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01-11-1994 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, January 11, 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 CITY STAFF BOB ANDREWS, CHAIRMAN STEVE SIMONSON, GEORGE VICK, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY NORMA ALTHOUSE, KEITH VAN DINE RECORDING SECRETARY DAVID RICHMOND TONY MORENO PIA JARMAN KEN GREENWALD, COUNCILMAN ~1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 PUBLIC HEARING: To Receive Citizen Input on the • Proposal to Change the Name of Live Oak Blvd. to Wiederstein Dr. There were no citizens present so Chairman Andrews dispensed with explaining the procedures to be followed at a public .hearing. Mr. Andrews did, however, point out that Planning and Zoning has 10 days to make its recommendation to City Council. #3 ADJOURNMENT. OF PUBLIC HEARING Chairman Andrews closed the public hearing at 7:01 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 7:02 p.m. #5 APPROVAL OF MINUTES: 'Regular Session December 14, 1993 Merwin Willman made a motion to approve the minutes for the Regular Session December 14, 1993. George Vick 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: Name Change for Live Oak Blvd. (PC #188-93) Merwin Willman made a motion to recommend to City Council approval of changing the name of Live Oak Blvd. to Wiederstein Dr. Pia Jarman seconded the motion and the vote was unanimous in favor. Motion carried. ~8 CONSIDER AND MARE.RECOMMENDATION: Discussion of City Council's Comments on Having Sufficient Time After a Planning and Zoning Public Hearing in Which to Make a .Recommendation to .City Council Chairman Andrews asked Steve Simonson if there's any further input on this and Mr. Simonson replied there is not. NOTE: City Council's suggestion is that in those cases in which the P & Z Commission does not feel a recommendation can be developed at their meeting and/or any special P & Z meetings cannot be held, the City Council will hold it's public hearing as scheduled, but will table any action until a recommendation is forthcoming from the Commission. This process will prevent having. to change the publication dates and practices. Councilman Greenwald commented it is a straightforward suggestion. It is the best way Council could work it out and meet the State law. Merwin Willman noted he has no problem with City Council's suggestion. The Council's suggestion was briefly discussed and was found to be favorable to the Commission. #9 CONSIDER AND TAKE APPROPRIATE ACTION: Approval of Proposed Street Names for Dove Meadows, Unit 2 The following names had been submitted for approval: Morning Rose Ivory Creek Rosehollow Dr. Quiet Creek Dr. Linden Grove Dr. Crimson Dove Dr. Morning Mist Lane :Emerald Gate Maple Knoll Arbor Stream Wellbrook Towngate Summer Haven Lane Sandy Ridge Circle Bending Brook Dr. Millcross Lane Gatecreek Lane Turncreek Lane Parkfair Lane The Commission felt that because there is already a Mourning Dove in~ Dove Meadows, Unit 1, Morning Rose and Morning Mist Lane should be eliminated, even though the spelling of morning is different. Also, because we already have Maple Dr. and Maple St., the Commission felt Maple Knoll should be eliminated. -2- Also .discussed was exactly what is included (the spaces, and Lane, Drive, Circle, Street, etc.) in the fourteen characters, which is the maximum amount of characters allowed by the Post Office. David Richmond made a motion to approve the. proposed street names for Dove Meadows, Unit 2 except for Morning Rose, Morning Mist Lane and Maple Knoll, and except for those that have too many characters as determined by the Post Office. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. X10 CONSIDER AND TARE APPROPRIATE ACTION: Future Northcliffe Development Steve Simonson drew a diagram for the Commission of the proposed location of 300 homes in Scenic Hills, Phase 2. Mr. Simonson emphasized the problem is that only a few of the homes (approximately 36) will be in Schertz City limits, the rest are in the ETJ. In the past, the City has disannexed parts of Northcliffe, at the request of the property owners, because of similar situations. Originally, they were going to build and eventually connect with the back end of Scenic Hills, Phase 1. They are no longer going to do that, but are proposing an entirely separate development. Mr. Simonson indicated he had told them they would need a second outlet and right now they .are looking back out at Covers Cove. Continuing on, Mr. Simonson commented it may be that the Commission wants to recommend to City Council some kind of disannexation right now so we don't get into this again. Do we want to keep disannexing as they keep building, or do we want to annex the whole thing? Tony Moreno asked about the developers projections on this and Steve Simonson indicated the developer doesn't want some of the -homes in the City limits of Schertz and some of them out. Merwin Willman observed they have to comply with the Subdivision Ordinance either way. However, the only way we can put a stop order on them in the ETJ is to take them to court. Tony Moreno mentioned they could incorporate and become their own entity, but Steve Simonson said not unless we let them. Mr. Moreno then inquired why we are