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04-12-1994 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in Regular Session on Tuesday, April 12, 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 TIM HUCKOBEY MERWIN WILLMAN, SECRETARY DAVE ELDER KEITH VAN DINE LAVON MAJOR DAVID RICHMOND RANDY K. OLIVER TONY MORENO ALAN LINDSKOG PIA JARMAN KEN GREENWALD, COUNCILMAN CITY STAFF MEMBERS ABSENT STEVE SIMONSON, ASST. CITY MANAGER GEORGE VICK, VICE-CHAIRMAN 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 March 22, 1994 Pia Jarman made a motion to approve the minutes for the Regular Session March 22, 1994. Tony Moreno 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 MARE RECOMN~ENDATION: Request from Tim Huckobey, 1915 FM 1518, for a Special Exception to Locate a Septic Tank Within 50' _ of a Gas Easement (BOA #54) Tim Huckobey was at the meeting to represent this request. Chairman Andrews: remarked that Tim. Huckobey had gotten _ authorization from :Guadalupe County, they approved and_ - inspected and the septic tank was put in. Texaco knew of it = and marked the area for them=and it still went in within 30' of the easement. - - _ Mr. Andrews then asked for Staff input, but Steve Simonson related he had nothing further to report, just what was in his .notes to the Commission. Mervin Willman asked how this-came to our attention and Steve Simonson replied through the Inspection Department working with Tim Huckobey on something else. Mr. Willman verified with Tim Huckobey that the septic tank was already in and then asked for how long now. Mr. Huckobey answered for approximately 6 months. Mr. Willman inquired if Texaco had no objections and was. told by Steve Simonson they did not. Chairman Andrews pointed out Texaco is not acknowledging the septic tank is in the easement, but rather that it's not over their gas line. Steve Simonson noted that if Texaco or the City has to get into the easement to work, it's still not a problem. The only thing that could possibly be effected would be the septic tank and Mr. Huckobey is aware of that. Tim Huckobey informed the Commission a Texaco representative was there when the septic tank was put in - the permit was obtained from Guadalupe County and not the City of Schertz. Chairman Andrews asked Tim Huckobey if he is aware that if either Texaco or the City needs to get into the easement and the septic tank is damaged, he is responsible for the repair to the septic tank. Mr. Huckobey admitted he is aware of that. There was some discussion on the deepness of the septic tank with Mr. Huckobey saying it is deeper than what they usually are and Steve Simonson assuring the Commission the sewer line presents no problem. to the gas pipeline. David Richmond made a motion to recommend approval to the Board of Adjustment of the request from Tim Huckobey, 1915 FM 1518, for a Special Exception to locate a septic tank within 50' of a gas easement with the stipulation that Mr. Huckobey be made aware that if either Texaco or the City needs to get into the easement to work and the septic tank/sewer line is damaged, Mr. Huckobey is responsible for repair to the septic tank/sewer line. Included in the motion was a recommendation that the Board of Adjustment schedule a public hearing on this request. Mervin Willman seconded the motion and the vote was .unanimous in favor. Motion carried. -2- #5 CONSIDER AND TARE APPROPRIATE ACTION: Request from Lavon Major and David Elder for a Specific Use Permit Allowing Them to Place a - Double-Wide Manufactured Home on the Premises of Their Business (for safety and security reasons} in the Schertz Business Park Off FM 1518 Chairman. Andrews, stating this represents a conflict of interest for him because his office sold the property involved, said he had, in the absence of Vice-Chairman George Vick, asked Secretary Merwin Willman to serve as Chairman for this request, but Mr. Willman declined and requested David Richmond be asked to chair this item. Mr. Richmond accepted, so Chairman Andrews turned the meeting over to Mr. Richmond at this time. Lavon Major and David Elder were at the meeting to represent this request. Chairman Pro-Tem Richmond reminded the Commission they have comments on this item from Steve Simonson in their packages. Mr. Richmond then asked Mr. Simonson if he had any further input. Steve Simonson answered he thinks it very important to look at the security of the building and night time use of the building for classes and to keep in mind there are no children involved in this. David. Elder spoke at this time and told the Commission they are a ceramics business and will be open 6 days a week or approximately 60 hours. There will be another. 