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08-26-1997 n/s . . ~ e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, August 26, 1997 at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF ERNIE EVANS, CHAIRMAN DAVID RICHMOND, VICE-CHAIRMAN MERWIN WILLMAN, SECRETARY PIA JARMAN GARY WALLACE KEITH VAN DINE TONY MORENO KEN GREENWALD, COUNCILMAN, ex-oficio STEVE SIMONSON, ASST. CITY MANAGER MARY YBARRA, PLANNING & ZONING SECRETARY MEMBERS ABSENT OTHERS PRESENT MERWIN WILLMAN, SECRETARY Greg San Marco, McCrary & Associates Terry Boeck Tim Pruski Dave Matlock, Continental Homes 11 CALL TO ORDER Chairman Ernie Evans called the August 26, 1997 regular meeting to order at 7:00 p.m. 12 APPROVAL OF MINUTES: Public Hearing and Regular Session August 12, 1997. Pia Jarman stated an addition of a word on page 8, paragraph 6. David Richmond added correction of some typo's on pages 3, 9, 13 and 14. On page 11, paragraph 3 the word will should be omitted. On page 12, paragraph 5 it should read County Commissioner Pct. 4, Mike Novak. Pia Jarman moved to approve the minutes of the Public Hearing and Regular Session of August 12, 1997 as corrected. Gary Wallace seconded the motion. The motion carried as follows: Ayes: Pia Jarman, Keith Van Dine, David Richmond, Gary Wallace. Abstentions: meeting) . Ernie Evans, Tony Moreno (both absent at said -1- e e #3 STATUS OF PLATS: 4It There were no plats to report on. 14 BOA STATUS: There were no actions to report. 15 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. '6 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Helen Gutierrez for a Street Name Change. Tabled 8-12-97. (PC #327-97) Chairman Evans staffing. It discussion. stated this item was tabled on 8-12-97 pending will have to be taken off the table before any Pia--- Jarman moved that the request from Helen Gutierrez, tabled 8-12-97 be taken off the table. Gary Wallace seconded the motion which carried unanimously. . Ernie Evans stated this item is on the table and asked for staff input. Steve Simonson stated the request has been brought back and put on the agenda now that he has obtained the letter that the Commission requested. This letter was originally written to the Mayor requesting this name change. As he had mentioned at the last meeting letters were sent out notifying the different agencies such as 911, SWB, Paragon and GVEC, no reply has come back with any problems with the name change. The Post Office did not have a problem. Steve Simonson added if the Commission plans to move forward with the request to the Public Hearing phase, then at that time a Public Hearing notice will be sent to all people involved on Live Oak Rd.. Chairman Evans asked for comments, discussion or questions on this item. . Pia Jarman stated having read the letter she understands where Helen Gutierrez is coming from. However, not to sound harsh, she believes there are other people living in Schertz for a long time that have done worthy things as well. The things Mr. Gutierrez has done for the Church are good deeds; as far as the business is concerned, she assumes the business has been kind to him, so personally she is not for such a name change. Nevertheless, the issue having been brought up, she feels we should go ahead with a Public Hearing and see how others feel about the issue before a final decision. -2- e e ~ Keith Van Dine asked "is that what the Commission would be doing recommending this issue for a Public Hearing." Steve Simonson replied if it's voted for recommendation for a Public Hearing that is all the Commission would be doing. Keith stated he agrees with Pia, it will be interesting to know how the citizens feel about it. Pia Jarman stated there are five address that are on Live Oak Rd. Tony Moreno stated at this stage the only thing the Commission would be doing is recommending a Public Hearing. Steve Simonson stated the Commission has an option either to send it forward for a Public Hearing or not to do so. Ernie Evans stated after our Public Hearing it will still have to be approved or disapproved and forwarded to City Council for their action. Gary Wallace commented he can't imagine someone at a Public Hearing opposing an issue like this. It's such an emotionally issue. Pia Jarman replied you'd be surprised. Gary added he is not sure the City can stand the precedent of changing a street name based on someone's tenure in the City. If that is the case, there are literally hundreds of people that could apply to have a street name changed in honor of a person and