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03-09-1993 PLANNING AND ZONING MINUTES The ,Schertz Planning and Zoning Commission convened in a regular session on Tuesday, March 9, 1993 at 7:00 P.M. in the Municipal Complex conference room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN ROBERT LEININGER GEORGE VICK, VICE-CHAIRMAN HARRY JEWETT OLIVER NELSON, SECRETARY ART BARTLETT BOBBIE VONADA DAVID ALLEN DAVID RICHMOND ERIC MOEDE KEN GREENWALD, COUNCILMAN BILL TRIPLETT MEMBERS ABSENT CITY STAFF MERWIN WILLMAN STEVE SIMONSON, KEITH VAN DINE ASST. CITY MANAGER NORMA ALTHOUSE, RECORDING SECRETARY MARK MARQUEZ ADMINISTRATIVE ASST. #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session February 23, 1993 George Vick made a motion to approve the minutes for the regular session February 23, 1993. Oliver Nelson 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 TAKE APPROPRIATE ACTION: Preliminary and Final Plat Approval for the Vacate and Replat of Lots 1-13, Block 7 and Lots 1-12, Block 8 to Lots 1R-13R, Block 7 and- Lots 1R-12R, Block 8, Oak Forest Subdivision, Unit III (PC #190-93) Chairman Andrews advised the Commission that in 1979, when the .plan was originally approved, a home- was built with a maintenance easement on the west side of the lot and other .people followed suit. When a lady recently purchased a lot. and the surveyor went out to survey the property, he informed her she was building on the wrong side. Steve Simonson then continued the conversation saying the City had an inquiry from the lady whose house is being built about what could be done to rectify this situation. A letter was written to Coy Simmons asking that he vacate and replat the existing lots and the City would waive all the normal fees except the County filing fee and would process this as soon as possible. _ Mr. Simonson went on to say the only hold-up was going to be a public hearing required unless everyone effected gave their approval of the vacate and replat. A deal was worked out where Chairman Andrews contacted every home owner and had them sign a letter giving their approval. Mr. Simonson indicated he has letters from all the property owners with their approval - he even has one of approval from Coy Simmons' lawyer. Steve Simonson then pointed out that Lots 1R and 2R will not change, they will stay the same because the existing homes were not built on a zero lot line. This places both maintenance easements on Lot 3R and he has spoken with Coy Simmons, who owns the lot, and Mr. Simmons is aware of the situation. Lot 4R is where the lady is building and her house is up against a zero lot line where it's supposed to be. Once this plat is approved, the lady's house can continue to be built, and all existing inequities will be corrected. Oliver Nelson made a motion to approve the request for preliminary and final plat approval of the vacate and replat of Lots 1-13, Block 7 and Lots 1-12, Block 8 to Lots 1R-13R, Block 7 and Lots 1R-12R, Block 8, Oak Forest Subdivision, Unit III (PC #190-93). Bobbie Vonada seconded the motion and the vote was unanimous in favor. Motion carried. #5 CONSIDER AND MARE RECOMMENDATION: Request from South- western Bell Mobile Systems, Inc. for a Specific Use Permit to Operate a Cellular Telephone Antenna Approximately 250 Feet North of the Intersection of IH-35 and FM 2252 on the East Side of IH-35 (BOA #39) Harry Jewett was at the meeting to represent this request. Chairman Andrews reminded the Commission this request requires they make a recommendation to City Council for a Board of Adjustment hearing. Mr. Andrews then asked for Staff input. Steve Simonson answered he has no further input - the Commission has his comments in his notes to them. This is a straightforward request to place a cellular telephone- tower within our City limits along IH-35. This tower is not in a flight pattern, or near major power lines. There are no residences near the area that would be effected. -2- Mr. Simonson stated the tower would be located where the big monopole signs is in front, which Mr. Jewett has shown in his Site Plan, and next to Freeway Manor. Harry Jewett showed the Commission a drawing of the proposed area and tower. Mr. Jewett stated they're coming in with a 20' access road about 60' off the right-of-way of IH-35. They have an area about 75' square and are going to fence off about . a 75' x 60' area. They have an equipment enclosure which is a pre-fab/masonry building where they put their computer and telephone equipment and it sits adjacent to the antenna. Mr. Jewett remarked if the Commission is familiar with the location, there is now a billboard there with a Gunn dealership sign on it. The area will be enclosed in chain link fence. Mr. Jewett explained they need this to better serve their cellular telephone customers in the area. Mr. Jewett then exhibited a picture of a similar area and tower located on 410 East before you get to Highway 90. Mr. Jewett noted that the tower is 150' high. Chairman Andrews asked if the tower will have a red blinking light and was told it is not required at this height. David Richmond inquired if there will be any night lights and if there will be security_.other than the fence. Harry Jewett replied no to both questions and informed Mr. Richmond they have an alarm on the building. George Vick wondered if there will be guy wires and Harry Jewett related it is self-supporting. It is