Merwin Willman made a motion. to approve the preliminary and final plat for PC 141-88, Schertz Parkway Units 1,2,3, & 4 (Joint Venture). Mary Marsh seconded- : .the motion and the vote was unanimous in favor. Motion carried. #5 CONSIDER AND MAKE RECOMMENDATION: Knights of Columbus - Zoning Change #88 (Requesting additional 94 feet of. front Lot be _ zoned GB and the: back Lot - ~ be zoned NS) Mark and Patrick Lacombe were at the meeting to represent this request. Chairman Andrews asked for Staff input. Steve Simonson informed- the Commission the Staff has no input, but he would like to point out there is no longer a through street in the plans of the Knights and they are now asking for a rezoning of the property. Chairman Andrews commented that the Knights had asked for an extension on their Specific Use Permit, but that could not be done, so he had spoken with them and suggested they write a letter stating their intentions and requesting the zoning change. Mary Marsh remarked she could not find an entrance to the property so Merwin Willman pointed out to her the curb cut off Pfeil Street.. Merwin Willman said he had noticed a 10' x 8' slot marked off by the Schertz Parkway and wondered why, and Patrick Lacombe replied that was marked off for signage. Chairman Andrews asked if the Knights will retain the driveway in Lot 2 if they either build on it later•or sell it off and Patrick Lacombe replied yes they plan on retaining it. Merwin Willman stressed that the main thing to be considered tonight is whether or not Planning and Zoning is going to recommend this request for a public hearing. • Mary Marsh questioned what happens later on if they decide to build on the lot zoned General Business and Chairman Andrews explained that if what they plan to build is approved in the . Schedule of Uses for General Business, then it's okay to build, but if not, then they would have to request a Specific Use Permit. • -2- Chairman Andrews then asked the Commission to consider if this request warrants going to another public hearing. Ty Brisgill stated he didn't think there was a choice to which Steve Simonson remarked that the Commission doesn't have to • recommend a public hearing. Chairman Andrews noted that if it merits it, the request can be recommended for a public hearing or the Commission can deny the request. Mary Marsh commented there is a fine line between Neighborhood Services and General Business. .'Steve Simonson pointed out that things such as auto body repair :cannot be in Neighborhood Services because. of .noise and/or -the 'possibility of noxious fumes. Chairman Andrews: asked if this request met the .criteria of Article XXII, Section 2, Paragraph 2.2 of the Zoning Ordinance which reads as follows: "Petitions shall be reviewed by the Planning and Zoning Commission at it's regularly scheduled meeting. The petition shall appear on the agenda that has been published and distributed to them not less than three days prior to such meeting. The application or petition may be recommended for a public zoning hearing by the majority of the Planning and Zoning Commission, if the following conditions are met: 1. The requested change is in keeping with the comprehensive plan adopted by the City Council. 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 applicant shall be advised in writing by an appropriate City Staff member of action taken on the petition." After reviewing the four requirements, it was decided this request met all the necessary criteria. Mary Marsh made a motion to recommend approval to City Council for a public hearing on the request from the Knights of Columbus • for Zoning Change #88 -•request to rezone Y.ot 1 as Neighborhood • Services and to rezone an additional 94 feet of Lot 2 as GB (the front 200 feet is already GB). Merwin Willman seconded the • -3- motion but stressed that the Commission needs more metes and bounds by the time of the public hearing. The vote was unanimous in favor. Motion carried. Chairman Andrews advised Patrick Lacombe it would be best if he had more specific metes and bounds by the time of the public hearing and also to think about installing sidewalks. Steve Simonson passed out copies of a letter from the Knights of Columbus saying it may or may not be germane, but they should have the information for the public hearing. The letter addresses the subject of fences required. .in a Neighborhood Service District when the property abuts residential lots. The Knights are asking for special- consideration in not enforcing that requirement since in their case, although their property - does abut residential lots, those lots are undeveloped. #6 CONSIDER AND TARE APPROPRIATE ACTION:. John.Paul Bogran on Behalf of Joe McFadden - Request for 20' Variance to the Frontage Requirements on IH-35 Northbound Access Road Joe McFadden was at the meeting to represent this request. Chairman Andrews asked for Staff input. Steve Simonson informed the Commission Mr. McFadden has the necessary square footage required for a General Business lot, but he has only 80 feet of frontage rather than the required 100 feet and is, therefore, requesting a variance of 20 feet. At this time Chairman Andrews asked Joe McFadden if he had any comments. Mr. McFadden told the Commission he has no plans for retail, his business is strictly wholesale from dealer to dealer, sort of a storage place between auctions. Ty Brisgill asked Joe McFadden if he has any plans for signage and Mr. McFadden replied no, he really doesn't need the exposure. ~ When Ty Brisgill asked about the entrance which is located between telephone poles, Joe McFadden .said that is where the ,State ask him to put the entrance. George Vick asked if most of the cars he would have on the lot would be late models and Joe McFadden replied there would be no junk. Mr. McFadden further emphasized that the