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09-28-1993 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, September 28, 1993 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN DARWIN PEEK GEORGE VICK, VICE-CHAIRMAN WOODLAND OAKS MERWIN W.ILLMAN, SECRETARY RESIDENTS KEITH VAN DINE MIKE CUDE DAVID RICHMOND DUANE MOY TONY MORENO PIA JARMAN KEN GREENWALD, COUNCILMAN CITY STAFF STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SECY. MARK MARQUEZ, ADMINISTRATIVE ASST. #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 PUBLIC HEARING: To receive citizen input on a request from Darwin and Patricia Peek for the rezoning of an 8 acre tract of land from R-1 (Single-Family) to R-4 (Apartment/ Multi-Family). Chairman Andrews explained the procedures to be followed at the public hearing. Mr. Andrews then mentioned an irregularity that had taken place regarding the notice to property owners that was sent out by the City. Someone (identity unknown) added a handwritten note to the drawing of Mr. Peeks's property sent out by the City, made copies of the notice and distributed it to all of Woodland Oaks. That note said "A tptal of 192 apartment units may be built in this area with Dimrock being an entrance/exit for the development." Mr. Andrews stated this is misinformation - Mr. Peek is asking for the rezoning of his land at this time, but has no concrete development plans for the property and Maske Road will be the main entrance/ex~.t, not Dimrock, should development take .place. Anyone wishing to develop the 8-acres will have to upgrade Maske Road. Chairman Andrews asked Steve Simonson for input on the notices sent out. ,Steve Simonson reported 10 notices had been sent to property owners within 300' and all ten of those had been returned - 9 against the rezoning and one in favor. Mr. Simonson then noted he had also received additional notices back from property owners in Woodland Oaks and at this time that total is another 54, all against the request to rezone. NOTE: The final tally, counting the original 10, was 183- notices returned - 181 against and 2 in favor. Those residents speaking against the rezoning, and their reasons for opposition, are as follows: Morley Brinkerhoff, 1016 Dimrock, - there have been drainage problems in the past and they assured us Dimrock would not go on through the subdivision, but it does. Tom Perry, 844 Dimrock - it will cause devaluation of property and create heavy traffic, which is a safety hazard to the Woodland Oaks residents, especially their children. Dennis Cox, 2600 Poplar Grove - same reasons as Mr. Perry. Charles McDonald, 2629 Cotton King - there is plenty of property zoned R-4 in the City now. Also there is a concern about traffic and about drainage. Brooks Pfeil, 2400 Newning - the decisions should be based on what is the best thing for the Schertz community. We have enough R-4 zoning already and an apartment complex will create more crime which will in turn require a raise in taxes to hire more police personnel. Paul Harst, 928 Dimrock - the residents of Woodland Oaks don't want it. To this, another gentleman added the number you see at .this hearing is only a portion of the number of those who are opposed. Dawn Smith, 2404 Newning - people park on Dimrock and our children play on Dimrock, and this will create more traffic. John Jackson, 2613 Cotton King - we realize someday they will open up Dimrock, but we don't want the traffic, we want. it to stay R=1. An unidentified lady in the audience mentioned how Woodland Oaks is a nice closed neighborhood., Nancy King, 2700 Kline - we are as a unit as a neighborhood and work hard to keep it in good shape. We would like to keep it as neighborhood through traffic. Normally, people who rent doe not keep up their homes whereas people who owns their homes do. -2- Even though we realize Dimrock will go through in the future, we would like Mr. Peek's property to stay zoned R-1. Mrs. Bailey, 2717 Starlight - why is it being rezoned if apartments are not planned for the area? Sharon Scott, 2601 Poplar Grove - if we had wanted to live in an urban high traffic area, we wouldn't have moved out here in the first place. The tax revenue is greater from single family dwelling units than from apartment dwellings. Apartment dwellers are a transient population. A Ms. Kinney spoke at this time saying she was concerned about her backyard. Mrs. Lansing of Hidden Grove pointed out the schools are already overcrowded and the City can deter growth if they choose to do so. Cindy Slaughter, 1020 Villa Elm - we checked the adjoining areas to see how they were zoned before we moved here. One lady who resides at Kline Circle expressed concern over destroying the beauty and skyline of the area with tall buildings. Something other than opposition was expressed by the following