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05-13-1997 n/s ,f . . . .. e e PLANNING AND ZONING MINUTES The hearing Comp 1 e:,.; Schertz, Schertz Planning and Zoning Commission on Tuesday, May 13, 1997 at 7:00 p.m. Bob Andrews Conference Room, 1400 Texas. Those present were as follows. conducted in the Schertz a public Municipal Parkway, PLANNING & ZONING COMMISSION ERNIE EVANS, CHAIRMAN DAVID RICHMOND, VICE-CHAIRMAN MERWIN WILLMAN, SECRETARY PIA JAF.:MAN GAF.:Y WALLACE KEITH VAN DINE TONY MORENO KEN GREENWALD, COUNCILMAN CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER DEN I SE GPANGEF.: PLANNING SECPETARY MEMBEPS ABSENT OTHEF.:S PRESENT Tony FOrchione, Destiny Homes Brett Bruchmiller, Destiny Homes Albert White John & Birdie Grein, 920 Antler Mike Or man, Dest iney HClmes Don Knight, 913 Fawn Drive Jesse Furn, Si-Nor Charles Sciascia, McCrary & Associates Paul Deham, WF Castillcl Anthony Uwakwe, Si -Nor, Inc. #1 CALL TO ORDER: Chairman Ernie Evans called the meeting to order at p.m. Mr. Evans explained the procedures to be followed at public hearing. The City Council public hearing on this item be held May 20, 1997. 7:00 the will #2 PUBLIC HEARING: To Receive Citizen Input on a Request from Don McCrary, McCrary & Associates to Rezone Approximately 200 Acres Southeast of IH 35 and East of Wiederstein Road from PA (Pesidential/ Agriculture) and GB (General Business to M-1 (Manufacture District Light. (Ze #141-97) Chairman Evans asked for Staff input. Steve Simonson advised that three letters to the surrounding property owners within 200' were sent. There was one letter returned in favor, and in none in opposition. This is a 200 aCre tract that belongs to the Forbes on IH 35. .. John Grein asked if Don McCrary & Associates are the owners . of the property?&rnie Evans stated in thiearticular case Don McCrary & Associ~s are the representatives tor the Forbes. At this point in time there is nothing in concrete on what to be built on this piece of property. is going Steve plroperty on M-1. Simonson stated there are three other pieces of IH 35 that is owned by the Forbes group that is zoned Chairman Ernie Evans closed the public hearing at 7:05 p.m with no other comments or questions. #3 PUBLIC HEARING: To Receive Citizen Input on a Request from Albert White to Rezone Approximately 1 Acre North of Freudenburg Road and East of Pfeil Road from RA (Pesidential/Agriculture) tCI GB (General Business). (Ze #143-'37) Chairman Evans asked for Staff input. Steve property favor. Simonson advised that three letters to the surrounding owners were sent. There was one letter returned, in comments Clr questions. ehairman questions. no Evans asked Mr. White Mr. White stated he had if he had any c ommen t sell'" Chairman Evans closed the public hearing at 7:07 p.m. with no other comments or questions. #4 ADJOURNMENT OF PUBLIC HEARING: p. m. Chairman Ernie Evans adjourned the Public Hearings at 7:07 The Schertz Planning and Zoning eommission convened in a regular session, after the public hearing, in the Municipal Complex eonference Room, 1400 Schertz Parkway, Schertz Texas. #S CALL TO ORDER: Chairman Ernie Evans called the meeting to order at 7:07 p.m. #6 APPROVAL OF MINUTES: Public Hearing and Regular Session April 22, 1997. ehairman Evans advised there were a couple of typing errors that have been corrected. Merwin Willman moved Regular Session April 22, which carried, as follows: tCl 1997. approve the Public Hearing and Gary Wallace seconded the motion AYES: Ernie Evans, David Richmond, Merwin Willman, Gary Wallace, Tony Moreno. ABSTENTIONS: Pia Jarman and Keith Van Dine. (Absent at said meeting). #7 STATUS OF FINAL PLATS: Chairman Evans stated the final plats signed for the month of April are as follows: . . . Parkway Gard.; Woodland Oaks Units 5B4t 6B; Dove Meadoo,.Js Replat Unit 4; Ware Heights; Forest Ridge Unit 1; Friensenhahn Centre; and Schertz Bank & Trust. . ie CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. it CONSIDER AND MAKE RECOMMENDATION. Pequest from Don Mcerary Mcerary & Associates to Pezone 200 Acres Southeast of IH 35 and East of Wederestein Road from RA (Pesidential/Agriculture) and GS (General Business) to M-1 (Manufacture District Light). (Ze #141-'37) ehairman Evans asked for staff input. Steve Simonson stated there is no other input. Merwin Willman moved to forward to City eouncil recommending approval on the request submitted by Don McCrary McCrary & Associates to Rezone 200 Acres Southeast of IH 35 and East of Wederstein Road from RA (Residential/Agriculture) and GB (General Business) to M-l (Manufacture District Light). Pia Jarman seconded the motion which carried with a unanimous vote. . #10 CONSIDER AND MAKE RECOMMENDATION: Request from Albert White to Rezone Approximately 1 Acre North of Freudenburg Road and East of Pfeil Road from PA (Pesidenital/Agriculture) to GB (General Business). (ZC #143-'37) ehairman Evans asked for staff input. Steve