PZ 04-10-2013 with Subcommittee 04-04-2013PLANNING ANID ~®IVING I~IINU'>€'ES
Apr°il 10, 2013
The Schertz Planning and Zoning Commission convened on April 1D, 2013 at the Municipal
Complex, Council Chambers, 140D Scheitz Parkway Building #~4, Schertz, Texas.
I'LANI®TING & ~t~IVING COMMISSI®N
David Richmond, Chairman
Ernie Evaus,Vrce-Chairman
Ken Greenwald
Christian Glombik
Bert Crawford, Jr.
Michael Dahle
C®MiVIISSI®NERS ABSENT
Richard Braud
2.
CALL, TG ORDEI~IROLL CALL
CITY STAI~'I+'
Brian James, Executive Director Development
Michelle Sanchez, Director Development Services
Lesa Waod, Planr7er 1
Patti White, Admin. Asst. Development Services
OTHERS PRESEN'T'
Richard Campos, Nital Properties, T_,LC
D. Scott Dye, Dye Enterprises
Mr. Richmond called the meeting to order at 6:00 P.M.
SEAT AI.,'I'Eh~NATE T® AC'T' Ip' 12E~UIRED
Na alternates were seated.
3. IIEAIIIN~ ®k' RESIDENTS
No one spoke.
4. C®NSEN"I~ AGENDA
A. Minutes for March 13, ?013 Regular Meeting.
Mr. Dahle moved to approve the minutes. Mr. Crawford seconded the motion. Vote was 4-0-1
with Mr. Evans abstaining, Motion car•r•ied.
5. 1'IIBLIC I~AI~Il~GS;
A. ~,C2013~002
Hold a public hearing, consider and tnalce a recomt~xendation to City Corttieil to rezone
approximately 2.070 + acres of land from Pre~Devclopn~ent district (PRE} to General Business
District (GI3), out of the Francisco Rodriguez Survey, No. 99, Section 2, Cofnal County,
Scher-tz, Texas. The .property is generally located at the southeast corner of FM-482 and Old
Nacogdoches Road.
Ms. Wood presented this iten-t lay stating that the public hearing was published in the "`T'he Dcxily
Cor~rrrrer•crcr] Recar•der" and the "Herald". There were 7 notices mailed to surrounding property
Minutes
Flannin~ a:~d %nning Comn7ission
April 10, 2013
Pale 1 of 4
owners on March 12, 2013. Staff received one response in opposition of tl~e proposed requested.
The applicant is proposing to rezone approximately 2.010- acres of land generally located on the
southeast corner of PM 482 and Old Nacogdoches Road from Pre-Development District (PRE) to
General Business (GB}. The subject property contains 7 existing structures, several of which are
dilapidated. The applicant has indicated the desire to redevelop the property into a fancily oriented
country style bar and grill which will include a dining area, playground area for children, live
entertainment and a building for private events. This item was tabled at the March 27, 2013
meeting, The Commission moved to table the item and continue the public hearing at the April 10,
2013 rrteeting,
Ms. Wood also stated that the subject property is cuerently unplatted. The Future Land Use Plan
{l~1.,UP) designated the subject property for Rural Development which is defined in the
Comprehensive Land Platt as areas of cultivated cropland, orchards, pastcu-e, woodlnts, wetlands,
undeveloped land and sparsely popr_tlated areas that are still distinct from more urbanized areas.
The rezoning request appears to have a minimal impact on the public infrastructure, facilities or
services; however, the rezoning request is not consistent with the Comprehensive Land Plan as it
relates to the Picture Land Use Map or consistent with existing land uses in the area. The Future
Land Use Map idcntiCes the subject property as Rtrral Agriculture, and staff is concerned with
potential negative impacts that permitted uses in the General Business District will have on
surrounding properties. Staff recommends disapproval of the zoning retluest based on the
inconsistency with the Comprehensive Land Plan as it relates to the Future Land Use A~lap and the
potential negative impacts to surrounding properties.
Mr. Dye, et7gincer, stated that the owner wants to use the old building fagade to keep the country
style with a rural setting and a family atmosphere. Mr. Campos, owner, lives about a mile and a
half from this site. He is looking for a site to be used by people after work to relax, for family
events, barbecues, and maybe soft guitar music, but no concerts. He asked for suggestions of
alternatives that might work at this site.