citizens: Eugene Edwards, 924 Dimrock - whoever put the handwritten note on the notice sent out by the City should be prosecuted to the full extent of the law because it is misinformation. A lady at 2605 Cotton King maintained she had not been notified and she is within 300 feet. Chairman Andrews explained she was not purposely left off the list, the tax assessor is the one who determines which property owners are within the prescribed number of feet. Dennis Cox of 2600 Poplar Grove suggested the public hearing be rescheduled until all property owners are legally notified. At this time Darwin Peek made his presentation. Mr. Peek related. his residence is on the back end of his property and the area he wishes to rezone is on the front end and within approximately 380' of Cotton King. Mr. Peek commented his idea was that a developer could put upscale apartments: in the area. Mr. Peek further stated whoever put out the. information about 192 units and the use of Dimrock as the entrance/exit and passed it off as being represented by the City or by him propagated an outright lie. -3- . Mr. Peek indicated the area should be opened up because there is no other way through and went on to say he has had problems with vandalism on his property, trouble with people crossing his property, and has also had to endure the inconsideration of some using his property for dumping. Mr. Peek pointed out that fire codes today prohibit a street that's as long as Dimrock without another opening. Mr. Peek also informed the Woodland Oaks residents they could not build their homes on his property the way it is currently zoned because R-1 zoning requires larger lots than what they have. Mr. Peek observed that major developers in Woodland Oaks are not required to build out to Schertz Parkway, so he does not feel that he, as a small landowner, should be obligated to fix the drainage problems and upgrade Maske Road. Mrs. Sisk of 904 Dimrock asked Darwin Peek how he would feel about apartments 300' from his house and another gentleman suggested perhaps Mr. Peek come back with a request for R-2 or R-3 zoning. Tom Bean, 901 Dimrock, related he had called the City Inspector and asked how many apartment units per acre are allowed in an R-4 zoning and was told 24 units per acre. Linda Harst of 928 Dimrock reminded everyone present we live in a democracy and the wishes of the majority should be taken into consideration. A lady who resides at 2625 Cotton King said it was good that so many people came out for the public hearing, but Darwin Peek is her neighbor and has been a great neighbor ever since she moved into Woodland Oaks. She wants to keep it that way without creating any hard feelings from anyone. There was discussion about the way property owners were notified, about when the request was originally submitted, about the official newspaper of the City and about the criteria used to determine if a rezoning request should go forward for consideration by the City. Chairman Andrews, addressing the opinions voiced by the citizens present, said he was glad to see them turn out in such large numbers and- then suggested they designate a representative from their homeowners association to attend meetings on a regular basis so they can keep abreast of what's going on in the City and see for themselves how the system works. One gentleman recommended the City Council's public hearing be held in a larger facility to accommodate the number of people expected to attend. -4- •#3 ADJOURNMENT OF PUBLIC HEARING _ There being no further discussion, Chairman Andrews closed the public hearing at 7:55 p.m. The Schertz Planning and Zoning Commission convened in a regular session, following the public hearing, in the Municipal Complex conference room, 1400 Schertz Parkway, Schertz, Texas. #4 CALL TO ORDER Chairman Andrews called the meeting to order at 8:10 p.m. #5 APPROVAL OF MINUTES: Regular Session September 14, 1993 Pia Jarman asked that the minutes be amended, on Page 4, to show that she voted NAY on the request for a sign variance from Burch Roofing. Merwin Willman made a motion approve the minutes, as amended, for the Regular Session September 14, 1993. Tony Moreno seconded the motion and the vote was unanimous in favor. Motion carried. #6 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #7 CONSIDER AND MARE RECOMMENDATION: ZC #109 Pia Jarman believed the people have spoken in defense of a lifestyle even though they were misinformed. George Vick agreed they are defending a lifestyle, but said he takes offense to statements implying that all people who live in apartments are criminals. Mr. Vick commented his son lives in an apartment and is not a criminal. Everyone cannot afford to build $100,000 homes. Also, not all of these people who attended tonight are in the 300' radius. How far out do we