Simonson state there is no other input. Pia Jarman moved to forward to eity Council recommending approval on the request submitted by Albert White to Rezone Approximately 1 Acre North of Fredenburg Road and East of Pfeil Road from RA (Residential/Agriculture) to GB (General Business). Keith Van Dine seconded the motion which carried with a unanimous vClte. #11 CONSIDER AND MAKE RECOMMENDATION: Request from Donald Knight, 913 Fawn Drive, for a Special Exception to the Zoning Ordinance for 7.5' Variance to the assumed electrical easement to the side of the property to build a shed. (BOA #91-97) . Steve Simonson stated there is a letter from GVEe stating they have no power in this easement. The shed would conform with our existing ordinance being 5' from the side and back yards. Pia Jarman asked if the property backs into another piece of resident ial property"'? Steve Simc.nson stated "yes" it bac ks up t.:. Forest Pidge Subdivision. Keith Van Dine stated this type of request has been granted previously with letters from utility companies stating they have no problem encroaching into the easements. If something should happen down the line, is this individual qoinq to be responsible for moving the shed if it has to be removed. - Steve Simona GVEe. This would not stated this involve the woul d be b.eE~n Mlr. C:ity. Knight and Merwin Willman stated as big as this lot IS why do they want to go so close to the property line. . Mr. Knight stated location for the shed reasons GVEe agreed is this property as this is this seemed like the best place and from a visual standpoint.. One of the as they do not have the authority beyond in the eps service area. Gary Wallace moved to recommend approval to the BOA request from Donald Knight, 913 Fawn Driver for a Exception to the Zoning Ordinance for 7.5' variance to the electrical easement to the side of the property to build Pia Jarman seconded the motion which carried with a vote. fOi- the Special assumed a shed. unanimous #12 CONSIDER AND MAKE RECOMMENDATION: Request from Si-Nor, Inc. for a Specific Use Permit for a Material F.:ecovery Fac il i ty on FM 1518. (SUP #13-'37) (Tabled 4-22-'37) ehairman Evans stated this was tabled at the last meeting and will need to be taken from the table befOre the item can be discussed. Pia Jarman moved to take from the table agenda Keith Van Dine seconded the motion which carried with a vote. item #12. unanimous . Steve Simonson stated this was tabled because there was some confusion on where the land was located. There also was confusion on what was being built with the layout of the land. The Recovery Facility has provided a site plan which was requested by the eommission. The site plan shows the main building being 50 X 100, the office building being 30 x 83.4, the parking is shown, there will be a 30' road off FM 1518, there also is some landscaping, the fencing, lights and sign are all shown Pia Jarman stated she was absent at the last meeting when this was presented. In the minutes it was stated there would be four stations. The first station being the drop off, second station being the sorting, the third station being the pick up spot. What has happened to station number four? Anthony Uwakwe stated the fourth station is the office. is where the bookkeeping will be done. This Pia Jarman stated the way she understands it, there is to be no smell, and no raw products being manufactured. Anthony Uwakwe stated there are only going to be specific items. There will be aluminum, cardboard, newsprint. The material that cannot be recycled will be taken to the Tessman Road Landfill. Pia Jarman stated when the eity does its own recycling, when you dump it in your bin, it is very loud. The trucks that are hauling the material in will be making some noise, also the conveyor belts will be quite noisy. Is there going to be a noise level problem? Ernie Evans stated there will be some type of noise level but there are no houses in the immediate area at present. . 56 acre of the of the height. l:.rdinance tract? Steve Simonson 5E. aCl~e~. .~ie Ev~ns remalnlng creage'''' Steve stated "yes" permits is up to 35'. stated this is only a ~u aCre tract asked who the Pl_elrty o\"ln(~lr~; \,Jelre Also will the b~llding be 30' in the building will be 30', the . Pia Jarman stated it was also stated in the minutes that the building would be 500' from the roadway. The roadway that is being talked about is FM 1518. If this is so the site plan is not showing the 500' from the roadway. El'.nie Evans stated "yes" it was stated at the last meeting that the building would be 500' from the roadway. Anthony Uwakwe stated in making the plans with the being in the way the building will be on the right side power lines. wires of the Ernie Evans asked for clarification on the wording over the sign. Steve stated it says "mounted." Gary Wallace moved to forward to eity eouncil with approval the request submitted by Si-Nor, Inc. for a Specific Use Permit