Loading...
07-08-1997 e e . PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a Public Hearing on Tuesday, July 8, 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 TONY MORENO KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER MARY YBARRA, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT Robert S. McHardy Keith Van Dine (work related) Greg San Marco, McCrary & Associates # 1 CALL TO ORDER 4It Chairman Ernie Evans called the July 8, 1997 meeting to order at 7:00 p.m. Mr. Evans explained the procedures to be followed at the public hearing. The City Council public hearing on this item will be held August 5, 1997. #2 PUBLIC HEARING: To Receive Citizen Input on a Request from San Antonio I Limited Partnership, San Antonio III Limited Partnership and Charles Forbes, to rezone 35.31 acres, South of IH 35 in the 23000 Blk. and West of Friesenhahn Rd. from PD (Pre-Development District) to M-1 (Manufacture District Light) (ZC #144-97) Ernie Evans asked for Staff input. Steve Simonson commented that this was an ongoing request that has been dealt with not only in the annexation question and recommendation to City Council that this go forward. The annexation has been approved by City Council. Mr. Greg San Marco is present. This is an item that has been recommended for approval and had to wait for annexation before it was brought back for a Public Hearing. . Ernie Evans asked if there were any comments from citizens on the rezoning issue before the Commission. With no comments or questions from the Commissioners, or discussion on the rezoning, Chairman Evans closed the Public Hearing. -1- . . . e e #3 ADJOURNMENT OF PUBLIC HEARING: Chairman Evans adjourned the Public Hearing at 7:05 p.m. 14 CALL TO ORDER: Chairman Ernie Evans called the Regular Planning and Zoning meeting to order at 7:05 p.m. 15 APPROVAL OF MINUTES: The minutes of our regular session of June 24, 1997 were not published and will be brought before the Commissioners at our next meeting. #6 STATUS OF FINAL PLATS: There were none. 17 STATUS OF BOA ACTIONS: Pia Jarman stated the BOA actions are: At the June 30, 1997 meeting there were two requests; Donald Knight's request for a Special Exception to the Zoning Ordinance for a 7.5' exception to the assumed electric easement which was approved. Steve and Carol Simonson for two variances; one to a side yard and a accessory building setback, variances were approved. 18 Citizens' Input Other Than Agenda Items: There were none. 18A CONSIDER AND MAKE RECOMMENDATION: Request from San Antonio I Limited Partnership, San Antonio III Limited Partnership and Charles Forbes, to rezone 35.31 acres, South of IH 35 in the 23000 Blk. and West of Friesenhahn Rd. from PD (Pre-Development District) to M-1 (Manufacture District Light). (ZC #144-97). Steve Simonson stated this is to conform with the existing zoning that they have on all their other properties on IH 35 and also to the existing property along IH 35 to make it a larger piece. Ernie Evans asked for comments or questions from the Commissioners on this issue which had been discussed previously. Merwin Willman moved to recommend approval to the City Council for rezoning of the 35.31 acres, South of IH 35 in the 23000 Blk. and West of Friesenhahn Rd. from PD (Pre-Development District) to M-l (Manufacture District Light). Gary Wallace seconded the motion which carried unanimously. -2- e e #9 CONSIDER AND MAKE RECOMMENDATION: Request McHardy to Rezone 44+ acres North of the Old Properties from M-1 (Manufacture District (Residential/Agricultural) (ZC #145-97) from Wuest Light) Robert S. and Wahl to RA . Steve Simonson stated that Mr. McHardy was having a problem receiving a loan or financing, his lender was telling him that the way his property was situated with no frontage on a major road and nothing other than an easement to the property, a loan would not be approved with the current zoning. Mr. Simonson stated that Mr. McHardy wanted to know his options and when that area was zoned, he did not ask for the zoning. Mr. Simonson commented that the only option would be to come in and request a rezoning and explain the reason for the request. Mr. Simonson added that a letter from Mr. McHardy had been submitted, also it was difficult to try to show the Commission approximately where the property is. Steve Simonson had explained to Mr. McHardy that if a Public Hearing were to be held the actual metes and bounds would have to be part of this, but stated that he thought enough information was submitted for the Commission to make a decision. Ernie