go? Mr. Vick further stated people are not fully informed because apartments are not plentiful, they are scarce, and we need more ,of them. Mr. Vick indicated he doesn't know right now how he will vote on this issue. Keith Van Dine explained to George Vick that emotions were running high tonight and sometimes people make statements,. as a result of those emotions,. without thinking of their impact. Mr. Van Dine remarked we need to consider the feelings of the people and then look at ali aspects of the situation. Chairman Andrews advised there are currently 679 apartment units in the City of Schertz and according to his last count, they are 98~ full - the need for apartments being somewhere is there. There is a rule of thumb which says there needs to be a -5- .minimum 5~ vacancy rate in houses in a city or the city will dig, David Richmond commented on-the overriding emotion of the residents of Woodland Oaks and stressed, notwithstanding citizen turnout, the burden is on the City to determine if this request should be granted. Where is the best place for apartments? Should they be in close proximity to single family dwellings? Merwin Willman cited three points: (1) The comment was made that apartments lower property values and he has yet to have someone prove that to him. The Village subdivision properties, for example, did not go down in value when the Sycamore Creek apartments were built near them; (2) He can appreciate the concern about traffic, but he doesn't think, if apartments were built on the property, Dimrock would be the main entrance/exit because it would be the long way around; and, (3) When you deny a property owner, enough times, the permission to develop his property, he can sue - that's the law. Chairman Andrews indicated they need to weigh all the factors as far as what's the best available use of the land. Keith Van Dine felt they had covered only the need for apartments and not any other criteria, but Chairman Andrews pointed out -there have been economic and/or development changes since the area was zoned R-1 and that was the basis for approving the public hearing on this request. Mr. Andrews then reminded the Commission they can table this and meet in special session, if necessary, to make their decision if they feel they are not prepared to make it tonight. This prompted discussion about not having ten days to make their decision because the City Council's public hearing is October 5th. Tony Moreno implied there's a whole series of possibilities for apartments from low density to high density and from upscale to Section 8. We didn't get much input from the .owner as to what is planned for the area. Mr. Moreno then noted that Darwin Peek had indicated he could not improve the road. George Vick stressed that what°'s going to be built shouldn't come into play tonight. The request tonight is only for a zoning change. What's going to built on the land falls under another request. -6- . Tony Moreno maintained, however, this falls into what could be considered the quality of life. We are voting on this hoping for the best. Merwin Willman mentioned that we do have controls on the lot size and other regulations as far as different zoning classifications are concerned. Chairman Andrews declared we are voting only on the .zoning change, but should it be approved, we cannot prevent what's allowed in the ordinance. Pia Jarman wondered if for reasons of public relations, it's wise to recommend approval of the rezoning. Steve Simonson informed the Commission the only way something can develop is if Maske Road is rebuilt. We don't have the required right-of-way and there is a severe drainage problem. Would apartments have a way in and out and would they effect the surrounding area? Is this where apartments should be? Mr. Simonson further commented, that as far as Tiny Elm, it was designed as a City side street to provide another way out of Woodland Oaks in cases of emergency. Chairman Andrews noted that until someone can prove that Maske Road is able to handle traffic, we have a problem. Councilman Ken Greenwald interjected the fact that developers build streets, the City doesn't. David Richmond asked what we lose by voting against the request until we get a better proposal. George Vick made a motion to recommend to City Council that the request from Darwin E. and Patricia Peek to rezone an 8 acre tract of land from R-1 to R-4 be denied until a developer .brings in a Master Plan for development of the property and for development of the road. The motion died-for lack of a second. After further discussion, David Richmond made a motion to recommend to City Council denial of the request from Darwin E. and Patricia Peek to rezone an 8 acre tract of land from R-1 to R-4. Merwin Willman seconded the motion and the vote was as follows: AYES: B. Andrews, M. Willman, K.