the City would not have a reason not to do it. . Tony Moreno stated having read the letter, it appears that is what it is saying, a long residence in the City. Gary Wallace stated he was opposed, it might not be a very popular stance but he doesn't see where it is warranted. Pia stated there would have to be a solid reason in order to deny it and take this back to Mrs. Gutierrez. Steve Simonson stated the point would be for the Commission to vote to forward this issue for a Public Hearing, not saying yes or no to the request itself. David Richmond stated he agreed with Gary Wallace. When looking at the proposed new guidelines in recognizing distinguished citizens, he feels we will find ourselves in'problems. If we allow ourselves to get into a situation where it is based on 35 years tenure, most people that have lived in the City for 35 years have accomplished something. If a precedent is established, it will be difficult in dealing with other requests. He feels a Public Hearing will not do any good in resolving this issue. Gary Wallace stated a counter proposal would be to contact a developer and use one of the new streets in a subdivision. It would likely happen in this manner. Pia Jarman stated subdivision usually have their own themes and names to go with the theme. . -3- e e . Keith Van Dine stated he has been a Commissioner for over 10 years and has not heard of this happening much. If the Commission goes ahead with this request, he feels there won't be people lining up that have lived in the City for 35 years requesting a street name change. He feels this individual, based on the letter, has made a contribution to the community. He personally does not have a problem with the street name change and would be interested in knowing what the citizens have to say that are affected by the change. Ken Greenwald stated going back many years Henry and his family have done a lot for the City that wasn't publicized: giving free garbage service to parks, ball tournaments, and other City functions. They recently offered service to the South end of Randolph when Bexar County refused. The firm has provided the Spring cleaning to the City for at least 14 years. Henry Jr. has provided a lot of services for the City as well as his father. David Richmond stated all that is commendable but feels that is not a reason for having streets named after people. There were some concerns in the renaming of 3009 in the P & Z recommendation to City Council, but City Council felt that was a way to recognize Roy Richard Sr. The John Peterson renaming was totally a different situation. Also David is not convinced that changing street names for-individuals should be a habit to get into. . Ernie Evans years. Ken the letter change. asked why this issue was being brought back after 10 Greenwald commented he had no idea, all he knew was of that was written to the Mayor requesting the name Ernie Evans stated regardless of how this issue is treated, the Commission has to make a decision, yes or no, whether to recommend this to City Council for a Public Hearing. Ernie Evans asked if a Public Hearing is held to receive input on this subject and after the Public Hearing, are we not bound to make a recommendation to City Council if we decide to disapprove. David Richmond stated in the process of naming the conference room for Bob Andrews wasn't there a discussion of using a street? Steve Simonson commented a park, street and a building were considered but the conference room was more appropriate. "Especially since we remember Bob's leadership in this room" Pia Jarman added. Keith Van appropriate trucks. Dine stated in the case of Mr. Gutierrez, it would because of the time he spent on the streets with be his Ernie Evans stated the question is, "do we want to go forward with a Public Hearing or not". . -4- ~ . . e e Pia Jarman stated if Helen Gutierrez took the trouble to go through all the procedures, she feels the Commission has to do their part as well. According to Robert Rules, she also stated if someone makes a motion and there is no second the motion dies. Someone may second a motion without approving the motion itself and vote against it. Pia Jarman moved to forward the request from Helen Gutierrez for Street Name Change to City Council with recommendation that Public Hearings be scheduled. Keith Van Dine seconded the motion which carried as follows: Ayes: Tony Moreno, Keith Van Dine, Pia Jarman, Ernie Evans Opposed: David Richmond, Gary Wallace f7 CONSIDER AND MAKE RECOMMENDATION: Request