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09-27-1994 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, September 27, 1994 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 DAWNA FIGOL DAVID RICHMOND BOB LIESMAN TONY MORENO KIMBERLY MURPHY PIA JARMAN DON MCCRARY COUNCILMAN KEN GREENWALD WANDA KOCH .MEMBERS ABSENT CITY STAFF GEORGE VICK, VICE-CHAIRMAN STEVE SIMONSON, MERWIN WILLMAN, SECRETARY ASST. CITY MANAGER KEITH VAN DINE NORMA ALTHOUSE, RECORDING SECRETARY #1 CALL TO ORDER . Chairman Andrews called the meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Regular Session September 13, 1994 David Richmond moved to approve the minutes for the Regular Session September 13, 1994. Tony Moreno seconded the motion and the vote was as follows: AYES: B. Andrews, D. Richmond and T. Moreno. NAYS: None ABSTENTIONS: P. Jarman. Due to the fact there were only four Commissioners present to vote and Mrs. Jarman abstained, the approval of the minutes .for the Regular Session September 13, 1994 was tabled until the next meeting. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND MAKE RECOMMENDATION: Request from Dennis and Dawna Figol to Rezone a Tract of Land from R-2 (Single-Family Dwelling District) to R-4 (Apartment/Multi-Family Dwelling;District) (Tabled 9-13-94) Dawna Figol was present at the meeting to represent this _ request. - } Chairman Andrews asked for Staff input. Steve Simonson informed the Commission his input is the same as at the previous meeting. The location of this property is the Palms Apartments. They are looking to expand and realized it is not zoned for what's there. The City Inspector informed them before they could expand, they needed to have the property rezoned. The apartments were there before the City had a Zoning Ordinance, but somehow this area was missed when we revised the Zoning Map. Chairman Andrews explained to Dawna Figol that this item had been tabled at the previous meeting because the Commission wanted to make sure she and her husband are aware of the proposed widening of FM 78, the result of which will probably limit access to the apartments. -Councilman Greenwald commented they don't have access now. Steve Simonson explained that Wuest Street is not legally a street and that Burch Roofing has closed off the .access to it. Mr. Simonson then asked Dawna Figol if they have any legal documents regarding access to their property and Mrs. Figol answered she does not know. Chairman Andrews remarked that Exhibit A mentions a 15' ingress/egress easement on a northwest corner, but its not a survey so he really couldn't tell what he was looking at. Tony Moreno questioned if 15' meets the code for City safety vehicles and was informed by Steve Simonson it does. Mr. Moreno then expressed some concern over the traffic count, especially if the number of apartments increases and the access becomes more limited due to the FM 78 widening. Chairman Andrews told Dawna Figol that if she does have a document showing a 15' ingress/egress, it would be good to have it plotted out if the Commission recommends this go to a public - hearing. It would also be good to explain that the Wuest - access is closed, that FM 78 is going to be widened and show how patrons are going to get in and out of the apartments. Tony Moreno suggested the possibility of working up an agreement with the neighbors for ingress/egress. Wanda Koch asked Steve Simonsan if the property the Figol's want to rezone doesn't end right at Church Street. After some discussion, Mr. Simonson noted it looks like it daes at the back and that may offer a possibility for a way out of there. Mr. Simonson added, though, that you don't want to put a lot of apartments to the back. Chairman Andrews stated this request .will require a public hearing by both the Commission and by City Council. Tony Moreno moved to recommend to City Council that the request from Dennis and ,Dawna Figol to rezone a tract o'f land from R-2 (Single-Family Dwelling District) to R-4 - (Apartment/Multi-Family Dwelling District) be scheduled for a -2- public hearing. Pia Jarman seconded the motion which carried with a unanimous vote. _ Chairman Andrews informed Dawna Figol that Steve Simonson will send her a letter with the dates for the public hearings and it would be good for her to get information on easements, .rights-of-way and ingress/egress. Tony Moreno added it would be advisable to have something, like diagrams, to show the public rather than just trying to explain it verbally. ~5 CONSIDER AND TAKE APPROPRIATE ACTION: Proposed Greenshire Parkland Dedication Kimberly Murphy and Bob Liesman were at the meeting to represent this proposal. Chairman Andrews asked for Staff input and Steve Simonson advised that the developer is proposing to dedicate half of the greenbelt now (approximately 30 acres) as part of the parkland requirement and then is asking for approval to pay cash-in-lieu-of-land at a rate of one-half the designated $225.00 per lot for the remainder of the dedication. Chairman Andrews asked if we have any further information on the homeowners association. Kimberly Murphy related they have a tentative agenda for a meeting scheduled for October 4th at the Schertz Community Center. Letters have gone out to all the .current residents of Greenshire Oaks. Tony Moreno questioned if everyone has to belong. Kimberly Murphy explained there is Master Association for the entire development and that includes the existing homeowners .association and all new property. The 52 current residents of Greenshire Oaks have the option to keep the one they belong to up-to-date and still belong to the Master, but according to the _ covenants there can be only one Master. Ms. Murphy said it is her understanding that the current Greenshire Oaks residents had never been assessed