^-Van Dine, D. Richmond, P. Jarman NAYS: G. Vick, T. Moreno Motion carried. -7- At this time the Commission took a five minute break. '#8~ CONSIDER AND TAKE APPROPRIATE ACTION: .Preliminary and Final Plat Approval - Technos Corporation Subdivision (PC #200 -93) 'Chairman Andrews asked for input. Steve Simonson advised that Technos will be building on a 4.39 acre tract of land on FM 3009, on the north side of IH-35, close to the MKT, and across from Tri-County Unit 4. This plat has been staffed and they find no problem with it. Technos is an international corporation which builds environmental exhaust fans. They are moving their business from San Antonio to Schertz. Merwin Willman remarked they show the boundary on Tri-County Development Park and Steve Simonson pointed out that is not part of the Tri-County we know, but part of the Tri-County that came before all of us were here. It was originally platted on both sides of the road. Naylor took the property on the west side of the road and developed it and built roads. Tony Moreno made a motion to approve the preliminary and final plat for Technos Corporation Subdivision. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. #9 CONSIDER AND TAKE APPROPRIATE ACTION: Master Plan Approval for Woodland Oaks Subdivision, Units 5 and 6 Mike Cude and Duane Moy were at the meeting to represent this request. Chairman Andrews noted 1.82 acres- of proposed park area shown on the Master Plan and then asked for Staff input. Steve Simonson advised the City is still negotiating with Cude and Associates on the bond for the building of a bridge over the drainage ditch. Also, final approval by the City engineer is still needed for the drainage design. They have met all the parkland requirements and the Public Works Department. has '.approved the infrastructure. Tony Moreno questioned if the bond will take care of the whole construction if there's a default and Steve Simonson replied Unit 5 will stop at the drainage ditch and the bond will '..strictly cover the cost of the bridge over the drainage channel. Tony Moreno then asked if the bond amount has an escalating factor built into it for cost increases and Steve Simonson- replied yes it does. -8- . Chairman Andrews inquired if the bond simply ensures the bridge will be built and Steve Simonson answered no, it will actually provide the money to build the bridge.- Chairman Andrews wanted to know if this unit of Woodland Oaks will belong to the existing Woodland Oaks Homeowners Association. Steve Simonson replied this unit will have a homeowners association and they are currently talking with the one in Woodland Oaks. Mike Cude explained they have two options on this, They can join the existing homeowners association, which takes the consent of both parties, or they can form their own. Either way~they will have one. Chairman Andrews acknowledged they had asked for this item to be placed on the agenda because the original Master Plan for Woodland Oaks has changed drastically. Keith Van Dine wondered if they can vote on this with the bond still in negotiation, but it was explained to Mr. Van Dine that this is just the Master Plan, just a concept. The bond still being in negotiation may effect the vote on the final plat which is the next item on the agenda. Merwin Willman made a motion to approve the Master Plan for Woodland Oaks, Units 5 and 6. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. Chairman requested the Master Plan be dated and displayed in the conference room. #10 CONSIDER AND TARE APPROPRIATE ACTION: Final Plat Approval- , Woodland Oaks Subdivision, Unit 5 (PC #194-93) Chairman Andrews asked for Staff input. Steve Simonson reminded the Commission there are three things needed for this plat: (1) a homeowners association statement, (2) a bond to ensure the building of the bridge over the drainage ditch, and, (3) the City Engineer's approval of the drainage calculations. Mr. Simonson reported the plat has been corrected and the street widths are now shown on sheet 2 and a drawing of a typical front yard utility easement is shown. -They are putting all their utilities in front. This will solve one of the biggest problems we've had in Woodland Oaks as a result: of the utility easements being in the back.. Tony Moreno announced he was glad to see that. Chairman Andrews then asked about the parkland saying it is not in the area being developed and Merwin Willman pointed out it's -9- . in Unit 6. There was discussion on this with Chairman Andrews expressing the opinion that if Unit 6 is never built, then we won't get the parkland. Steve Simonson then asked Mike Cude if the City were to ask them to include the dedicated parkland property on the Unit 5 plat, would that be a problem and Mr. Cude said he didn't foresee a problem with that. Mr. Cude