from Robert McHardy for Rezoning 44+ acres North of the Old Wuest and Wahl Properties from M-1 (Manufacture District Light) to RA (Residential/Agriculture).Tabled 7-9-97. (ZC #145-97) Ernie Evans stated this item has to be "untabled" and be put back on the table in order to have a discussion. Gary Wallace moved to take the request from Robert McHardy for rezoning of 44+ acres north of the Old Wuest and Wahl Properties from M-1 to RA off the table. David Richmond seconded the motion which carried unanimously. Steve Simonson stated this was a procedural issue that was in reality a dead issue. Mr. McHardy has gotten the loan and is no longer interested in rezoning after his loan was approved. This issue had to be brought back to the Commission to deny this request so a tabled action can be completed. Keith Van rezoning of from M-1 to unanimously. Dine moved to deny the request from Robert McHardy for 44+ acres north of the Old Wuest and Wahl Properties RA. Tony Moreno seconded the motion which carried f8 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Continental Homes, 3516 Saratoga Place, Carolina Crossing Unit 1, for Special Exception to the Zoning Ordinance for a front yard setback (from 25' to 24.7') and side yard setback (from 5' to 3.4'). BOA #94-97 -5- ~ . . Steve Simonson stJlad the narration plainly ptpnts out the forms for the foundation were taken off the incorrect lot site. This is why the house is offset. This was discovered during the finals both by Continental Homes and the City, this is why they are requesting a BOA action in order to obtain a certificate of occupancy. They have people ready to move in. There is a representative from Continental Homes present to answer any questions. Gary Wallace asked if Continental Homes would still maintain the 15' requirement. Steve Simonson responded yes. Pia Jarman asked if there was a house on Lot 17. Terry Boeck representing Continental Homes stated no, as the drawing shows this lot is smaller. In their plans to build they will find a house that is 34'11' in width or smaller and will be able to maintain the 15' requirement between homes. Pia Jarman commented that increasingly BOA is not very happy with this kind of request. Developers making mistakes and then wanting BOA to change things. There are times when issues are forwarded with our approval, not necessarily this issue. The board's thinking at times is that we violate our own rules. Any comments the Commission makes will be passed on to BOA for their decision. Ken Greenwald Commented Continental Homes has gone to the trouble of locating a home that will still maintain the 15' requirement. Ernie Evans commented the difference with this action is it was brought to the attention of the Commission. The lot adjoining is vacant and we have the right to hold the developer to the 15' distance between homes. If they would come back requesting another variance we can refuse because of the level of cooperation involved. Ernie Evans stated the Board of Adjustment needs to know that the Commissioners are concerned about these sort of issues and are not going to take them lightly. At the same time if there is an avenue to offset what is happening and reach an agreement that is acceptable, he thinks there is reason to work on that level of agreement. The rules were written so mistakes like this can be caught before they happen. There is dual blame, both on the developer because there was an oversight and no check until the forms were put in place; and secondly by City Staff who need to inspect forms before concrete is poured. At that time forms could have been corrected and concrete not poured. Gary Wallace moved to forward the request from Continental Homes, 3516 Saratoga Place, Carolina Crossing Unit 1, for Special Exception to the Zoning Ordinance for a front yard setback from 25' to 24.7' and side yard setback from 5' to 3.4' to BOA recommending approval. Keith Van Dine seconded the motion which carried unanimously. Ernie Evans stated a letter would be sent to BOA recommending approval with justification because of Lot 17 being empty, showing the lesser sideyard setback can be corrected and not lose the required 15' between buildings. -6- e e 19 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Business & Industrial Park for Plat Approval of Taco Bell (PC #336-97). Tri-County Preliminary Subdivision. ~ Steve Simonson stated this is a splitting of lot 3 of block 2. This replat has two problems; one no topography information is shown, secondly flood plain