15 hours when they are not open that employees will be around. They work on Sundays and are there after hours on Fridays and Saturdays. Mr. Elder mentioned there are several ceramic businesses in the surrounding areas where the business owner lives right next door for pure emergency reasons. They are lucky because Ms. Majors lives near the property. Continuing on, Mr. Elder said because of the size of the property, (and there are plans to grow) if someone were near, they would be able to raise an alert in case of trouble. Also, for safety purposes, the more vehicles that are shown might prove to deter vandalism. Ninety percent of the customers for this type of business are women.. Chairman Pro-Tem Richmond verified the location of the business as being in the back corner of Lot 15. _ n. Mr. .Elder then mentioned they will be decorating with red top bushes and fast-growing mulberry .trees and there will be screening on the back side of the property. -3- Steve Simonson pointed out that the Windy Meadow business park is to the back of them. - Mark Marquez, representing the Schertz Development Foundation who owns the property, spoke at this time. Mr. Marquez related he speaks with mixed emotions. They want this business in the City, but the Board of Directors discussed it and decided they will not permit a residence in the business park. For -one thing, it sets a precedence in that business park and the next business that comes in and wants the same thing .may have children involved. Also there's the question of traffic. . Mr. Marquez went on to say if the building were labeled "security building with sleeping quarters" that might be acceptable, but a residence is against the covenants. Mr. Marquez doesn't feel the architectural board will approve it. Steve Simonson stated he doesn't think a Specific Use Permit, by it's very nature, sets a precedence because it's for that one specific thing and he doesn't feel the concern about children is germane at this time. Chairman Pro-Tem Richmond observed it looks like the request s` from the proprietors of the business is for safety and security reasons. Mark Marquez remarked the foundation's objection is more one of terminology. Mervin Willman told the Commission that according to the Zoning ..Ordinance, a one-family dwelling is permitted in an area zoned General Business with the granting of a Specific Use Permit. Steve .Simonson reminded the Commission they approved something similar for Kitty Hawk Flying Field. Mervin Willman seemed to think that was different because Kitty Hawk Flying Field is an isolated location. Steve Simonson argued that's the other point - this double-wide manufactured home they want to erect backs up to a residential area. P'ia Jarman, noting it's a terminology matter, asked if we can call it a security building with a caretaker. Steve Simonson commented regardless of what it's called, we - need to do the same thing if someone is going to live there. Mr. Simonson then asked Mark Marquez what the covenants say about a- residence on the business park property and Mr. - Marquez replied the covenants are silent. Mervin Willman indicated he doesn't think the terminology makes any difference. According to Appendix A of the Zoning -4 Ordinance a single-family dwelling is permitted in an area zoned General Business with the approval of a Specific Use Permit. Mervin Willman then made a motion to recommend to City Council they consider the request from David Elder and Lavon Major for a Specific Use Permit allowing them to place a double-wide manufactured home on the premises of their business (for safety and security reasons) in the Schertz Business Park off FM 1518. Included in the motion to consider this request for a Specific Use Permit was the recommendation that, according to the Zoning Ordinance, City Council set up a date for a public hearing. Pia Jarman seconded the motion. Before the vote, Mervin Willman expressed concern about going ahead if the Foundation is going to disapprove it anyway. Mrs. Jarman, echoing Mr. Willman's concern, wanted to know what good it is sending this request forward if the Schertz Development Foundation is going to say no to it. Chairman Pro-Tem Richmond explained about calling it a security building with a caretaker rather than a residence which the k Foundation may approve. Mrs. Jarman then asked how the Foundation can have a covenant in conflict with a City ordinance. Steve Simonson acknowledged that covenants are a civil matter - the City does not enforce covenants. However, when the Commission receives a legitimate request, they have to act on it. Mark Marquez added that the Foundation is looking for a way to let this business happen without violating their own covenants. Chairman Pro-Tem Richmond asked Mervin Willman if he wanted to restate his motion and Mr. Willman said no. There was no vote on the first motion. Mark Marquez asked if this were to be called a security building, would it still have to go through the-same process' and Steve Simonson answered yes it would for the Commission's purposes because it is a_one-family. dwelling regardless of what you.call it. - Mr. Simonson then asked if the Commission is going. to have any _ -kind _of .recommendation (yea- or nay) to go along with its - _ suggestion to City Council and Merwin~ Willman replied he doesn't think they can until such time as a public hearing has been held. -5- There was some discussion about whether or not this-is a BOA action or a City Council action which requires a public hearing by both City Council and the Commission. Steve Simonson felt it is a BOA action and the only time the Commission ,has a publiGhearing is for a zoning change, At the end of this discussion, Councilman Greenwald advised the Commission they can send their suggestion forward to City Council without a recommendation - just say they don't have one. Merwin