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11-23-1999 n/s . . . . . PLANNING & ZONING MINUTES The Schertz Planning and Zoning Commission conducted a Public Hearing on Tuesday November 23, 1999, at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF Ernie Evans, Chairman David Richmond, Vice Chairman Tony Moreno Gary Wallace Joyce Briscoe Keith Van Dine, Secretary Ken Greenwald, ex-officio Steve Simonson, Asst. City Manager! Planning Coordinator Mary Ybarra, Planning/ Recording Secretary Commissioners Absent Others Present Maureen Goodrich, 733 Twin Branch Terry Wallace, Student Dottie Barney, Student 217 Lenowwood Ave. Vicente & Rachel Salazar, 500 Winburn R.C. Plogge, 8616 NW Plaza Dr. Dallas Keith Porter, 703 Lorena Ridge, Houston Don McCrary Don McCrary & Assoc. #1 Call to Order: Chairman Evans called the Public Hearing of November 23, 1999 to order. At this time, Chairman Evans stated that the purpose of the public hearing is to take all comments into consideration in making a recommendation to the City of Schertz City 1 . . . Council. On behalf of the Commission he thanked the citizens for their concerned interest and co-operation with the hearing procedures. In order to hear as many different comments as possible, we request that you do not repeat the same comments by a previous citizen. After the hearing is closed on this issue, no more comments will be received from the citizens. The public-hearing items will be placed on the City Council's agenda and a date and time for these hearings will be published. #2 Public Hearing: To receive citizen input on a request from the City of Schertz to revise the (UDC) Unified Development Code, Article VII, Special Districts, (ZC #166- 99). Ernie Evans asked for staff input and added that this is the finished document that would be forward to City Council for consideration. Steve Simonson stated that this request is from both staff and Planning & Zoning. This . revision to the UDC would allow better control of subdivision development signage (bandit signs) on FM 3009 and Schertz Parkway. Chairman Evans asked if there were any citizens that would like to speak on the agenda item before the Commission. With no comments voiced from the citizens, Chairman Evans closed the public hearing. #3 Public Hearing: To receive citizen input on a request from Halff Associates, Inc. for the proposed rezoning of approximately 5.71 acres, Tri-County Business & Industrial Park, west side of Tri-County Parkway and approximately 200' north of IH35 south bound access road, from (GB) General Business to (M-1) Manufacture District- Light. (ZC# 165-99) Chairman Evans reiterated the procedures for a public hearing and asked for staff input. . 2 . . . . . Steve Simonson stated that this request would allow the developer Halff Associates, Inc. to build a spec building of approximately 200,000-sq. ft., which the plans are to lease out the building. The request would allow the same leasing pattern of the Tri- County area and not be subjected to any restrictions. In changing the zoning to M-1, the change would be similar to the existing zoning of the entire area. The actual zoning change starts at the back of the drainage ditch to Corridor Parkway with the reminder of the property already being M-1 zoning. Steve Simonson stated that in accordance to the City ordinance five (5) letters were sent out to property owners within a 200' radius of said property. Of the letters sent one (1) letter was received in favor and none were received opposed. Chairman Evans asked if there were any citizens that would like to speak on the agenda item before the Commission. With no comments voiced from the citizens, Chairman Evans closed the public hearing. #4 Adjournment of Public Hearing: Chairman Evans closed the public hearing at 7:15 p.m. The Schertz Planning and Zoning Commission convened In regular session. The agenda was as follows: #5 Call to Order: Chairman Evans opened the regular session of the November 23, 1999 meeting at 7:15 p.m. #6 Approval of Minutes: 09, 1999. Regular session of October 26, 1999 and November 3 . . . Ernie Evans stated that two set of minutes are part of the packet and at this time asked if there are any corrections, additions to the minutes of October 26, 1999. With no corrections or additions, a motion was made by Keith Van Dine and seconded by David Richmond to approve the minutes of October 26, 1999 as written. With a vote being called, the motion was approved. Chairman Evans asked if there were any corrections or additions to the minutes of November 09, 1999? With no correction or additions, a motion was made by Gary Wallace and seconded by Tony Moreno to approve the minutes of November 09, 1999 as written. With a vote being called, the vote was as follows: Ayes: Ernie Evans, Tony Moreno, Joyce Briscoe and Gary Wallace Abstention: David Richmond and Keith Van Dine (absent at said meeting). . Motion was approved. #7 Status of Final Plats: There were none. #8 BOA Actions: Steve Simonson that the request from William W. Sommers, 1016 Antler Drive was approved by the Board. There was some concern with the building of the fence along Antler Drive and possible diversion of water into neighboring yards. Mr. Sommers advised staff that the situation would be looked at carefully. Mr. Simonson added that the construction plan would also be looked at carefully to assure that this would not happen. . 