Mt•. Riehmon.d opened the Public Flearing at 6:16 P.M. No one spoke. Mr. Richmond closed the
Public Heating at 6:17 P.M.
Discussion followed between the Staff and the Commission.
Mr. Greenwald moved to deny the zoning request based on the requirements of the Comprehensive
Land Plan and to forward a recommendation to City Council to deny, Mr. Glombilc seconded the
motion. Vote lvas 6-0. Motion carried.
I3. ZC2413-003 {Withdrawn by Applicant}
Hold a public fteat•ing, consider and make a recommendation to City Council on a request to
rezone approximately 2.66$ acres of land from General Business District {GB} to General
Business District-2 {GB-2}. The property is more specifically described as Lot 6, Bloclc 1,
Hubertus Retail as recorded in Document #200806006465, plat records, Cotnal County,
Schertz, Texas generally located at the southwest corner of FM l 103 and IH 35.
Withdrawn by Applicant.
Mini€tes
Planning a^d `/_,ontng Co€nrnissiocr
April 3 d; 2013
Page 2 ai 4
C. SIII'2013-001 (Witlul~•awl~ by Applicant)
Hold a public hearing, consider and Inake a recommendation to City Council on a request for a
5pecifte Ilse Permit on approximately 2.66$1 acres of land with an associated site plan for aself=
stol-age facility ell the subject. property. The property is more specifrcally described as Lot 6, Bloch
1, Hubel•tlls Retail as recorded in Docut~tent #200$0600b465, plat records, Corral County, Scher•tz,
Texas generally located at the southwest corner of FM 1103 and iH 35.
Withdrawn by Applicant.
h. T~~QfTLSTS Al~D AI~iN®IJ~TC'1'vIVIE~dTS
A. Requests by Commissioners to place items on a futut•e PlanniirEg aid Zoning Agenda.
® None
B. Reglests by Conul~issioners to Staff fo~• iil~~oe-mation.
Mr. Evans asked about the construction on FM 151$ about %z mile south of Woman
Hollering Creek on the left side. Ms. Sanchez stated that this area is a temporary
staging area far the TxDOT contractor who is making iulprovements to the bridge over
Woman Hollering Creek and will only be used until the improvements are complete.
C. Anrtatencements by Camnlissione~•s.
Mr. Dahle stated that the subcommittee meeting with TCEQ was the previous week
with the following attendees: Steve Rasnos and Cesar Alvarado fro€n TCEQ, 131-ian
Sanderfer and Russell Morkovslcy from IaNV Engineers, and Mr. Dahle, Mr. Crawford,
Steve Layton, George Weron from I~'W Engineers, and Clarl< McChesney, Viee
President of Laura Heigllts HOA. TCEQ was asked if there is any value to help
enforce requirements and they felt it 4vas beneficial. The engineers suggested
changing the UDC checklist regarding service water rights and TCEQ co-npliance.
Steve Layton is researching other communities and haw they have addressed this issue,
atld the subcotntnittee is looking at a meeting with the TCEQ development department
for their recommendations. The subcommittee 4vill come back to the Commission with
an update. Mr. Dahle will have minutes of the meeting and they should 6e attached to
the posting of this meeting minutes.
Mr. Greenwald stated that ha attended BVYA opening ceremony and it was a very
good turnout.
Mr. Richmond chaired a meeting on April 4`I' of the SSLGC Irrlpact Pee cotntrlittee
which approved an increase on impact fees for developers. The committee agreed to
meet eVel'y ~ molltll5 tQ i'eVlew ally ItenlS.