for a Material Recovery Facility on FM 1518. David Richmond seconded the motion which carried with a unanimous vote. . #13 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Destiny Homes Inc., for Site Plan Approval for a Peal Estate Office and Model Home. (pe #314-97) (Disapproved 7-22-97) Steve Simonson stated the two reasons this request was turned down was because of the sign location being possible blockage to the Los Posidita sign, also blockage to Cabana Drive. After considerable amount of discussion with Destiny Homes, it was decided that the site plan would be submitted without a free standing sign on it. Destiny Homes would come in at another time for a request for a free standing sign. Ernie Evans asked what the distance is from the IH 35 frontage road curb to the property line? Brett Bruchmiller stated it is shown from the existing to the property line. There will be a 25' building setback. Merwin Willman stated this a very nice home but what is going to happen to this home once Destiny Homes is no longer needed? Tony Forchiman stated it will be sold off as office space. There was discussion on this issue. The eommissioners concluded that because of the zoning it cannot become a residence further more Pia Jarman added "whc. would want to 1 ive cln top of IH 35?" Tony Moreno moved to approve the site plan request submitted from Destiny Homes, Inc., for a Real Estate Office and Model Home. Gary Wallace seconded the motion which carried with a unanimoLls vote. . #14 CONSIDER AND TAKE APPROPRIATE ACTION: Request from eontinental Homes, for Approval of the Vacate and Peplat for earolina erossinq Unit L. (pe #316-97) - Steve Simon. stated this was an ap'ovec:l plat but not recorded. The only change is from Paragon Cable for an easement at the back of Deer Haven from Carolina Crossing. Carolina erossing has advised Paragon that they can accommodate them but it would have to be shown on the plat through the greenbelt. This is the only change to the plat that has already been approved: to add an easement between lot 28, block 3 from the street to the back of the lot across the greenbelt to Antler Drive. Merwin Willman moved to approve the request submitted from continental Homes, for the Vacate and Peplat for Carolina erossing Unit 2. Pia Jarman seconded the motion which carried with a unanimous vote. #15 CONSIDER AND DISCUSS: Traffic Impact Analysis. Ernie Evans hoped everyone had the opportunity to reread the document. At the last meeting Steve Simonson provided the eommission with another document that commented on the school which was a concern. Ernie asked if anyone had any questions, concerns, additions, deletions etc. that is up for consideration. Gary Wallace stated just from the ordinary citizen's standpoint, you have to read the document half way through before y~u find the information that you need to understand. All of the development has to do with the TIA then two pages into it, there is finally an ou~ for an ordinary citizen and why can't this be put closer to the front. Ernie There is this type things gl:. subdivision the outline. Evans asked if anyone read this months zoning report. an article on how the zoning document or a document of should be put together. It tells you that not all together the way one would assume. It shows how the ordinance goes together with the traffic in terms of This matches almost verbatim with the UDe fOrmat. Merwin Willman stated the UDe was copied from a good one and is a very good one of our own. Ernie Evans asked if be put into final draft? document and should be Commission was in agreement the Commission felt the TIA was ready to Steve Simonson stated this is a good adopted as soon as possible. The to have this in a final document. Ernie Evans stated he had a discussion with Steve on the last attachment page over changing some of the variables. This would give the P & z the right to call the issue. If the sizes are changed we would have an issue if we have a valid basis. This is the only thing in the whole document that is a concern to Ernie in terms of "does it really give us the level of cl:.ntrol that we desire." Steve Simonson stated if we were to try to lower the numbers we may get challenged. Right now everything that we have done i.e. the overlay districts are not outside the standards required by any of the other surrounding cities. We can defend this all day long but if it is changed down, we would have to come up with some rationale. . . . I ' . . . Ernie Evans stated if there comments, th:n t~is&lI:ument will be before the Commlss~n one more time afterwards it will be the final form. are no other taken to Aal, and then ~ the quest ions OJ'' but will come ne~f;t meet i ng *16 CONSIDER AND DISCUSS. Telecommunications Antenna/Tower Site Ernie Evans said there is a revised document In the packets this time. This incorporated the comments that were made at the last review with the eommission, three or four meetings