noted the requirement is a total of 1.82 acres of parkland for the entire development of Units 5 and 6. Steve Simonson indicated that's correct. Mr. Simonson then reminded the Commission that if the developer includes this parkland in Unit 5, then it's up to the City to develop it. George Vick made a motion to approve the final plat for Woodland Oaks, Unit 5 contingent on a homeowners statement being included on the plat, contingent on final negotiations being approved for a bond to ensure building a bridge over the drainage ditch, and contingent on the dedication of parkland for both Units 5 and 6 being shown on this plat. Tony Moreno seconded the motion and the vote was unanimous in favor. Motion carried. #11 CONSIDER AND TARE APPROPRIATE ACTION: .Site Plan Approval- Tri-County Business & Industrial Park Subdivision, Unit 1B (Taco Bell) Tabled 8-24-93 There was no one present to represent Taco Bell. Chairman Andrews asked for Staff input. Steve Simonson indicated he had received no additional requests from Taco Bell for a sign variance, so what the Commission approves tonight is what will be. If Taco Bell wishes to have a higher sign, they will have to come in later and go through the process of requesting a variance. Mr. Simonson told the Commission to take note of the large play area on the site plan and then explained that the dotted areas are landscaping and/or grassy areas. Mr. Simonson also mentioned that Taco Bell will use the easement to the back of the property. Chairman Andrews pointed out the number of parking spaces saying he had counted 50 of them. - Tony Moreno observed that a lot of work had been put into this site plan because they have a lot of competition in that location. -10- . Mark Marquez divulged that Zemex International is Master Planning the entire .front area because, ultimately, it will . benefit them and help them sell the lots. Merwin Willman made a motion to approve the site plan for Tri-County Business & Industrial Park Subdivision, Unit 1B (Taco Bell). Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #12 CONSIDER AND TARE APPROPRIATE ACTION: Revised Procedural Changes in the Acceptance of Items for Inclusion on the Agenda Steve Simonson had written up, at the Commission's suggestion, the following Procedural Changes for Agenda Item Acceptance• 1. Beginning October 1, 1993 nothing will be placed on the P&Z agenda unless it is received by the Planning Department prior to 12:00 noon the Wednesday before a meeting. 2. Unless thorough staffing has been accomplished, an item will not be placed on the agenda until deemed ready by the Planning Department. 3. Exception to items 1 and 2 will only be authorized upon consultation with the Planning Department and P&Z Chairman. Keith Van Dine made a motion to approve and accept the revisions written by Steve Simonson for procedural changes in the acceptance of agenda items. Pia Jarman seconded the motion and the vote was unanimous in favor. Motion carried. #13 CONSIDER AND MAKE RECOMMENDATION: Reappointment for Two Year Term of Planning and Zoning Members: 1. Bob Andrews 2. Pia Jarman 3. David Richmond Upon verification that all those members up for reappointment wanted their terms renewed, Merwin Willman made a motion to recommend approval to City Council of the reappointment, for two year terms, of Bob Andrews, Pia Jarman and David Richmond. Keith. Van Dine seconded the motion and the four members whose terms are not up for renewal (George Vick, Merwin Willman, Keith Van Dine and Tony Moreno), voted in favor. Motion carried. #14 GENERAL DISCUSSION David Richmond: Called attention to articles lately in the Express-News about the San Antonio City Council taking on the sign issue very seriously. Mr. Richmond said he still feels it was a mistake -11- .to approve the Burch Roofing sign and asked the Commission to keep in mind the aesthetics of the area when considering future _ requests for signs along FM 78. Mervin Willman asked David Richmond if he had read the Sign Ordinance and if so, what he thought of it. Mr. Richmond replied he had read it and feels the Commission should take a look at it. Keith Van Dine: (a) Remarked he thought the Commission had previously discussed Beck Concrete and the dust problem it creates. Mr. Van Dine said he thought Beck Concrete was supposed to water down the dust. Councilman Ken Greenwald commented they do water, but it has been extremely dry. Steve Simonson added that they had built their driveway deeper into the property to try and alleviate the problem. (b) Suggested someone from the City take a ride through the Schirmerville area. There are people developing used car lots/junk yards down Ware-Seguin Road and Pfeil Road. Steve Simonson indicated he will have someone check into it. Pia Jarman• (a) Apologized for not speaking up about her