date is incorrect. Gary Wallace asked if the property was adjacent to the Ramada. Steve Simonson commented that was so. Ernie Evans asked are there easements or utilities issues not shown. Steve Simonson stated the plat does not show these issues, he asked "Will you be going right off the back of the existing easements?" Greg San Marco Commented the existing access 30' utility easement continues in the back. Greg commented he wasn't sure if the 14' off the front would be used for electric utilities but the water and sewer would be off the back. He corrected the statement, the water is off the front and sewer is off the back. Water and electric.are off the frontage. . Ernie Evans asked if the property abuts Ramada will property owners names be required. Steve Simonson replied yes. Ernie Evans asked does the 16' sewer easement cross the property or is it part of the property. The 16' ends at the property. Ernie Evans asked what the intentions are for the road. Greg San Marco stated the ultimate development plan for the road would be a concrete inverted drain/access extension to Tri-County Parkway. Taco Bell's intentions are for a 25' drive stubbing out to the easement with no development of the easement. Gary Wallace asked if Zemex owns the other half of the lot or more. Steve Simonson COmmented Zemex owns all of Tri- County that isn't already a business. Ernie Evans stated we need to verify with the inspectors the concerns the Commission has with the check list concerning the easements. Steve Simonson stated he had checked the questionnaire and he also had concerns. He stated he had not had the opportunity to speak with Greg San Marco concerning this issue. In planning the utility easement are they using the 30' easement in the back of the property and running it across? Ernie Evans asked if the 25' building setback line continues across the lot. Greg San Marco COmmented it crosses the entire lot. . Pia Jarman asked for a clarification on corrections needed on the plat, enumerating those she had. -7- e e Pia Jarman moved to approve the request from Tri-County Business & Industrial Park for Preliminary Plat for Taco Bell Subdivision contingent upon the following: ~ 1. Topographical information be shown 2. Property Owner on Lot 8, Block 2 be indicated 3. Flood Plain information be corrected 4. Easement issue be clarified Gary Wallace seconded the motion which carried unanimously. 110 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Zemex International for Preliminary Plat Approval of Tri-County Business & Industrial Park, Block 1, Lot 9. (PC #337-97) Ernie Evans stated item #10 has been amended, it now reads request from Zemex International for Final Plat Approval of Tri-County Business & Industrial Park, Block 1, Lot 9. A corrected plat has been passed out to the Commissioners. . Steve Simonson stated the plat clearly shows the 20' permanent construction easement on Lot 1, Block 9, it also shows the property owner Morton Southwest and Interstate Highway 35 on one side and a lot on Tri-County Parkway which is owned by Zemex. Item 1 in the location map is showing the panel number and dates which are correct, it is also showing a map revision that has been submitted and accepted by FEMA. There was a small portion in the flood plain. A channel was built that will take care of water drainage which eliminated this flood plain. The topography information, building setbacks, telephone easement, water lines in front and 29' between lot 2 and lot 9 is a drainage and sewer easement. Gary Wallace asked is it the procedure when doing a replat that you change the lot number. steve Simonson replied this is true. Pia Jarman asked if this was a "vacate and replat". Steve Simonson replied, in a sense this is what they are doing. It's a replat, it isn't the cutting up of a lot, in this case the lot sizes haven't changed, other than dropping the 20' construction easement. The statement concerning the flood plain is the only change on the plat. It's a platted lot that has been recorded and approved and is not changing in size. Ernie Evans stated in essence if it was treated as a "vacate and replat" rather than a preliminary and final the only difference is if it was a "vacate and replat" and there was something wrong it would be disapproved. The only difference in a "vacate and replat" is the way it is treated by the Commission, i.e. that no contingencies are allowed. Once it is approved it is a "done deal". . -8- e e ~ David Richmond stated we can't just substitute one item #10 