ago. The check list will be in the back of the UDC. Ernie asked for any questions Or comments. Pia Jarman asked about Section 5, Paragraph 5.4 Standards. It talks about minimizing the safety hazards about the antenna towers themselves. There was an issue discussed on having some kind of fencing around the tower because of safety concerns such as preventing children such towers Pia's understanding is that not all such towers have fencing. Ernie stated he looked in the Southern Building eode and there was no information available on antenna towers. There are some regulations in the Fee regulations. But in terms of this eommission, unless we understand the rules and enforce them on the site plan we may not have the authority. Merwin Willman felt the fencing requirement can be put in UDe, and perhaps, shluld be. After disucssion it was decided the fencing requirement would be spelled out as part of standards section. our that the Steve stated in the site plan fencing is required. Steve stated he has some information on taking cellular towers and making them look like trees. This is information on teletronics. If this is put together there are things that can be built into, that the eommission is very adamant about. There could be a stipulation that they be camouflaged when they are near a residential area. Steve had some information on camouflaging cell towers and will try to contact the company for more information and the cost of camouflaging. Ernie Evans stated there is not a suitable definition for back haul provider and Ernie will work on a definition for the final document. Merwin Willman asked if cell towers will have to provide a site plan? Steve Simonson stated anything being built in the City has to have a site plan. Merwin Willman asked in 3.1 it talks about ETJ. Will prevent towers from being built in our ETJ areas? Steve stated would have to look into this but they would have to conform to Ordinances. this he the Gary Wallace asked about the properties boundaries and will this be enforceable? Ernie stated if it is in the ordinance it will have to be followed. Steve stated cell towers are permissible in industrial areas. After some discussion the Commission agreed upon the few changes that were discussed and for this item io be on the next agenda to have in final form. ot hel' c hanges b~g 1 ooke~ at ',Je need to b.'r.....g t hf:.~m. for \.J a 1'. cI this time so we a~not makIng changes to th~me ordInances. at Steve Simonson stated he had some changes to the check lists. Merwin Willman stated on Table 6A there is an administrative error. Steve stated this is only a typo. . Merwin Willman stated on Article XI Platting, on site plans, we have failed to have a termination date like what it used to be on plats. If action is not taken within a year it is terminated. This type of stipulation needs to be put on plats. Ernie Evans agreed and stated he was working on the issue of planting trees as replacements to those cut down. The other item is the parkland fees of either lowering the number of houses or increasing the fee amount. Ernie Evans stated the other item is the changes that the eommission may want along Schertz Parkway that was discussed with the TIF group. This would chane some zoning. Merwin stated he already has a letter written up on this and hopes to have it by the next meeting. Ernie stated we are also waiting on a letter from the TIF group on providing input on their perspective. Ernie Evans asked for a report from on the BOA actions. Pia Jarman stated at the April 28th BOA meeting there were three recommendations we forwarded. All of the requests were apprl~ved: i.e. the special exception request for Daniel Kilcrease for the patio, David Morrisson to build a shed and James Todd for a gazebo. . #17 GENERAL DISCUSSION: Tr:rny Mc,renr:r: Tony Moreno stated he had no comments. Keith Van Dine: Keith Van Dine asked Steve on the SUP for the recovery plant what all are they going to be bringing into this business. Steve stated paper, plastic, aluminum and card board. This is a contract with RAFB. After this was discussed Keith stated he was thinking about the recovery plant on East Houston St. and how the business is in a shambles. Steve stated RAFB is putting alot of restrictions onto this company as this is a Federal eontract. There will be a letter sent explaining to this company that if the SUP is approved they will have to submit a proper site plan for this property and this will have to be platted from the other acreage. The site plan they provided did not have to go into detail as this was only for the use of getting a SUP. As it is stated in the minutes what they are going to due and what is cr:rming in. They will be bringing it in bagging it and shipping it out. It was also stated this evening in the minutes that if there is any over flow residue it will be taken to Tesman Landfill. . Gary Wallace: . . . . C' i E\._ J 2.1'- man: e e Pia Jarman stated she had no