4 . . . #9 Citizen's Input Other Than Agenda Items: There were none. #10 Consider and Make Recommendation: Request from the City of Schertz to revise the (UDC) Unified Development Code, Article VII, Special Districts. (ZC# 166- 99). Steve Simonson reiterated the reasons for the proposed revision to the (UDC) Unified Development Code. Steve added that as much as the City has worked with developers, some of these developers are not working with us and this revision would help the City have some control on the bandit sign issues. With no further discussion, a motion was made by Tony Moreno and seconded by Keith . Van Dine to forward to the City Council recommending approval on the request from the City of Schertz to revise the (UDC) Unified Development Code, Article VII, Special Districts. With a vote being called, the motion was approved. #11 Consider and Make Recommendation: Request from Halff Associates, Inc. for the proposed rezoning of approximately 5.71 acres, Tri-County Business & Industrial Park, west of Tri-County Parkway and approximately 200' north of IH35 south bound access road, from (GB) General Business to (M-1) Manufacture District-Light. (PC # 165-99). Steve Simonson stated that as it was mentioned in the public hearing, this is a request to have all the zoning the same as the reminder of the Tri-County Park area. Chairman Evans reiterated that one letter was received in favor of the request and . asked if there are any additional comments or questions. 5 . . . With no further discussion, a motion was made by David Richmond and seconded by Keith Van Dine to forward to the City Council recommending approval on the request from Halff Associates, Inc. for the proposed rezoning of approximately 5.71 acres, Tri- County Business & Industrial Park, west of Tri-County Parkway and approximately 200' north of IH35 south bound access road, from (GB) General Business to (M-1) Manufacture District-Light With a vote being called, the motion was approved. #12 Consider and Take Appropriate Action: Request from Don McCrary & Associates for Final Plat approval of Walgreen's Subdivision (PC#426-99). Steve Simonson advised the Commission that as he mentioned in his notes, the right turn lane for the Arroyo Verde Subdivision entrance is being worked on at this time. Also, TXDOT has officially approved the traffic light at the intersection of FM 3009 and Savannah Drive. The plat before the Commission has all the corrections that were . requested. If you recall the Master Plan indicated that lot 1, block 1, was the store building and parking. There is a 30-foot easement on Lot 2, block 1, that will be developed or sold at a later time. Steve Simonson mentioned the construction of a 10- foot drainage easement, which would handle the water coming down into the area. Steve Simonson added that there will be no construction on Lot 2, block 1 at this time. Don McCrary representing the request stated that the only construction on lot 2 would be the drainage easement along the east end and added that it his understanding the area would be left natural until building commences on lot 2. The construction of the easement will probably occur before the construction of the store building and parking on lot 1, block 1. Mr. McCrary stated the 10 foot drainage easement is the above ground type and obviously there will be some heavy equipment being used in that area, however the rest of Lot 2, would be left untouched. Chairman Evans asked what does the drainage easement do to the site plan that has . been approved by this Commission. Mr. McCary stated that it would not affect the plan 6 . . . whatsoever. Mr. McCrary added that they have met with TXDOT and have gotten approval on the drainage area. David Richmond asked that if there is a timetable attached, in regard to the right turn development at the Arroyo Verde entrance. Steve Simonson stated that there is no timetable at the present time. Steve added that the City is part of the agreement with the development of the right turn lane, in regard to working with the developers of the Walgreens and the developer of Arroyo Verde. The Arroyo Verde developer has verbally agreed to bring in the plans of what will be done and make sure the entrance to the subdivision looks good. Both engineers will be briefed on the plans to get the project moving as quickly as it can. Don McCrary stated that it is strictly preliminary that the plan for the project is to start around the 15th of January. . Steve Simonson explained that the lane is not an acceleration lane. What is being done, is widening the lane 2 feet at the entrance which will allow stacking (two cars) at the right hand lane. With no further discussion, a motion was made by Tony Moreno and seconded by Joyce Briscoe to approve the request from Don McCrary & Associates for Final Plat approval of Walgreen's Subdivision. With a vote being called, the motion was approved. #13 Consider and Take Appropriate Action: Request from Halff Associates, Inc. for Preliminary/Final vacate and replat approval of Lots 2 & 3, Block 1, Unit 1, into Lot 10, Tri-County Business & Industrial Park. (PC# 432-99). Steve Simonson stated that this plat is taking the remainder of a piece of a larger lot and the remainder of another and putting them together to make one lot. The lot area is . across the street from the Keebler building and all the way to the drainage channel. 7 . . . The drainage channel is outlined on the plat on the southbound side of the property. This property is the same as agenda item #11 , the rezoning issue. With no further discussion, a motion was made by David Richmond seconded by Tony Moreno to approve the request from Halff Associates, Inc. for Preliminary/Final vacate and replat approval of Lots 2 & 3, Block 1, Unit 1, into Lot 10, Tri-County Business & Industrial Park. With a vote being called, the motion was approved. #14 Consider and Make Recommendation: Reappointment of Planning & Zoning Commissioners: Gary Wallace and David Richmond. Secretary Van Dine asked the Commissioners Gary Wallace and David Richmond if they would like to continue as Commissioners. Both responded that they would like to . continue. With no further discussion, a motion was made by Keith Van Dine and seconded by Joyce Briscoe to forward to the City Council recommending approval the reappointment of two year terms for Commissioners, David Richmond and Gary Wallace. With a vote being called, the motion was approved. #15 Consider and Discuss: Cancellation of December 28, 1999 meeting. Ernie Evans asked for any discussion on the issue of canceling the meeting of December 28, 1999. In the past few years the meeting night has fallen on the week of the Christmas holiday and for this reason the meeting has been cancelled. This year it falls on the following week after Christmas. Joyce Briscoe asked what does the workload look like and was advised not very heavy. Ken Greenwald stated that if the meeting were cancelled an emergency meeting can be . scheduled by city staff. 