Evans asked if there were any questions or comments. Steve Simonson stated that Mr. McHardy was present. . Merwin Willman stated he had one concern; To rezone this property to anything other then what it is, would be classified as "Spot Zoning". Merwin Willman added, why a bank considers zoning he did not know. Zoning is for future use of land not for the current use. Ernie Evans commented his concern was a similar issue, an issue out on Lookout Road that had taken several months to determine if that could be rezoned or not. Tony Moreno stated that we needed to look at the checklist, item 3, determine the answer to the required and then make our decision. rezoning question Ernie Evans stated these three questions in the checklist are directly out of the UDC and becomes a point of discussion but before the commission gets into a discussion, Ernie Evans asked Mr. McHardy for his comments. Mr. McHardy commented he did not hear if the term was "Spot Plat" or was it "Spot Zoning". Mr. McHardy asked the meaning of the term "Spot Zoning". ~ Merwin Willman commented that the term "Spot Zoning" is rezoning of a relative small area differently from the zoning of the surrounding area usually it leads to an incompatible use or to favor the owner or the particular piece of property. "Spot Zoning" is invalided by the courts, not in accordance with Comprehensive Planning rules or with the requirements in State enabling legislation. -3- e e . Mr. McHardy asked what are the requirements by the Commission for zoning land "Industrial". Mr. McHardyadded it had been a petition question to the State of Texas when it was an ETJ. This was over 20 years ago. At the time he was told at State level he had the right because its within the jurisdiction. Mr. McHardy added that for the banks to lend money on an industrial piece of property they ask two things; Industrial Water and Industrial Sewer which his property does not have. They also require a given amount of street frontage, at least 60 feet. Merwin banks, land, things Willman commented that this is an internal policy with the that the zoning only takes affect if you intend to sell the it does not pertain to current use. Since none of these pertain to zoning, this must be a bank policy. Mr. Hardy commented that when you zone "Industrial" is it not for Industrial purposes. Gary Wallace asked what Mr. McHardy is planning to do with the property. Mr. McHardy stated he was selling part of the land to his son and retaining the other half and in order to get a loan the property required street frontage because of the Industrial zoning, therefore, the loan was based on the fact that the property is zoned Industrial. He stated he wanted to keep the land in the family and not loose it, because he could not transfer half of it to his son. . Ernie Evans added that he was looking at purchasing some land and did not have problems with restrictions in floating a loan, this is something internal to the lending institutes you have checked with. David Richmond asked if a letter could be obtained from the most recent lender as to why they are not approving the request and let the City Attorney respond. Steve Simonson stated he did not know if his legal people could do this, but if he could have a copy of a letter he will see if we can help. Steve Simonson added that another possibility is that Comal County has put some kind of rules on your property that you don't know about, particularly to the frontage property and lenders know about this rule. You are not in the county you are in the city. Comal County rulers of that nature do not hold water inside our city limits. Ernie Evans stated that in the checklist one of the questions we have to ask or answer is whether granting the request would create an incompatible use issue. Merwin Willman added that #3 covered the "Spot zoning". . Ernie Evans stated that what the members are saying is that it would not be right without more relative information to grant your request, because we would be in violation of our own guidelines and rules of the State that we have to go by. If you could get some -4- . . . e e documentation into Mr. Simonson he will see if you can get some help, to get some straight answers in terms of what is going on, because the zoning issues that someone is giving you with special rules attached should not come into play here. Gary Wallace added that Mr. Hardy was caught in a "Catch 22" and we as a city or commission needs to do whatever to help him avoid this situation. Mr. McHardy stated he was doubled