business would be a.lassy, it would be asphalted. Chairman Andrews asked if he would be doing any leasing and Joe McFadden replied he does some leasing to'tire testing companies, but he does no .retail leasing. Chairman Andrews reminded the Commission two of the main questions they have to ask when consideration is given to granting a variance are (1) is hardship self-imposed and t2? can the problem be alleviated in any other manner. -4- i Joe McFadden indicated he was not aware of the 100' frontage requirement when he purchased the lot. Mary Marsh asked Joe McFadden when he purchased the property and he replied in April, 1987. Chairman Andrews asked what subdivision the lot is in and was informed Freeway Manor. Ty Brisgill questioned whether or not the Commission needs a better description of the property. ..Chairman Andrews asked Joe McFadden if has: metes and bounds for the property and he replied yes he does and he also has a survey. Mary Marsh asked Joe McFadden how he .came about the knowledge of the problem of'not.having enough frontage. Mr. McFadden replied when he checked with the City about permits he was advised of the frontage requirement and advised he needed to request a variance. Chairman Andrews suggested this item be tabled until the next meeting so the Commission can look at the survey. Ty Brisgill stressed the need for exact measurements so the Commission knows how much of a variance they are being asked to consider granting. Steve Simonson said the next meeting is scheduled for March 22nd. Ty Brisgill made a motion to table Item #6 (John Paul Bogran on Behalf of Joe McFadden - Request for 20' Variance to the Frontage .Requirements on IH-35 Northbound Access Road) until the next regularly scheduled meeting so Mr. McFadden can submit the survey providing the Commission access to metes and bounds and exact dimensions for determining precisely how much of a variance Mr. Fadden will require. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. • After the vCtte, George Vick asked if a fence requirement was • applicable to this situation and Steve Simonson 'said no, only when the property abuts residential lots: Merwin Willman commented that, technically; this request should • go to a public hearing. This prompted a lot of discussion as to • the interpretation of the ordinance sincesome of the Commissioners disagreed with Mr. (+~illman's interpretation. Chairman Andrews observed this would be a good question to get • resolved. -5- #T CONSIDER AND MARE RECOMMENDATION: Discussion of the 800+ Acres, and it's Zoning, Surrounding the Schertz Parkway Merwin Willman had worked up and displayed a map with the zoning • and acreage broken down as follows: Zoning Acreage GB Windy Meadow Business Park.. Block 1, Lot 1 (Creek side of FM 1518) 4.931 Block 2, Lots 1-28 ~ 31.290 36.221 GB 500 ft. on both sides off' Schertz Pkwy. from. center of R.O.W. From north side of Live Oak Estates to intersection of .Schertz Pkwy. and East Live Oak 180.35 MH Windy Meadow Mobile Home Park 28.706 Drainage 8,993 38.699 R-5 Garden Homes 44.5 R-1 Single Family Dwelling 5 R-2 Remainder of Acreage 545.76 r TOTAL 850.53 Mary Marsh questioned why on each side of Schertz Parkway there is .strictly General Business and no Neighborhood Services. • Harry Richburg, one of the citizens present, spoke up and said it was agreed that if the landowners put in the Schertz Parkway at no cost to the City; a 500 foot- depth along each side would be zoned General Business. Chairman Andrews explained to Mary Marsh that~.Neighborhood Services is more restrictive than General Business. Mary Marsh confirmed then that Neighborhood Services is incorporated into General Business. ~ ~ - • Steve Simonson pointed out that the Schertz Parkway Overlay Ordinance restricts some types of businesses just by it's nature. Keith Van Dine commented then, that because of the Overlay Ordinance, even though it's General Business we still have some control. . -6- Merwin Willman mentioned the Platting Fees Ordinance saying it also prohibits some businesses because of the cost. Ken Greenwald observed there is nothing to preclude a developer from buying R-2 property and breaking it into PUD's. Chairman Andrews asked if the Commission wants to have this public hearing scheduled in conjunction with the public hearing for the Knights of Columbus. It was decided if it is possible, yes, but not necessary if it cannot be accomplished timewise. Merwin Willman made a motion to recommend approval to City Council and request that a public hearing be. called to reconfirm the zoning and establish the number of acres each zoning classification will cover for the 800+ acres surroundiri.g the Schertz Parkway. Mary Marsh seconded the motion and the vote was unanimous in .favor. Motion carried. Merwin Willman had drafted some letters he thought should be used when sending the recommendation to City Council and when sending out the notice to the landowners. He passed out copies of the letters to the Commissioners. The main point of the letters was to stress the use of the word "reconfirm". #8 CONSIDER AND TAKE APPROPRIATE ACTION: Discussion on Updating the City Plan (pages 1-16) The Commission covered pages 1-16 of the City Plan making their corrections and/or changes, additions, and suggestions. It was decided that at the next regularly scheduled meeting they -would like to cover pages 23 through 31 and pages 49 through 57 and Chairman Andrews asked that this be put on the agenda. Mary Marsh asked how soon they would know whether or not the prospective college student has been engaged to help and Steve Simonson said possibly they would know by the next meeting. Merwin Willman suggested that maybe the City Manager could help. Mary Marsh stressed the importance of the statistics and how they will determine what is planned for the future. . Merwin