designed to hold a sustained wind load at the top of 80 mph with one inch of ice load. They have never had one fall down. They know the risk is enormous if it is not supported properly. Mr. Jewett went on to say this is a half a million dollar investment. It requires telephone and electric only, no water or sewer, no traffic, no noise. Also, no manpower is needed, but-they do have a man that checks on it about once a month. George Vick then asked if it will interfere with police radios and Steve Simonson replied it will not. David Richmond made a motion to recommend approval to the Board of Adjustment of the request from Southwestern Belk Mobile Systems, Inc. for a Specific Use Permit to operate a cellular telephone antenna approximately 250 feet north of the intersection of IH-35 .and FM 2252 on the east side of IH-35 (BOA #39). The motion also requested a public hearing be scheduled. .Oliver Nelson seconded the motion and the vote was unanimous in favor. Motion carried. -3- 6 #6 CONSIDER AND TAKE APPROPRIATE ACTION: Final Plat Approval- PRO-TECH Subdivision (PC #189-93 ) Robert Leininger of Fisher Engineering was at the meeting to represent this request. Chairman Andrews asked for Staff input. Steve Simonson replied the only input he has is the same as his notes to the Commission. They have made the corrections to the plat as requested. In addition, arrangements have been made to place a fire hydrant across the road from the property. Chairman Andrews asked approximately where the hydrant will be and Steve Simonson told him on Doerr Lane somewhere in the vicinity of the PRO-TECH building. George Vick asked if San Antonio has utility easements out there and Steve Simonson replied there are City Public Service easements. Chairman Andrews then questioned if there shouldn't be a floodplain statement on the plat .and Steve Simonson acknowledged that's his fault, he didn't notice it isn't on the plat, and will get it put on before the plat is recorded. Bobbie Vonada made a motion to approve the final plat for PRO-TECH Subdivision contingent on the floodplain statement being added to the plat. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. #7 CONSIDER AND MAKE RECOMMENDATION: Request from Arthur Bartlett for a Specific Use Permit to Utilize 5 Acres at 18701 IH-35 N as a Holding Area for Cars Purchased and in the Process of Being Prepared for Sale (BOA #40) Arthur Bartlett was at the meeting to represent this request. Chairman Andrews reminded the Commission this .another case where the Commission has to make a recommendation to City Council for a Board of Adjustment hearing. Mr. Andrews then .asked for Staff input. Steve Simonson informed the Commission Mr. Bartlett is using the area to prepare."Classic" cars. The area is out by Bishop Center and Stone Creek RV park. Mr. Bartlett needs the Specific Use Permit to maintain the number of "Classic" cars he has. All .fees have been paid. Bobbie Vonada questioned if the cars are definitely fixed up and moved out in a reasonable time and Arthur Bartlett replied yes they are. -4- 0 George Vick then asked if there's a fence around the property to which Arthur Bartlett replied there's a;chain link fence,. but he will put up a privacy fence if necessary. Steve Simonson reported that the owner of Stone Creek RV Park had asked the City to be aware of the number of cars Mr. Bartlett has on his property. People don't feel secure at the RV Park when there's lots of junk and trash surrounding them. Mac.: Simonson pointed out that the area Mr. Bartlett has taken over next to Bishop Center used to be strictly trash, but a lot of :improvements have been made. Bobbie Vonada wondered if just putting up a fence will satisfy the owner of Stone Creek and Arthur Bartlett replied it will. Steve Simonson added that from a Staff point of view, if Mr. Bartlett doesn't create a junk yard, a fence should satisfy everyone concerned. Oliver Nelson questioned what height fence we're talking about and Steve Simonson replied a 6' fence. Bobbie Vonada asked if it will be a' privacy fence and Arthur Bartlett replied yes it will be. Chairman Andrews expressed the opinion it is not the City's idea to impede business, but to allow them to cooperate so they can comply with all regulations. The Commission requested this statement be included in the recommendation to the Board of Adjustment. There being no further questions, Oliver Nelson made a motion to recommend approval to the Board of Adjustment (since the City does not wish to impede business, but instead allow them to cooperate so they can comply with all regulations) of the request from Arthur Bartlett for a Specific Use Permit to utilize 5 acres at 18701 IH-35 N as a holding area for cars purchased and in the process of being prepared for sale. Also included in the motion was the request to schedule a public hearing. .David Richmond seconded the motion and the vote was unanimous in favor. Motion carried. #8 CONSIDER; AND TARE APPROPRIATE ACTION: ~ Preliminary Plat and Site Plan Approval - HEB 35/FM 3009 Subdivision (PC #191-93) Dave Allen of MBC Engineers and Eric Moede and Bill Triplett of HEB were at the meeting to represent this request. Chairman Andrews brought out the fact the Commission had talked about this plat briefly in the past and had hoped to see it come to reality. Mr. Andrews then asked for Staff input. -5- Steve Simonson remarked to the Commission they not