IlE. Announcements by City Staff:
Minutes
Planning and ]or~ing Commission
April 10, 20I3
Page 3 01~~1
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City of Sch_e_rtz Planning and Zoning Commission subcommittee
Minutes for i~eetin with TCE 4T4-2013
The meeting convened at 3pm at TCEQ office at 14250 Judson Rd., San Antonia, TX 78233
In Attendance;
Subcommittee Members:
Michael Dahle, Schertz Planning and Zoning Commission
Bert Crawford, Schertz Planning and Zoning Commission
George Weron, KFW Engineers
Russell Markovsky, LNV Engineers
Brian Sandifer, LNV Engineers
Clark 1VIcChesney, VP Laura Heights HOA
Steve Layton, Bexar County WIAC
Steve Ramos, TCEQ
Cesar Alvarado, TCEQ
Mr. Ramos and Mr. Alvarado began with a explanation of surface water defnition and the
ag/domestic exemption to use surface water without a permit, He explained how, under Texas law,
when the use of land changes ag/domestic use that surface water rights are applicable to the property
if a developer is going to use and continue the impoundment of water he must acquire surface water
rights or return the land to its natural state, Additionally, if it is going to be used for recreational
purposes then it is also subject to pei~nitting by TCEQ.
Mr. Ramos further clarified water rights are applicable when the impoundment involves a state
watercourse which is typically defined as a solid or dashed line on a USGS topographic map as a
desktop methodology to determine if state water is involved. If there is a question about the existence
of a watercourse then they (TCEQ) would typically rely on a engineers signed, sealed letter.
As a example, the recent purchase by San Antonio of the Red Beny Mansion Estate was discussed
because it included a manmade lake and the City of San Antonio wants to discontinue pumping
Edwards Aquifer water to feed the lake and instead draw water frown a nearby creek and TCEQ was
working with San Antonio in dealing with the water rights issues.
Nlr. Ramos and Mr. Alvarado fitrth.er suggested that we review the UDC of comrtaunities in and
around Houston and Dallas to see if any of them address the issue of surface water rights and how
they address it. They were not aware that any communities do address water rights and also
mentioned that TCEQ generally only becomes aware of a problem/violation when someone files a
complaint.
The question was asked by Mr. Layton if TCEQ felt it would be beneficial to have a development
checklist that refei~ed developers far a compliance check regarding surface water, building a
impoundment, removing a impoundment, modifying a stream and water quality. Mr. Ramos
responded that, "Yes, it would be helpful."
May 4, 2013
P&Z Com~nission Subcommittee
Page 1 of ]
Mr. Ramos also mentioned that we lived in a area where there are basically no water rights available
to be assigned without alternative sources of water being iarvolved but TCEQ is committed to work
with applicants in the permitting process to achieve a resolution.
Mr, Dahle asked about TCEQ's position in which a large stock pond in current exempt status is
partially acquired by another party to develop. Mr, Ramos responded that the TCEQ position is that it
is no longer exempt and subject to permitting. Mr. Ramos further mentioned that in previous cases
that he was aware of, mainly in East Tx, the property owners have chosen to comply with permitting
requirement.
Mr Crawford commented that is seezns that the easiest solution is to remove the dam and Mr. Ramos
and Mr. Alvarado concurred.
Mr. Markovsky asked if there was any volume of water in which TCEQ drops out of the discussion
and Mr. Ramos relied that, No there is no minimum volume.
A foIlowup question by Mr. Layton about a state watercourse brought about a brief unrelated
discussion about navigable waterways.
Mr. Layton asked if there was anything that the city is required bylaw to do and that it is not
currently doing. Mr. Ramos replied no, A follow up question by Mr. Dahle about whether or not
TCEQ saw value in incorporating either through UDC or checklist the requirement for developers to
seek a letter of clearance for water rights issues if water will be impounded. Mr. Ramos responded
with Yes. Mr. Crawford commented that we don't want to recreate or duplicate something that you
are already responsible for.
Mr. Markovsky suggested that the most simple resohEtian was to add to the development checklist a
question about whether there will be water impoundment by existing or proposed facilities. Mr.
Weror- further suggested that this could be accomplished by affidavit by the engineer on record. Mr.
Ramos and Mr. Alvarado concurred.
The question arose as to whether or not the act of transferring a exempt property to a HOA would
cause it to become non exempt and subject to permitting. Mr. Ramos suggested that legal guidance
be sought as he was unclear as to the correct answer.
As the discussion wound up Mr. Ramos suggested we talk to the small business and local
government assistance office.
Meeting adjourned at approximately 4:30 P.M.
Michael Dahle
Recording Secretary
May 4, 2013
P&Z Commission Subcoarunittee
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