taxed, Comal and Guadalupe. Mr. Simonson explained that the property is appraised by Guadalupe which also appraises Comal, Bexar and Guadalupe County because you are in the City limits, but you only pay county tax to Comal not Guadalupe, and a city tax. Mr. Simonson added that if he had a problem, we have a tax officer that would be willing to help. Mr. McHardy stated Commissioners and Mr. he would bring in the letters Simonson to assist him with. for the Merwin Willman moved to recommend, to table this request until further information is received. Gary Wallace seconded the motion which carried unanimously. #10 CONSIDER AND MAKE RECOMMENDATION: Request from Helen Gutierrez for Street Name Change. Steve Simonson apologized for not being able to find the original letter where Mrs. Gutierrez made this request, and a formal answer was sent to her. In her answer to this letter and with all the names of land owners from Schertz Parkway to 3009 and Live Oak Road, Mrs. Gutierrez is requesting that a name change from Live Oak Road to Henry Gutierrez Sr.. Mr. Simonson added that, an approved by City Council guidelines for street and road name changes for the City of Schertz, was passed in 1989 and is included in your packets. Merwin Willman commented he had a letter dated June 28, 1985 from the city to the Gutierrez family in answer to a letter for the same request, there was mention of a policy of trying to get developers to name streets after former mayors and councilmen that have died in office. A copy of her letter will be given to the Commission for consideration to add to their list on desirable street names but this is a policy that should be continued with. Merwin Willman added that other parks, building, parkfields etc. should be named after these types of distinguished citizens. Steve Simonson commented that this has not been a consistent policy, due to the fact that the Schmerville area had a street name change to Boenig Dr. at a request of a family in that area to honor someone that had lived there for many years. The Commission approved this request. Merwin Willman commented that this was done, and he will make a recommendation to our guidelines in street and road changes to insure that it doesn't happen again. -5- . . . e e Ken Greenwald asked if this was the current policy. Merwin Willman answered "yes". Pia Jarman added that exceptions have been made. David Richmond asked if the Commission was to make a recommendation for a Public Hearing without the information specified in paragraph 3 or for letters to be sent to these individuals in order to follow the guidelines, it was premature to come before the Commission, until item 3 the "City Shall", so until the city does, we do not have any action to take. Ernie Evans commented that the way he looked at it, also we don't take any action because its not staffed, we don't have the input from the required departments to consider. Gary Wallace stated he was against name changes, there are new streets that can be named after people if that is required. The expense, the turmoil in changing street names is ridicules. David Richmond stated that as long as there was the standing policy and we have a resident that has submitted on the outstanding policy we are obliged to follow the procedure. Gary Wallace moved to recommend referral to send it to city staff to comply with the policy, specifically paragraph three, sending out the letters. Tony Moreno seconded the motion which carried unanimously. #11 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Greg Pitzer, Zemex Internat'l, Inc. for Preliminary Vacate and Replat Approval for Tri-County Business & Industrial Park, Unit 3. (PC #328-97) Steve Simonson stated this is a vacate and replat of Lots 19 and 20 of Tri-County Business Park. In essence what enlarging Lot 19 and shrinking Lot 20, which are 27. There are several errors that need to follows: : you are doing is labeled Lot 26 and be corrected as 1. Flood Plain Date and Panel Number 2. Correct name in P&Z signature block 3. ROW of width of streets 4. Show vacate and replat 5. Set back lines 6. Bearing reference should be Vol. 4 Merwin Willman commented that in the Zoning statement there was a misspelled word "considered" also the street on the west of the development is incorrect, it should read Guada Coma and the block numbers indicating the lots are not shown. -6- . . . e e Pia moved that the commission approve the preliminary plat submitted by Gary Pitzer of Zemex Internat'l contingent upon all corrections and notions be made as discussed. Gary