only have the plat in front of .them but also the Site Plan. Mr. Simonson noted he had spent considerable time with Ford Engineering reviewing the grading plan and the plat. As a matter of fact, City Engineer, Ed Ford, complimented MBC Engineers on the fine work they did on the plat. Mr. Simonson continued on saying there is only one change that should be made on the plat and that is the effective date in the floodplain statement. Mr. Simonson then covered several points on the Site Plan and the grading plan, bringing up the following: (a) we need to know where their signs are going to be placed - the height of the signs can be discussed during the platting process; {b) as far as where the water drains, there are underground drains to the easement out back, there will be slight sheet flow down hill; (c) concerning entrances, there is the Barshop easement which will be used by both HEB and McDonald's, there is another down from that about 400', and there is the service entrance to the back of the building; IH-35 has four entrances to it; (d) there is ample landscaping, the required setbacks, and a greenbelt area on both FM 3009 and the IH-35 frontage; (e) you will see lights, trees and shrubs throughout the parking area; and, (f) the only question not answered is where the sewer will be and that will be worked out when. they're ready to build - they have 3 options, (1) down to Mobile Villa, (2) down FM 3009, and (3) out back to the CCMA outfall. Mr. Simonson told the Commission that contingent on the sign questions being answered and the effective date on the floodplain statement being corrected, the Staff recommends approval. Mr. Simonson also reminded the Commission that HEB does not have a timetable. There was a brief discussion on`the flow of the exists along the IH-35 access road. Chairman Andrews commented that he gets skeptical when it comes to the amount of drainage. Steve Simonson explained that the same people. selling the property to HEB are selling the property. south of. this development and he understands Barshop is presently contracting to build the drainage right-of-way on their property to meet -6- C the FM 3009 building program the City is going into. Mr. Andrews then asked `if we have a commitment from them to continue the underground flow south until it ties into the main drainage area and Dave Allen replied that is the intention, but it depends on what develops. Steve Simonson then explained a little about the drainage and said everything is in place to receive water. Mr. Simonson mentioned the need to know where the signs will be placed before final approval of the Site Plan. Eric Moede commented they need a little time to think about it and mentioned they need to take into consideration what they will need when they have other tenants. George Vick asked how many other tenants they're expecting to have and Eric Moede answered they envision 6 or 7. Mr. Moede went on to explain, though, that HEB will build their store (a stand-alone unit) first. They will not be speculative about other tenants, but will require a lease. Chairman Andrews asked if they had any. kind of a time plan. One to three years? Three to five years? Eric Moede replied he would like to see it in one to three years, but since he lives in the area, he can't be objective. Mark Marquez advised Mr. Moede to let the City Staff know if they can help. .Eric Moede observed that it's nice to work with a city that's helpful and that wants to grow. David Richmond questioned how soon after final approval do they plan to put up their' development sign and Eric Moede acknowledged they're still in the feasibility stage, but after final approval, they will put up a future development sign immediately. Bobbie Vonada inquired how large a radius of trade area they feel this new store will cover and Eric Moede replied half way to New Braunfels. Mr. Moede said they are also going to build a store at Walnut, but they figure the Schertz store will draw some of the people from Universal City and also from Canyon Lake and perhaps some from Seguin. They figure they will get 60~ of their business within a three mile radius. Bobbie Vonada wondered how this will compare to the one on the northwest side of Austin because that_one is really good looking and she was_ impressed. Eric Moede indicated this one will be slightly larger and said Bill Triplett is an award-winning designer who tries to design things so they tie -7- in with the area where they are located. David Richmond noted that they will probably pull some of their business from the Albertson's store in Universal City. David Richmond made a motion to approve the preliminary plat and Site Plan for HEB 35/FM 3009 contingent on the effective date in the floodplain statement being corrected on the plat _ and the location of the signs being included on the Site Plan. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. #9 CONSIDER AND MARE RECOMMENDATION: Development and Growth Plan Update - Recycling Steve Simonson advised that Mark Marquez had worked up an article on recycling for the Plan and Chairman Andrews said Mr. Marquez will give the Commission a quick briefing on the subject. Mark Marquez began by saying there are several aspects to recycling, some are good, some are not. A few years ago there was a committee, appointed by the Mayor, that looked into the recycling situation. Mr. Marquez indicated, that in his opinion, curbside recycling is the worst solution. It is a political problem and a practical problem. Voters have to be convinced to vote to raise their rates to some degree and 50~ of the households have to participate in the program. Curbside recycling diverts less than 10~ of the waste stream whereas a central facility that separates recyclables diverts about 85~ of the waste stream. However, such a central facility would cost around 15 million dollars and, obviously, the City of Schertz cannot afford this on its own. Mr. Marquez further stated the City is working with several companies and just last week he got in a proposal of 7 million dollars from one gentleman to build such a facility and the gentleman claimed the City will make 1.7 million dollars in revenue every year and he will buy all that is produced. Needless to say the City is looking into it. They are also applying for an AACOG (Alamo Area Council of Governments) grant to finance a feasibility study. One element of concern in regard to a central facility is that we need 1,000 tons per day and the City of Schertz only produces about 20 tons per day. We would have to get political support from surrounding cities and get Northeast San Antonio as well. Mr. Marquez noted that an even- bigger concern is the transportation infrastructure and then touched briefly on the -8- #11; GENERAL DISCUSSION David Richmond: (a~,-Asked if there's anything new with the RTC and the Greenshire property. Steve Simonson said the RTC has put up a big, road block and the Mischer Corporation has resorted to trying to pull some political strings to acquire Greenshire by getting the RTC off dead-center. If the Mischer Corporation doesn't get Greenshire, it appears as if the RTC will take all its local area property to Dallas and put it on the auction block. Mr. Simonson went on to say if the deal on Greenshire falls through, the Mischer Corporation will be looking for more land in the City of Schertz. Mr. Simonson related he has told them to contact Morton Southwest because it may be that Sagemont is available. Chairman Andrews pointed out that if this property goes to Dallas, the RTC doesn't tell buyers anything about ordinances or restrictions, so the Commission will have to maintain its ground as far as what it wants developed in the Greenshire area. David Richmond asked if the City has any recourse in a situation like this. Steve Simonson answered no - it's private property in the hands of the Federal government. Bobbie Vonada• (a) Reported she was glad to hear the County Commissioners Court approved participation in the Tax Increment Financing Plan. Georcte Vick (a) Asked if there's any restrictions on mobile homes as far as their location. Steve Simonson said only on the way they put them in. (b}; Reported that at the corner of Randolph and Marilyn they have been putting up a roof and he sees them working mostly on the weekends. Do they have a permit? Steve Simonson informed Mr Vick they do have a permit. Councilman Ken Greenwald: (a) Reminded everyone of the Art Exhibit- on March. 25th at 7:OOpm being sponsored by CVADAC and the Main Street Gallery. There will be an auction on Saturday, the 27th, at which Tex Farnsworth has volunteered to be the auctioneer. -9- Steve Simonson interjected that this is as it says, a self-expression from people depicting stages and experiences of alcoholism, substance abuse, recovery and healing. There will also ,be poetry readings. f. (b) Pointed out there are articles in the Newsletter about the basketball courts at the large pavilion, about the Tax Increment Financing Plan, and about the Annual Spring Clean-Up. Mr. Greenwald asked that everyone get the word out to their neighbors that henceforth all legal notices will also be in the Newsletter. If anyone wants copies of the Newsletter, for example for a Homeowners Association, please get in touch with Tom Dovey. George Vick commented that when he bought something at Cibolo Creek Pharmacy, they included a Newsletter in his sack. Oliver Nelson asked Councilman Greenwald about the report on a rash of burglaries in Woodland Oaks to supposedly support a drug habit, and wondered if they were local or from the outside. Steve Simonson told Mr. Nelson the thinking is they came from outside the City. Oliver Nelson pointed out that the second question someone asks a real estate agent about a city is its crime rate and this type of publicity doesn't do the City of Schertz or real estate any good. Steve Simonson• (a) Informed the Commission Merwin Willman had knee surgery this morning and is doing fine. He's at the San Antonio Regional Hospital (the old Humana Hospital) on Floyd Curl in Room 539, Bed 1. Flowers have been sent by the Commission and by the Mayor and City Council and Staff. Some of the ladies at City Hall are going to fix warm meals for him and a couple of people have gone together and gotten him a fruit basket. Bobbie Vonada asked when he will get home and Steve Simonson replied probably in 7 to 10 days. Chairman Andrews: (a) Told the Commission, as they probably already know, that Odo Riedel passed away over the weekend. (b) Informed everyone there is a new-business in town. It's a flower shop called "Above the Rest" and is located on Main Street where Betty's Books used to be. -10- # 12 ADJOURNMENT Chairman Andrews adjourned the meeting at 8:15 P.M. The next regularly scheduled meeting is March 23, 1993. -11-