comments. t1el.:....J i n Will man: '"lh i c h ~""e an e>~tr2, Merwin Steve Merwin Willman asked Steve the house at 600 Aero approved to add to the frontage did this also include large double curb cut. Steve stated he doesn't remember. Willman also stated Scott Felder is still putting up signs. stated he has been taken to court. David r;;:ichmQnd: David Richmond stated he had no comments. Councilman Ken Greenwald: Councilman Ken Greenwald stated TNRee has regulations. The cost has gone up quite a bit $6500.00. septic tank $1'300.00 to new fOrm eouncilman Ken Greenwald stated the GRWA met last night on information for water. The one thing that will effect us will be the Edwards new charges that will be about $1.00 - $1.80 increase to an average homeowners bill. The days of cheap water are long gone. GRWA is looking at increasing the pumping from 2 million a day to 8 million a day but this is river water. The water costs are gQing up with the current costs being a week ago from GBRA 1,000 aCre feet $53. Plus change the first of the month it went to $61.00 and in three yeas it will be $69.00. This is cheap. eorpus Christi is paying $450.00 per acre. eouncilman Ken Greenwald reminded everyone of the joint town hall meeting tomorrow evening at the 7:00 p.m. at the Library. St eve Simon sCln : Steve Simonson stated there has been a request from the Frensenhan Centre property that we take a look at a 60' road easement that they would like to put across their property of the remaing 15 acres from FM 3009 to Maske Road. This would be in the middle of the property. There is nothing built in between them. They are not proposing to build this today but if it is excepted they would like to come forward with the plans. Steve Simonson stated he had received a letter from the Texas Parks and Wildlife Department stating Destiny Homes is great and conserve land and wild life. Steve Simonson stated Mr. Sweatt, Mark Marquez and Steve had a meeting with the Barshop people to discuss how to develop the rest of the property that they own on IH 35. They have asked the eity what we would like. They have come in with a plan as we asked fOr a Home Depot on IH 35 frontage, along FM 3009 on the treed area we would like good sit down restaurants. Steve had a plan for the eommission to review. There is a concept on how they would like to develop the rest of the seventeen acres behind Bill Miller's. Ernie Evan.s: ~lr;i:'-~va::.t2\ted tomorrow the data butlnot the glraphs will be presented with an overhead at the Town Hall meeting. Ernie reminded everyone of the joint meeting with the City Council tomorrow evening. Everyc.ne has received a copy of the data which . thanks to Steve he has provided. Ernie Evans stated the next P & Z meeting will be held on May 27th and also a Comp Plan meeting on May 20th. Special Presentation: At this time~ having finished the announcements~ Ernie Evans request Pia Jarman to step forward and stand with him for a presentation. Ernie stated there is a $2,000.00 reward fOr Denise who has taken a job with Live Oak; and also some handcuffs to keep her at her desk. She will only be allowed restroom breaks. We don't want her to leave! On behalf of the eommission, Ernie Evans presented Denise with a plaque inscribed "To Denise Granger, Secretary, December 1994 - May 1997. For outstanding service and dedication. Presented by the eity of Schertz Planning & Zoning Commission." Ernie Evans stated "withc.ut Denise we would not have been on time or have had anything else done in such a timely manner." Ernie Evans stated he has appreciated everything Denise has done and wished her good luck. He than turned the floor over to Pia Jarman, who as former chair had a longer working association with Denise. Pia said that when whe was persuaded to take the chair in 1994, she did so relying on the fact that she would have Norma Althouse to lead her by the hand. This was not to be as Norma went to another position immediately. So she and Denise had to learn a lot quickly~ work hard and efficiently, as well as her powers of initiative and innovation the eommission's S.O.P. (Standard operational prc,,:edure) has been impr.::rved and streamlined. "I could not have made it through my term as chair person, without Denise's constant support and her willingness to work at all times. Thank you fOr everything, Denise. "She presented Denise with a silver 8" X 10" picture frame as a personal memento from the eommissioners. Denise thanked everyone for everything they had done and .Iit has been a wonderful experienl:e wClrking with YC1Ll all," she c':lncluded. . #18 ADJOURNMENT: Keith Van Dine moved to adjourn the meeting. Gary Wallace seconded the motion which carried with a unanimous vote. ehairman Ernie Evans adjourned the meeting at 9:00 p.m. The next regularly scheduled meeting is May 27, 1997 at 7:00 p.m. . ehairman,Planning and Zoning Commission ~ ^T"'~C'" TO Planning Secretary eity of Schertz, Texas e e . . .