8 . . . . . The Commissioners were in agreement to cancel the meeting of December 28,1999. A motion was made by Joyce Briscoe and seconded by Tony Moreno to cancel the meeting of December 28,1999. With a vote being called, the motion was approved. #16 General Discussion: Tonv Moreno: Tony commented on an article in the newspaper where the City of New Braunfels had adopted an annexation plan for the City. The article mentioned a five- (5) year plan, which about double the city however, there was no mention on the cost of services. If that is the case by law the plan doesn't have to be a three-year plan. Tony stated he didn't know much about the law in regard to annexation and hoped someone could elaborate. Gary Wallace: Tony had no comments. Keith Van Dine: Keith mentioned that there is a lot of building going on out in his area and wanted to know if someone was keeping track. Steve Simonson stated that city staff is checking periodically and was asked to keep the city advised on want is going on out in the area. Jovce Briscoe: Joyce had no comments. 9 . . . Ken Greenwald: Ken reported that Comal County approved the tax abatement for Cal-Tex, in the Tri- County area. The street contractor hired by the City has defaulted. They should have been done by 5:00 pm on the 1ih. He has left the City in a fine mess. For those who remember June Krause, City Secretary her husband passed away on Saturday. The services are tomorrow in Guadalupe County Memorial Park on Hwy 46, in Seguin. If you get a chance try to attend the Citizen Police Academy. Ken stated that he learned a lot of interesting and scary things. On the water situation, we are plugging along quite rapidly. The committee is leaving . next Monday to visit the bonding and insurance companies in New York City. The City of Schertz and the City of Seguin will make presentations. We are in very good shape as far as bond credit ratings. David Richmond: David mentioned that he brought the newspaper article in regard to Tony's comments to the annexation plan for New Braunfels. David stated that this reminded him that the Commission had discussed this issue on their return from the APA conference, where the Commission wanted to get a sense from Council. David reiterated Tony's comments in regard to New Braunfels five-year plan. It did state that the City would be doubling population from 29,000 to 57,000 and it would cost the taxpayer approximately $700 to $800 a year in taxes. It also stated that the City had no idea what the cost of the services would be or how much tax revenue would be generated. New Braunfels however is complying with the December 31st deadline. . 10 . . . As for the immediate concern by the Commission was to possibly fill in, in some areas where it could be done without putting an annexation plan in place. David asked Ken Greenwald if he had a chance to discuss this issue at the Council workshop. Mr. Greenwald stated that it was discussed, it seems that in talking with the City attorney and people at TML we are getting different stories. Every one interprets the law in a different way. The City attorney will get back with us as soon as he can for the moment he is very busy. Ernie Evans asked if the City attorney knew of the deadline of December 31st and was advised that it is known. The Commissions concern is to get a document in place and stay in complaince. David Richmond stated that the water issue is important however, an annexation plan is also an important issue for the City to have in place. David asked that Steve contact Harry, planning coordinator in New Braunfels before our next meeting, maybe he could . provide the Commission with a summary of their annexation plan and if they have gotten approval on their plan. It would be in our best interest if the Commission had some idea if anyone has done any annexation plans and get a better understanding. If this information could be provided by our next meeting or maybe call an emergency meeting the last week in December. Ernie Evans: Ernie mentioned the Census information in your packet, which you will find interesting and also part of the packet is some potential changes in the San Antonio UDC agenda. Ernie mentioned that a letter of resignation has been received from George Maxfield. Ernie asked that advertising start for a new Commissioner. He hopes that there are . citizens around town that would be interested in servicing on the Commission. 11 . . . Steve Simonson: Steve introduced Maureen Goodrich as an intern working with the City. She will be setting up a committee for the beautification of FM 78. The beautification constitutes three phases: What can be done with the Cibolo Creek on the Schertz side, assist businesses and enhance the esthetic look of the business side of FM78, and work out a plan for the railroad side. These are the city's three goals. Letters will be going out to businesses asking for volunteers for the committee. Maureen will head this committee. Steve asked everyone to welcome Maureen on board. She is a citizen very interested in serving her community and enhancing the beauty of her City. He has mentioned to Maureen that possibly she could join the APA as a student and attend the next . conference. #17 Adjournment: Keith Van Dine moved to adjourn the meeting. Tony Moreno seconded the motion. The meeting adjourned at 8:00 p.m. Chairman, Planning & Zoning Commission ATTEST: Planning Secretary, City of Schertz . 12