opposition to the Burch Roofing sign. Ms. Jarman then asked since a precedence has been set by the approval of the Burch sign, can we be fair to others along FM 78 asking for a similar sign. Mervin Willman insisted that a precedence was not set, each case is an individual case. (b) Stated she knows Chairman Andrews, in his. position, has to be totally detached, but she reviewed Roberts Rules and found that the Chairman, if he feels strongly about something and wishes to give his input as an individual, can do so if he turns the Chair over to another member of the Commission. Mervin Willman• ,(a) Advised that Norma Althouse has business cards if anyone needs more of them. They are nice to have to hand out at the APA conference. (b) Referred to Steve Simonson's remark at-the September 14, 1993 meeting that there has been a renewed interest in Sagemont. Mr. Willman said he had prepared a history/background on Sagemont for the members to review. Chairman Andrews requested that this be placed as an item for discussion on the agenda of the October 12, 1993 meeting. -12- .George Vick• (a) Asked if the side yard variance for Rick Saenz had been approved and was informed by Steve Simonson City Council had approved it. (b) Noted there's an accessory building being built at the corner of Brooks and Lindbergh and asked if they conform to City regulations. Steve Simonson replied they do conform, and it is not an accessory building, it is a garage.. (c) Requested a new copy of the Planning & Zoning member list. Councilman Ken Greenwald: Reported the budget with the new tax rate was passed last week. 'Steve Simonson: (a) Referencing the request by some citizens off FM 1518 south for annexation by the City of Schertz, said someone on the Commission had asked him if we ever got an answer from San Antonio. Mr. Simonson informed the Commission we did receive an answer, but it was signed by someone who works for the Planning Director and not the Planning Director himself. The Planning Director may never have seen the letter. The answer was basically if you don't give us something, we won't give you anything. Mr. Simonson said, in his opinion, this is a slap in the face to the City of Schertz. Chairman Andrews asked if the individuals wanting to be annexed can still petition the City of San Antonio and Steve Simonson replied yes they can. (b) Revealed Dove Meadows has had a request from a church thinking about building at the corner of Elbel Rd. and. Dietz Rd. in Dove Meadows. Mr. Simonson admitted this would create a large traffic problem at that corner. Also, a Specific Use Permit would be required to build a church. (c) Conveyed there are three active developers looking at building apartments in the City - two on Schertz Parkway and one .on FM 3009. (d) Referred back to the request from Darwin Peek to rezone his land and stressed how difficult it will be to upgrade Maske Road because of not having the required right-of-way and because of the drainage problems. Part of the land owned for right-of-way is written in Spanish land grant language. Mr. Simonson said, in his opinion, it will be a long time before Maske Road is upgraded to withstand heavy traffic. -13- . Mark Marquez spoke at this time saying they are restructuring the Task Force and are probably going to make it a Board or _ Commission and George Vick had suggested to him the possibility of ex-officio members of Planning and Zoning sitting on the Board/Commission of the Task Force and members of the Board/ Commission of the Task Force sitting ex-officio on Planning and. Zoning. Mr. Marquez felt this merited some discussion because there should be some sense of direction and coordination between the Planning and Zoning Commission and the Economic Development Task Force. Mr. Marquez further stated he would be glad to speak on the subject if Planning and Zoning elects to put it on their agenda. Chairman Andrews requested this item be placed on the agenda of the October 12, 1993 meeting. Merwin Willman realized he had forgotten to discuss the upcoming APA conference as far as who's carpooling to the airport and the time they are going to leave. It was decided they would leave for the airport on Thursday morning, October 7 at approximately 4:30 - 4:45 a.m. Chairman Andrews: (a) Informed Steve Simonson that Dove Meadows had a sign up last weekend in the overlay along FM 3009. Mr. Simonson said we allow them to have a sign on their own property, but otherwise they will have to request a variance. (b) Commented it was a pleasure to see the large turnout of citizens tonight. Mr. Andrews admitted that he sees nothing wrong with apartments on Mr. Peek's land as long as Maske Road is improved. # 15 ADJOURNMENT Chairman Andrews adjourned the meeting at 9:45 p.m. The next regularly scheduled meeting is October 12, 1993. -14-