for the other and request final plat approval when a preliminary plat has not been approved. Steve Simonson commented a replat can be a final plat. The ordinance does allow it because it is an existing platted lot. David Richmond stated shouldn't it say so in the request. It seems like the Commission is approving a request that has been seen and the Commission in fact has not. Steve Simonson stated in a way it has because it's been approved by a previous Planning and Zoning Commission. Pia Jarman stated the thing to do is to move to change the way the agenda reads. Ernie Evans stated the agenda should read Preliminary and Final or Vacate and Replat. Ernie Evans added the checklist had been completed prior to the request to change and make this a Preliminary and Final plat. Pia Jarman moved to amend agenda item #10 to read: Zemex International for Preliminary/Final Plat Tri-County Business & Industrial Park, Block 1, Lot Dine seconded the motion which carried unanimously. Request Approval 9. Keith from of Van Gary Wallace moved to approve the request from Zemex International for Preliminary/Final Plat Approval of Tri-County Business & Industrial Park, Block 1, Lot 9. Tony Moreno seconded the motion which carried unanimously. . .11 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Thuy T. Pham for Preliminary Plat Approval of Thuy T. Pham, Unit 1 (PC #338-97) Steve Simonson stated the Commission recently approved the rezoning of the 1.5 acres where Mrs. Pham planned to have residences on the back of the property and leave the front as commercial. She is requesting a utility and egress and ingress easement. There are some problems with this plat such as the topography information, owner signature which should read Bexar County, Block numbers required for the lots and parkland fee's will need to be paid. Ernie Evans stated should it show the property owners on the other side of the property. Steve Simonson commented he thought this property was unplatted and was part of Randolph. The Commissioners believed it was not part of Randolph and property owner was needed. Steve Simonson added the right of way was listed. Ernie Evans stated Mrs. Pham has platted the property as requested. If Lot 4 is ever used for commercial property a 8' fence will have to divide the residential from the commercial. . Gary Wallace asked about the septic tanks. Ernie Evans that 1/2 acre is the requirement for Bexar County. Ken added that as of Sept I, 1997 1 acre would be required. commented Greenwald -9- e e Steve Simonson stated she can get grand fathered or submit to Bexar County that this is all one family and she would like to build one system and have it engineered for approval on the 1 1/2 acre requirement. . Keith Van Dine asked Greg San Marco was Mrs. Pham aware of the problems involved if she tries to put commercial in that area? Greg San Marco stated he plans to make her aware. Steve Simonson added he had talked with Mrs. Pham about the problems involved and she understands. Gary Wallace stated if the 1 acre becomes a provision on Sept 1, 1997, will these lots have to come back as 1 acre lots? Basically moving the northern lot line up another 100', would make the lots 1 acre and about 200' in depth more or less. Steve Simonson stated the problem that we will have to discuss with Mrs. Pham, is this the area that was rezoned. We will have to have this area rezoned if we change the lot sizes. Keith Van Dine moved to approve the request from Thuy T. Pham for the Preliminary Plat Approval of Thuy T. Pham, Unit 1 as corrected. Gary seconded the motion which carried unanimously. '12 GENERAL DISCUSSION: Tonv Moreno: 4It Had no comments Keith Van Dine: There is a new mobile home going in on Pfeil Rd. It's about 300' down from Shady on the right hand side. They have been clearing the lot and moved the mobile home. Garv Wallace: Had no comments Pia Jarman: Had no comments David Richmond: On the new business cards don't we get credit for Zoning Commissioner. The card only reads "Planning Commissioner". Steve Simonson stated there was a mistake in the printing of the new cards. . -10- e e . Greenshire Home Owners Association is having their board meeting Thursday night and discussion will be, do we have an answer to the sidewalk issue on Woodland Oak Dr. Unit 7. Steve Simonson stated he needs to check into the agreement with the developer and corrections will have to made to Unit 4 and Unit 6. Steve Simonson stated he would check and call David with the information. Keith Van Dine stated he