any fees, those were taken care of by Mark Vaughan. In order to get this homeowners association set up, the developer has paid past due franchise taxes that were owed by Mark Vaughan. Chairman Andrews asked if the original association was a mandatory one and Kimberly Murphy replied yes it was. Ms. Murphy noted that the covenants at the present time specify a -minimum 1200 square foot house with 50$ masonry and they would like to upgrade .that to a minimum 2000 square foot house with 75~ masonry. They would, however, in order to accomplish that, need the signatures of 75$ of the existing homeowners and those signatures would need to be notarized. David Richmond wondered if there's any way to ensure that the - green area remains in its natural state and doesn't get cluttered with picnic tables, jogging trails, etc. Does the -3- 1 7~ homeowners association decide how it will be used? Kimberly Murphy replied yes it does. Mr. Richmond went on to say a major concern of the current residents who back onto the greenbelt is that once all the homes are built, they will have little to no control over the 30 acres of greenbelt. Bob Liesman thought maybe a legal document could be attached to the plat designating the specific uses permitted in the greenbelt. Chairman Andrews pointed out that should be covered in the declarations and covenants. Councilman Greenwald mentioned that the City will have input on anything permanent being put in a drainage right-of-way, and Steve Simonson agreed. Kimberly Murphy, commenting she understood no one wanted a public park, assured David Richmond she thinks they can all work together. Mr. Richmond also mentioned some concern about the use of the area for dune buggies and Ms. Murphy stated they can restrict those in the covenants. Tony Moreno moved to approve the proposal from the developer of Greenshire Subdivision to dedicate half of the greenbelt now (approximately 30 acres) as part of the parkland requirement and also to approve the cash-in-lieu-of-land payment at a rate of one-half the designated $225.00 per lot for the remainder of the dedication. David Richmond seconded the motion which carried with a unanimous vote. #6 CONSIDER AND TARE APPROPRIATE ACTION: Final Plat Approval- Miller Bros. Partnership No. 3 Subdivision (PC #218-94/A) No one was at the meeting to represent this request.. Chairman Andrews asked for Staff update. Steve Simonson related this plat contains all the minor corrections we asked them to include. It shows the contour lines, shows the correct effective date of the floodplain map and eliminates the County Engineer signature block. They know they have to submit a Site Plan and have been working with the City on that. David Richmond moved to approve the final plat for Miller Bros. Partnership No. 3 Subdivision. Pia Jarman seconded the motion which carried with a unanimous vote. #7 CONSIDER AND TARE APPROPRIATE ACTION: Final Plat Approval- Ashley Place Subdivision, Unit 1 Don McCrary was at the meeting to represent this request. Chairman Andrews asked for: Staff input and' Steve Simonson, noting there- are two sheets, to the play, informed the Commission they have more clearly defined the common areas next to Schertz Parkway and at the end of Ashley Park where the road -4- comes in and splits. Referencing the second sheet, Steve Simonson told the Commission they. can see where the sanitary sewer easement will flow out and go back to the existing 25' sanitary sewer easement of CCMA which is the outfall main CCMA uses in this area. This outfall main also. serves Fox Run and Rolling Oaks mall. This is how the subdivision will be sewered. Mr. Simonson remarked there is one correction. At the top of the plat, at the end of Samantha Drive, you will see a half circle and you will notice that a 10' drainage easement goes into a 30' drainage right-of-way. We cannot have that. Both have to be the same, so they will have to change the 10' drainage easement to a 10' drainage right-of-way. The City has to have a way to get back to that drainage right-of-way to mow .it. You can't really give this to the property owner because it is accepting water from a number of areas, not just that particular lot. Mr. Simonson further stated this type of drainage right-of-way is not uncommon. He doesn't like it from a Staff point of view because the City will have to maintain it. He tried to get Rayco to make it an easement, but they said because of past ..litigation regarding drainage, they wouldn't do it. Mr. Simonson then asked Don McCrary if they plan on putting cement over the top of it or leaving grass and Mr. McCrary replied they will probably leave the grass. Steve Simonson indicated the construction plans have not been fully approved, so he recommends the Commission authorize this plat contingent on approval of those plans. Tony Moreno moved to approve the final plat for Ashley Place, Unit 1 contingent on changing the 10' drainage easement to a 10' drainage right-of-way and contingent on approval of the construction plans. David Richmond seconded the motion which carried with a unanimous vote. #8 CONSIDER AND MARE RECOMMENDATION: Discussion of Suggestions for Future Annexation Chairman Andrews informed the Commission Steve Simonson .had suggested this item be placed on the agenda because we have been remiss lately in recommending areas for possible .annexation. Mr. Simonson felt there are two areas in particular which require consideration. The first area_is all of our ETJ south of FM 2252. Alamo Waste has relocated to FM 2252 in our ETJ and Mr. Simonson admitted he would like to get them into our City limits. The second area is the Lakewood Acres Subdivision. (where John Bierschwale lives) and as far down toward 1-10 as possible. Tony Moreno asked if San Antonio. is looking into annexing