Wallace seconded the motion which carried unanimously. #12 CONSIDER AND TAKE APPROPRIATE ACTION: A. Changes to the UDC B. Traffic Impact Analysis C. Telecomunications Antenna/Tower Siting Steve Simonson stated these are items that have be discussed in the past on changes to the UDC, corrections and additions to the UDC. There are some corrections needed to be made to upgrade the UDC, the number of density in the R-6 area and items on the check list. David Richmond asked if the plan was to issue page changes. Steve Simonson responded "yes". Steve Simonson added this would have to go to a Public Hearing. If approval is recommended, P & Z and City Council will have a Public Hearing, once it is approved the page changes will be sent out to anyone that has purchased the UDC mainly engineers and developers. Merwin Wilman stated there were some corrections that would have to be made. David Richmond moved to set up a Pubic Hearing to consider the changes to the UDC as corrected. Tony Moreno seconded the motion which carried unanimously. #13 GENERAL DISCUSSION: Tony Moreno: Had no comments Gary Wallace: The cellular antenna on 35, just north of Bussey's, is that out of our ETJ? Steve Simonson commented that there was one on 2252 belonging to Southwestern Bell and that was the first one that was approved. Gary Wallace added it just surprized him, he wasn't aware that it had been the first, he was aware of the approval of the church property antenna as the first. Steve Simonson added there is an antenna going in on 1518 short of Selma city limits. Pia Jarman: It was very interesting at the 4th of July Parade, all the Schertz people were doing all the work and everybody that she asked if they were from Schertz said "No", we came from San Antonio or Universal City or some other place. David Richmond: Had no comments -7- e e Ken Greenwald: Hope everyone got their news letter, the Bond issue information is inside. Its not an advertisement for or against, its for information. A lot of people are telling him they have not heard anything about the bond issues. . David Richmond asked if the city would have any objections to reproducing this information. This would be good for their news letter for the Homeowner's Association. This is one of the better ones that he has seen, it is better to understand. Ken Greenwald added that if they have any questions you can come back and we can give you more details. David Richmond asked about the Community Center, is bond issue #6, going to make it a more functional facility. Right now the facility is a piece of "Junk". With the improvements the facility would be more functional. Merwin Willman asked if there were going to be two separate buildings for the police and fire Dept.. Eventually the police Dept. will be moved out of the City Hall building. The intend is to expand City Hall office space into the Police Dept. Ken Greenwald hoped everyone enjoyed the 4th. The parade was a long one with 107 entries, we also made all 3 TV channels. Steve Simonson: The APA Conference is coming up on October 8-11 in Galveston. We would like to know on our next meeting or as soon as possible your plans. We will be receiving our packets in mid August and would like this information so all reservations and accommodations can be made. . You have my notes on the new businesses. We have them coming out of our ears. Right now we do not have any new Subdivisions being requested. Ernie Evans: Any status on the Joint Meeting with City Council. Steve Simonson believes sometime in August, he will check on this. Ernie Evans added had anyone seen the damaged mobile home trailer on the access or the side of the ditch on 1518. Steve Simonson commented that the man that owners the Truck Stop is buying a lot of the damaged mobile homes and wants to set up his own Mobile Home Park. Steve Simonson added that he is getting a lot of calls on this and residents have to understand that is out of the City limits and we have no control. Bexar County has the control, this is their ETJ. Ernie Evans apologized for missing the Compo Plan meeting. The next meeting for P & Z is the 22nd of July. Hopefully we will have both sets of minutes by next meeting. David Richmond moved to adjourn the meeting. Pia Jarman seconded the motion. The motion passed. The meeting adjourned at 8:15 p.m. . -8- . . . e ATTEST: ~-,\ )- .v'1....-' Chairman, e /--, i =r-J2 Planning and Zoning ''--'Y!; I.... _.. '-. !If! II \ ,. //-. ' .' Ii !/ j,A//l/'",,{ ',/' ?"l//i.'< r ,(_ ,..."~,,.. Planning S~qretary, City of Schertz, Texas -9-