Willman voiced the opinion he prefers a "no recommendation" suggestion to City Council and added that statement to his original motion. Tony Moreno seconded the motion. Keith Van Dine asked exactly what the motion is now. Mr. Willman repeated his motion as follows: To recommend to City Council they consider the request from David Elder and Lavon Major for a Specific Use Permit allowing them to place a double-wide manufactured home on the premises ttE of their business (for safety and security reasons) in the Schertz Business Park off FM 1518. Included in the motion to consider this- request for a Specific Use. Permit is .the recommendation that, according to the Zoning Ordinance, City Council set up a date for a public hearing, but that it also be known that the Planning and Zoning Commission has no recommendation, yea or nay, on this request. Tony Moreno seconded the motion and the vote was unanimous in favor. At this time Chairman Pro-Tem Richmond turned the meeting back over to Chairman Andrews. #6 CONSIDER AND TARE APPROPRIATE ACTION: Request from U.S. Homes for Approval of the Master Plan for The Fairways at Scenic Hills, North Phase (PC #205-94/C) Alan Lindskog was at the meeting to represent this request. Merwin Willman asked if this Master Plan had_been disapproved before and was told by Steve Simonson no,.- it had been approved. - with a name change. Mr. Simonson added that everything. else we ask them to put-in has been done - the park area and the back road-out to IH-35. - - _ - _ Mr. Simonson then informed the Commission the Master Plan is on the agenda again because they had to cut out some lots that had been the Model Home Estates. St. Andrews is now excluded -6- and a little cul-de-sac backs up to it. They have included several other outlying areas not contiguous to the North Phase, but that will be built as part of the North Phase. Alan Lindskog commented that without approval of one of the property owners they couldn't have private streets, so they cut out that lot. David Richmond asked how Lot 6 is treated. Alan Lindskog replied it is an existing lot and the fence will be where the dash line is shown on the plat. David Richmond said then, in other words, Lot 6 is excluded and Alan Lindskog remarked that's correct. David Richmond made a motion to approve the request from U.S. Homes for approval of the Master Plan for The Fairways at Scenic Hills, North Phase. Tony Moreno seconded the motion and the vote was unanimous in favor. Motion carried. #7 CONSIDER AND TARE APPROPRIATE ACTION: Request from U.S. Homes for Preliminary Plat Approval of the Vacate and Replat of a Portion of Northcliffe Estates Model Home Park and the Subdivision Plat of The Fairways at Scenic Hills, Unit 1 (PC #205-94-A/B) Chairman Andrews asked for Staff input. Steve Simonson advised the area being replatted has nothing to do with existing homes - it's a water line easement. Mr. Simonson asked the Commission to look on their plat behind Lots 5 and 6 of the old Model Home Estates Park and they will see two areas left open (semi-triangles). Alan Lindskog commented one will most likely be conveyed to the owner of Lot 6 and the other will become part of the golf course. If the other doesn't become part of the golf course, it will also probably be conveyed to the owner of Lot 6. These will be conveyed by metes and bounds. Steve Simonson noted this is the same plat, excluding St. Andrews, that was already approved. . -Chairman Andrews noted there is still a piece of land at the end.of the cul-de-sac by St. Andrews. Alan Lindskog saying it is too small to plat as a lot, related it will most likely be conveyed to_ the owner of the adjacent lot o_r if not, to :the Homeowners Association to maintain. _ .Chairman Andrews emphasized these decisions need to be- made prior to the filing of the plat. -7- u Alan Lindskog asked if a statement saying either to the owner of the adjacent lot or to the Homeowners Association is acceptable and Chairman Andrews said yes as long as the plat -says it will occur not that. it might occur. Mr. Lindskog then outlined a timetable for the Commission. They expect a midsummer construction start on the streets and utilities, finishing in December. They won't be ready to file a final plat until the first of the year. They are going to go for building improvements rather than bonding. Steve Simonson mentioned to Chairman Andrews the City would . like a letter from U.S. Homes, submitted with the final plat, stating they won't be ready to file the plat until such time as the streets and utilities are completed. As a side note, several of the Commissioners noticed the pages of the plat were not numbered uniformly - page 1 might be on the bottom of the paper, page two on the top, etc. It was requested that Mr. Lindskog put all the numbering in the same place on the page when the final plat is submitted. Merwin Willman made a motion to approve the request from U.S. ; Homes for preliminary plat approval of the vacate and replat of a portion of Northcliffe Estates Model Home Park and the subdivision plat of The Fairways at Scenic.. Hills, Unit 1 (PC #205-94-A/B) Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #8 CONSIDER AND MARE RECOMMENDATION: Renaming a Portion of FM 78 to John E. Peterson Parkway Chairman Andrews