looking at disannexing and Steve Simonson replied that's what City Council has done in the past- every time a few homes were built in our City limits and the homeowners asked to be disannexed. Merwin Willman suggested Steve Simonson provide a little background on Northcliffe and why the City hasn't annexed it. -3- c ~i Mr. Simonson related Northcliffe uses Schertz water and we are their .EMS and we are their Fire Department back-up. When it was developed, they started their own MUD (Municipal Utility District) by selling bonds and incurred more and more debt resulting in higher utility costs. They now have MUD 1 and MUD 2 with a high debt level. If we annex them, we assume the debt. The question is if it's fair to annex them and spread the debt to the rest of the City. Mr. Simonson went on to say there are other issues involved here. There are two school districts in Northcliffe - Schertz-Cibolo-Universal City ISD and Comal ISD. There. are also two phone exchanges - San Antonio (local) and New Braunfels (long distance). Furthermore, Northcliffe is a small city by itself. They have a juvenile problem, a problem with crime, a problem with drugs, water line breakage and the need for road repair. Merwin Willman, stating that over the years the City has considered annexation a number of times, said he would like to see this matter investigated and get it over with once and .for all. Steve Simonson's recommendation was to urge City Council to look into all the options. Tony Moreno asked how that would be accomplished. Would City Council, along with Staff members, look into it themselves or have a professional study done? Councilman Greenwald reported the last time they looked into it seriously, they had their bonding company. attempt to look at the books. Unfortunately, they had a problem establishing the total indebtedness. Chairman Andrews remarked that right now the property owners in Northcliffe pay $9.00 per $1,000.00 evaluation for MUD tax. Steve Simonson advised they can build approximately 1/3 of the proposed homes without enlarging the sewer system. Beyond that point they already have a permit for another sewer which would discharge down the Dry Comal, and you know Schertz would get blamed for the discharge. Mr. Simonson went on to say something would have to be worked out with Cibolo regarding the ETJ. A considerable amount of -study has been done by the City staff on all the parameters and how they could be worked out. One possibility might be the. reselling of the. bonds at a lower interest rate. Tony Moreno declared that the longer City Council vacillates, the worse the problems will get. -4- Council Greenwald was quick to point out. City Council is not vacillating. They can't in good conscience triple the water bills for everyone else in the City. Mr. Greenwald then inquired if Scenic Hills still has a private road and Steve Simonson answered they do and will be requesting a second private road. There was a brief discussion about when the City would see any taxes if Northcliffe were annexed. Keith Van Dine wondered if Schertz lays back, what the chances are of Cibolo annexing Northcliffe. Steve Simonson answered that Cibolo can't do that unless Schertz gives them permission. However, the residents of Northcliffe could force our hand one way or the other. Chairman Andrews asked if we annexed the remainder of the area where they're going to build, would we inherit the MUD 1 and MUD 2 debts. There was some discussion on this with Steve Simonson admitting he doesn't know for sure - he would have to look into it. George Vick commented he would recommend disannexing the 36 homes that would be in our City limits and give City Council an edict to study the feasibility of annexing the whole thing. Steve Simonson advised not giving up any of the property if you're considering annexing it all. Chairman Andrews suggested the following options be recommended to City Council: (a) annex the entire area of Scenic Hills, Phase 2 which U.S. Homes is planning to develop; or, `(b) annex the entire area of Scenic Hills, Phase 2 which U.S. Homes is planning to develop and the rest of MUD 2; or, (c) annex the entire Northcliffe Subdivision. Councilman Greenwald felt City Council wouldn't object to looking, into it again, but the books may be a problem. Maybe the only way tp open the books is if it forced on the MUD by the citizens. Mr. Greenwald further remarked the City has known all along - that at some point in time we will annex them, it's just a question of when based on how we can work out all the problems and not jack our bond rate up. Keith Van Dine asked if the tax base would be worth it and Steve Simonson replied no, because commercial property takes your tax base over the top, not residential rooftops. Rooftops -5- i don't pay for City services. Mr. Simonson did stress, however,. that by annexing theme we could control future development, it would become a nice looking area and commercial development and further residential development would come in, there's sewer right across the street which Schertz has spent money on to come in all the way from New Braunfels and the Forbes people spent money to bring it up almost to FM 1103 (it's all primed and ready to go), we would have a much better grip on the