had one more question: are the individuals getting slick on 3009 with a sign inside the wall? Ernie Evans stated that area is Dove Meadows and there is nothing that can be done because the area is in Cibolo. Ken Greenwald: Interplastic has been approved. They are mainly suppliers of raw material. The headquarters will be here with 11 new jobs. It's a small operation but it is a start. The preliminary report on the water study was approved last Tuesday. He hopes it won't be too expensive. Our primary concern is water. If we come up with four sources of water, we will have four sources. We have more potential for growth than anyone around here, we need the water now. In the workshop session the budget was approved. It needs to go through the Public Hearings and have the tax rates set. There was basically no change in the tax rates. Next year with all the new businesses coming we will see a change in the tax rates. . Pia Jarman asked what the status is on the Fire Dept., Police, and EMS issues. Mr. Greenwald said, the City Manager and the Fire Chief are looking at 10 or 12 different land sites as close to City Hall as possible. In the original plan if the whole bond issue passed, it would be sold in sections. It's in the preliminary stage at the moment. The best place would be in same vicinity because of the central location. Nothing is in concrete yet. Steve Simonson: He has had a talk with the Orange and White fast food place. Whataburger will be next to Bill Miller's on the access road. They would like to know how fast they can start building. Taco Cabana has requested what is called Fast Tracking in the building permit system. Gary Wallace asked is there any news on Randolph Brooks completion? Steve Simonson replied, No. Ken Greenwald added the sign in the lobby reads "fall of 1997". It does not give a specific date. The packet information showing the internet issue that we will learn more about at the Conference in Chapter 1 of 481 is basically telling us how to hold developers to the original master plan. Keeping things on track. . -11- . . . e e The internet has good information on Comprehensive Plan development and ways of channeling development. This is a constructive article that will be passed out at the next meeting to those who are interested. Ernie Evans: The next meeting we will have to reappoint the expiring terms for the following Commissioners: Pia Jarman, David Richmond and Gary Wallace. The next P & Z meeting will be Sept. 9, 1997. The Commission received a letter of resignation from Merwin Willman to be effective immediately. He will talk to Mr. Willman and will not take any action on this issue tonight. The action of this Commission will be to appoint another member in the event of a vacancy. The same sign, as at 3209 Emerson, exist on the east side when north bound on Schertz Parkway at the erosion control barrier. To help Keith Van Dine on his concerns, Ernie has a concern, at 3209 Emerson Pass, Rayco is building a nice home; in the back yard sticking over the fence in Ashley Place is a 3 x 6' sign. "Welcome to Ashley Place". Is that sign authorized in the back yard? The same. sign, as at 3209 Emerson, exist on the east side when north bound on Schertz Pkwy. at the erosion control barriers. Simonson commented a development is authorized a sign but not in the back yard. They also have enough development signs scattered along Ashley Place to float a ship. There are no less than 7 signs at the entrance to Ashley Place going toward FM 3009. Secondly the development sign sitting in bank property at the corner IH 35 and FM 3009 is out of place. Steve Simonson will check all the signs for Ashley Place. If the city inspector is sent out, they have 10 days to remove the sign, if it is not taken down they will be fined. Dover has a sign off FM 3009 on the property at the end of the apartments on Live Oak Rd. The sign has been up for some time it has just been repainted. Ernie asked about the sign at the Sparkle Car Wash? There is a sign at Marvel Copy on Main Street which has a huge sign on top of the house. Steve Simonson will check on the signs. They are finally working on the County Offices. Our next Comprehensive Plan meeting will be Sept 16, 1997 at 6:30 p.m. The next P & Z meeting will be Sept. 9, 1997. Gary Wallace moved to adjourn the meeting. Pia Jarman seconded the motion which passed unanimously. The meeting adjourned at 8:45 p.m. -12- ~ . . e ATTEST: . Chairman, Planning and Zoning Commission Planning Secretary City of Schertz, Texas -13-