in that area. Steve Simonson replied he does not know, but their ETJ comes right up to it. -5- There was a brief discussion on the suggested areas, on other areas of possibility, and on future growth in the Schirmerville area. Chairman Andrews suggested the Commission think about it and when they get back from the APA convention,' start the process of choosing areas for possible future annexation. #9 CONSIDER AND TARE APPROPRIATE ACTION: Discussion Regarding Members. Who May Wish to Renew their Terms (Merwin Willman, George Vick, Tony Moreno and Keith Van Dine) and Discussion Regarding Election of Officers (this will be an action item on the first agenda in October) Chairman Andrews reported that Merwin Willman, Tony Moreno and Keith Van Dine have all expressed the desire to renew their terms. George Vick has tendered his resignation due to the amount of time he is spending in school for the Knights of Columbus. As far as the election of officers, Mr. Andrews pointed out they will need a new Vice-Chairman since George Vick is resigning and then noted that he will step down as Chairman. Mr. Andrews commented he will stay on, but not as Chairman, until the UDC is finished,. then he will resign. He has enjoyed his twelve years with the Commission, but feels it is time for him to direct his energy toward other things in his life. Pia Jarman asked if Merwin Willman is interested in continuing as Secretary for the Commission and Steve Simonson replied he believes Mr. Willman wants to keep his office. #10 GENERAL DISCUSSION David Richmond: Asked if it would be considered a conflict of interest if he were to be an officer for the Greenshire homeowners association. Chairman Andrews told Mr. Richmond no it would not be, however, if something should be on the Commission's agenda which Mr. Richmond feels is a conflict of interest, all. he has to do is excuse himself from discussion and voting on that particular item. Tony Moreno• (a) Related he had attended the Savannah Square homeowners association meeting last month and had encountered someone who went on and 'on about the City Council and the Planning and .Zoning Commission being part of the "good old boy" system and doing whatever they want without consideration for the citizens. This came about because of concern over Rayco. . Citizens are still considering Rayco; in light of its old reputation and are not aware that things have changed in the past several years and that Rayco builds a quality product. -6- N~ o e~ ~aine~i s the meeting .~,o-~a~~ ~ ay~.~y a showed them all the plans and presented all the facts, they were somewhat mollified. Steve Simonson acknowledged he had received several calls from j'~ o people wanting to make Savannah Square a closed subdivision and he told them you can't do that after all the plans and ~ infrastructure are in place. Mr. Simonson further stated he ~ had run several scenarios by these callers about what could ~6 happen if Savannah Square were closed off and they hadn't thought about things that way before. (b) Referring to the mix of lots we gave Rayco, suggested a checklist to keep track of the actual percentages. Steve .Simonson indicated we could request a note on the plat showing the breakdown of percentages. Councilman Greenwald suggested the .possibility of Ford Engineering doing it since they review all the plats. Pia Jarman• (a) Noted that in the minutes she has observed the change from writing "made a motion" to "moved" and that's correct. According to Roberts Rules it should be either "moved to" or "moved that" when someone makes a motion. (b) Told the Commission they should be thankful for the space they have. She just returned from Japan where they have absolutely no space. If neighbors, side by side, stuck their arms out their windows they could shake hands. She told her uncle about the work the Commission does regarding planning and he was totally astounded. Councilman Greenwald: (a) Reported he and several City Council members and Tony Moreno had attended the meeting on September 26th at the Live Oak Civic Center where the results of the economic development survey were presented. Mr. Greenwald brought a booklet for everyone to read if they so desire. Mr. Greenwald said Schertz is prominently noted in several areas of the booklet. He takes exception to some of the survey's conclusions, but there is a lot of information there for discussion. Schertz is trying to take the lead in forming a joint economic development task force for the Metrocom area. (b) Advised that City Council is in the process of setting up a discussion on water and water rights at one of their future workshops. Mr. Greenwald suggested that all of the Commissioners try to attend that workshop. -7- Steve Simonson: Stated he will be on vacation at the time of th_e Commission's October 11th meeting, but Mr. Sweatt will fill in for him. Chairman Andrews: Mentioned the two zoning changes to R-4 and asked if Joe Veytia has given any indication when he will start building on the corner by the Sycamore Creek Apartments. Steve Simonson replied Mr. Veytia had not provided a date. As far as the area on E. Live Oak Road, Mr. Andrews commented he thinks it's a great area for a senior citizen complex, but not necessarily for apartments. What happens if Cottage Lifestyles doesn't build? Councilman Greenwald pointed out we have a letter from Cottage Lifestyles stating they have no objection -to us rezoning the land again after six months if they don't build.. Steve Simonson said he had spoken with Russell Hutchins and they should know in approximately thirty days if the project will move forward. Mr. Andrews stressed we need to stay on top of it. # 13 ADJOURNMENT Chairman Andrews adjourned the meeting at 8:35 p.m. The next regularly scheduled meeting is October 11, 1994. -8-