noted this action would require a public hearing. Steve Simonson asked the Commission to pay attention to the letter from the Post Office. The Post Office is saying that City Public Service has the fourteen character limitation .for street names, not them. Chairman Andrews asked if the City has any objection to. - renaming this portion of FM 78 and was told they do not. Merwin Willman commented, that based on this Post Office information, the Commission can change the ordinance if they s_o desire, or they can play-it by ear. _ Chairman Andrews remarked that he understood the petition for this -proposed name change contained signatures from residents of other cities also. -8- Steve Simonson indicated that is correct. Mr. Simonson said it is his understanding that the Highway Department has no problem with the proposed name change and also that all the cities from Seguin to Kirby are considering changing the-name. David Richmond made a motion to recommend to City Council they move forward with the process and schedule a public hearing for the renaming of a portion of FM 78 to John E. Peterson Parkway. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #9 GENERAL DISCUSSION Keith Van Dine• Told Steve Simonson that someone is buying Shady Acres and the City of San Antonio is still claiming it's in their City. Mr. Simonson told Mr. Van Dine to tell the buyer to give him a call and he will prove to him it's in the City of Schertz. Merwin Willman• Apologized for not being prepared, but said he had been on vacation the past week in Branson, Missouri. Councilman Greenwald: (a) Related he had attended a Canyon Regional Water Authority meeting and it looks like the plant will be producing water by June 1. The tentative rate is 55 cents per 1,000 gallon. If we are going to buy water, it will have to be pumped all the way from Lake Dunlap. Referring to the fact water is not going to be cheap, Mr. Greenwald suggested the Commission give some thought to making xeriscape entrances mandatory for new subdivisions. Steve Simonson• (a) Informed the Commission they should see the first plat on Greenshire at the next meeting. (b) Said he understands some land on Schertz Parkway was sold, _ so we may see a plat on it. (c) Reported there's-lots of commercial activity going on - Mark Marquez receives numerous calls. (d) Announced that Wendy's is open. _ (e) Displayed the Dove Meadows xeriscape park diagram for everyone to see and mentioned all the nice trees and shrubs that will be planted there. Mr. Simonson advised that Dover Homes already has plans for the common areas in their -9- c~ development and suggested this diagram be kept on display as a talking point for future subdivisions. - - Mr. Simonson further. added that Dover Homes is taking sidewalks . all the way out to the property line near Payless Gas and also along Borgfeld Road. Merwin Willman pointed out that none of this is costing the City a penny. (f) Affirmed the next xeriscape park meeting will be April 18th at 4:00 p.m. Chairman Andrews: (a) Mentioned to Steve Simonson that the stoplight at the corner of Elbel Road and FM 3009 needs to have the timing sequence corrected. (b) Revealed that in the packages, in the Texas Planning Review brochure, there was an article that talked about assistance teams for small cities and it said they give free training sessions. Mr. Andrews said they are looking for small cities to invite them and wondered if will they do it sir' here. Steve Simonson felt they may give training sessions at the local chapter level (San Antonio). Mr. Andrews thought we should invite them to come to Schertz. David Richmond• Divulged he will not be at the next meeting and asked the Commissioners to hold the Greenshire developers' feet to the fire to make sure they give us the buffer and the extra depth lots as they promised. Steve Simonson commented he thinks the plats they will be submitting will be for the area to the right of the church and the large lots. Chairman Andrews told Mr. Richmond that one thing they've learned over =the years with developers is to get the' concessions first and not in the 2nd, 3rd and 4th units. Speaking- of that, Mr. Andrews asked if there's been anything. - further .on Woodland Oaks, Unit 5 and Steve Simonson- - acknowledged that whole project is on hold. Mark Marquez. indicated he had some comments he wished to make - before the close'of the meeting. - -10= On Tuesday, May 24th there will be an interesting session at the Live Oak Civic Center with a presentation by PHH Fantus - the largest corporate recruiter in the country. The Chambers of Commerce, the City Councils, the Planning and Zoning Commissions and the Economic Development Groups groups of six of the local cities are invited to attend. Those cities are Schertz, Converse, Universal City, Live Oak, Selma and Kirby. We won a $50,000 grant to do an economic development study for those six cities and then will have an individual study for ` each city. PHH Fantus will be asking you to fill out a survey to try and get a feel of the political climate and economic development climate of the area. They should have the results sometime around mid-July. # 10 ADJOURNMENT Chairman Andrews adjourned the meeting at 8:30 p.m. The next regularly scheduled meeting is April 26, 1994. -11-