whole area, and it would become a much enhanced area with Schertz services. David Richmond inquired if annexation had been broached in the early 1970's -.and Councilman Greenwald answered no, the City wasn't out that far at the time. Merwin Willman made a recommendation that a letter be sent to City Council asking them to take a look an annexing Northcliffe based on new interest by U.S. Homes, and that three options be presented to them as follows: (a) annex the entire area of Scenic Hills, Phase 2 which U.S,. Homes is planning to develop; or, (b) annex the entire area of Scenic Hills, Phase 2 which U.S. Homes is planning to develop and the rest of MUD 2; or, (c) annex the entire Northcliffe Subdivision. Tony Moreno seconded the motion and the vote was unanimous in favor. Motion carried. #11 CONSIDER AND TARE APPROPRIATE ACTION: Review of Publi- cations The Commission currently receives the Zoning Bulletin, the Zoning News, The Zoning Report, the Planning Commissioners Journal and Environment & Development. Steve Simonson had asked the Commission to review these publications .and decide if next fiscal year they wish to continue receiving all of them, or if they find some of them redundant, then decide if they wish to discontinue any of them. It was decided and :agreed to eliminate the Zoning Bulletin and the Zoning News and keep the other three. X12 CONSIDER AND TARE APPROPRIATE ACTION: Review of Checklists Merwin Willman had worked up a .package containing his recommended changes to the checklists. The checklists reviewed were as follows:- . (1) Site Plan Application and Checklist; (2) Checklist for Zoning/Rezoning of Land; _6- (3) Petition for Zoning/Rezoning; (4) Subdivision Plat Processing Checklist; (5) Application for Special Exception; (6) Request for Variance to Sign Ordinance; (7) Application for Specific Use Permit; and, (8) Application for Home Occupation Permit. The Commission made their suggestions and recommendations -and these will be incorporated into the checklists. X11 GENERAL DISCUSSION Merwin Willman: (a) Remarked it seems like everyone but Planning and Zoning has an article in the Newsletter. It might be wise to say how many plats have been approved and how many homes are being built. Councilman Greenwald noted the articles have to be in to Tom Dovey by the 20th of the month. Steve Simonson agreed to write something up for the Newsletter. (b) Stated it appears the trend is toward private streets and our ordinance prohibits them. We should do some research on it. Mr. Willman then asked who is responsible for seeing that the Homeowners Association keeps up the streets. It seems we need some kind of control. Chairman Andrews related that in those subdivisions where the Homeowners Associations are mandatory (and they usually are mandatory when the streets are private) the Homeowners Association is responsible for maintaining .the streets. Mr. Willman inquired what happens if the Homeowners Association is not strong and Chairman Andrews informed Mr. Willman there are companies that bid annually to manage Homeowners Associations. Steve Simonson pointed out that private streets have controlled access, so he doesn't see citizens, outside of those who live there, driving on them. Tony Moreno brought up the possibility of Planning and Zoning and City Council approving Homeowners Association by-laws. Chairman Andrews noted if it's required by a statement on the plat that the Homeownwers Association maintain the streets and/or any other specified areas, that should take care of it. -7- Mr. Willman suggested that it be researched and if we come up with anything on private streets, we build a background. file. We will probably eventually have to change the ordinance. Councilman Greenwald: Informed the Commission a representative from the Bexar County Hospital District is giving a presentation tomorrow night. Steve Simonson: Discussed Dietz Road and the problems that will be encountered if it's not improved. Mr. Simonson mentioned the school district is currently negotiating on 11 acres in the area on which they wish to build an elementary school. This, along with the traffic generated from the proposed Deer Creek Subdivision in Cibolo and the Dove Meadows Subdivision in Schertz, will bring about disastrous results without improvements to the road. Merwin Willman asked if City Council is aware of the situation regarding Dietz Road and Councilman Greenwald answered some of them are. Mr. Simonson acknowledged that all of Dietz Road is in Cibolo's ETJ and Schertz has acquired an extra 10' of right-of-way from the developer of Dove Meadows. Someone needs to take the ball and run with it. Merwin Willman agreed and stressed that just because Cibolo doesn't improve the road, that's no .reason to make. .our residents suffer. George Vick• Questioned the. legality of the dirt piles on FM 1518 North being. used to fill in land and was told by Steve Simonson the piles were knocked down today - the situation had been taken. care of . . Mr. Vick mentioned other property owners along that same area doing the same thing, but Steve Simonson .admitted they are outside the City limits. X12 ADJOURNMENT Chairman Andrews adjourned the meeting at 9:05 p.m. The next regularly scheduled meeting is January 25, .1994. -8-