Willman commented that the length of time this updating . process takes will depend. on the .procedure used and mentioned_ several ways ~ such as public hearings and sending out .questionnaires to the citizens. . Mary Marsh remarked that she Iikes the idea_of .Planning and . Zoning coming up with the first draft, and then taking it to the' citizens: Mrs. Marsh went~on to say this could be done through the Citizens Awareness~Group. _7_ Merwin Willman indicated he would like someone with experience to come in and answer the Commission's questions. Steve Simonson said, in his opinion, he thinks the City Plan • should be what the Staff as an entity foresees for the City. Mr. Simonson further stated that. citizens` panels sometimes make things hard to sort out. Keith Van Dine mentioned the possibility of selective citizen input, Ty Brisgill noted there would probably be a lot of self- interest input- instead of a broad-based view, and Chairman Andrews said if a public hearing is held, there will need to be specific questions .asked. . Merwin Willman commented the Commission could. look at questionnaires sent out by other cities. Ken Greenwald reminded the Commission they need to look at who the plan is directed. to - namely, Council, Planning and Zoning and Staff . Merwin Willman brought up the possibility also of using input from the various department heads of the City. #9 GENERAL DISCIISSION Mary Marsh asked Steve Simonson if he had ever found anything out about the street names in Oak Forest as to whether they are drives or lanes depending on whether or not they are perpendicular to Jack Hays. Mr. Simonson replied he had spoken with Alice Austin, the Office Manager, who is in charge of assigning addresses, and she said they were all drives unless originally named something else. Mary Marsh said the Oak Forest Community Council would like for Planning and Zoning to address what will happen to the small area . - in front of Oak Forest after Jack Hays is expanded. Chairman Andrews reminded Mrs. Marsh the land belongs to Coy; • Simmons. Mary~Marsh then asked what the City envisions for that area and • • would they accept it or take it over if it were given to them. Keh Greenwald replied that any land anyone wants to-give, and he did stress ive, the City will accept. Mary Marsh said they will probably start Yiy writing' a letter. to ' ~ Coy Simmons and Steve Simonson indicated he thought that •was a ' ~ good idea. ~ • • Keith Van Dine mentioned 'two things in the~Schirmerville area. that the Inspection Department needs to check on: (1) there is a new barn going up behind a brick house on Pfeil Road, and (2) • there is a 'res'idence on Pfeil that looks like a junk yard. . ~ -8-• Mr. Van Dine also noted that along Ware Seguin where the City has been shredding, they left two big piles. Mary .Marsh commented that they also mutilated some trees in. Oak Forest and was informed by Steve Simonson that was not the City, that was GVEC. George Vick asked how many more supports the railroad was going to build, commenting that they are putting cement residue in the. creek and the cofferdam just keeps growing. Steve Simonson replied they still need a couple more on the sides and he was told they will be at least another six month's .completing the. work. Merwin Willman-brought up the following: (1) Pecan Grove Mobile Home Park is advertising RV .lots for $50.00. (Steve Simonson said he would .check on it.) (2) In regard to Pecan Grove Mobile Home Park, do you think we can hold the new owner to all the improvements as far as the floodplain that were supposed to be accomplished by the old owner? (Steve Simonson said he doubted it, but he would check.) (3) On FM 78 there is a school zone - why is it there, and is it needed? (Mr. Simonson said he would check into it, but he thought it was there because of the mobile home park.). (4) Wondered if the bank has come in and ask for a truck park in back of their building. Ty Brisgill had several thing to bring before the Commission: (1) The culvert between Dimrock and the south property line in Woodland Oaks has a bunch of dirt and weeds in it and needs to be cleaned out. tSteve Simonson said he would look into it.) (2) On East Live Oak where they are putting the culverts, are they going to be underground and wi],1 they hold all the water, or is it just going to be~ a :low water crossing? (Steve Simonson . - replied it is going to. be a low water crossing.) ( 3 ) Didn't see any ~ "Road Closed" ~ signs . on E. Live Oak. ( Steve Simonson•s,aid they should have been there.) Ken Gr-eenwald brought up the following: . (~1) GVhat'~s going on at the old nursery on FM ~ 78? Chairman . Andrews said they are making concrete barriers. (Steve Simonson.. • said he would liav'e th-e Inspection Department check it~out.) t2) Asked Steve Simonson if he ever found out anything about the abandoned vehicle on Valley Forge. (Mr. Simonson said~the Police Department .had checked on it and he would let Mr. Greenwald know what they found out.) ~ -9- (3) Said last week there was a session with Forbes Management, who own considerable property along IH-35, about the possible use of some of their land for a sewage plant. Mr. Greenwald passed around a copy of a handout in which Forbes Management advertises "Select Sites" for development. Chairman Andrews informed the Commission he is on the Board of Directors for United Way and if anyone knows someone in need, Mr. Andrews said to tell them to get the paperwork turned in. Steve Simonson said CVADAC has called three times trying to get someone to send them: the paperwork for filling .out and they haven't succeeded yet in getting it sent to them. Chairman Andrews said he would check into the: matter. #10 ADJOURNMENT Chairman Andrews adjourned the meeting at 9:35 P.M. The next regularly scheduled meeting is March 22, 1988.