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07-09-1996 . . . e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a Public Hearing on Tuesday, July 9, 1996 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF PIA JARMAN, CHAIRWOMAN DAVID RICHMOND, VICE-CHAIRMAN MERWIN WILLMAN, SECRETARY TONY MORENO ERNIE EVANS KEITH VAN DINE KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT GARY WALLACE (VACATION) Cliff Johnson, Rt. 1, Box 226 Tom Bolin, Don McCrary McCrary & Associates Jeffery Crouch, 410 Aero Ave. Bob Wall, P.O Box 296 11 CALL TO ORDER Chairwoman Pia Jarman called the Public Hearing to order at 7:00 p.m.. Pia Jarman explained the procedures to be followed at the public hearing and thanked everyone for their concerned interest. The City Council public hearing will be held July 16, 1996. 12 PUBLIC HEARING: To Receive Citizen Input on a Request from Cliff Johnson, to rezone approximately 30 acres on FM 1518 from RA (Residential/ Agriculture) to MH (Mobile Home Dwelling District) . (ZC #134-96) Steve Simonson stated that in accordance with the ordinance for a public hearing on a request for a zoning change, all property owners within the 200 foot radius were notified. There were nine (9) letters sent; four (4) returned with the four (4) opposed. The letter returned from Rast Iron Works expressed concern about the noise the company would be making and the resultant complaints it would have to deal with from the residents; one letter opposed gave no reason; one letter was opposed due to there being no sewer system; and one gentleman questioned why there is a request for rezoning with a "for sale" sign on the property. He also asked about the architectural and environmental statements for this area. . . . e e The answer is we are not at that point yet. He had gotten hold of earlier measurements on the property with the acreage right but the measurements wrong. This has been corrected with the Commission having received the corrected copies. Other points made by him were: why the west side of the road and not the east side? And will this increase property taxes for the other residents in the area? Will it be a traffic problem? And will the public school taxes increase? Steve Simonson's replies to the above questions were: the rezoning refers to the west side because that is the side owned by Mr. Johnson; property taxes for other residents should not be affected; it should cause no traffic problem, nor should it affect the the school taxes. In summation, Steve stated these are the only comments that were received. There were five (5) people that did not choose to return any comments. The Chairwoman reiterated that a total of nine (9) owners were contacted with four (4) being opposed and five (5) not returning any replies. Steve Simonson stated that was correct. The only two (2) that gave any reason for opposing was Rast Iron Works: because if it became a residential area the residents would complain about the noise and the one about the lack of sewer system. Keith Van Dine a resident of the area advised that this business is usually working only during daytime hours. There are times when they work in the evenings or weekends but this is very seldom. Ernie Evans asked if the description of the property on the front and back metes and bounds were correct? Steve Simonson stated that the original map was wrong but it had been corrected. Merwin Willman entrances/exits 1518. stated his concern is where there will be two on the property. Are they both going to be on FM Pia Jarman stated with the frontage on FM 1518 being 362' Mr. Johnson had mentioned possibly having safety lanes on the back of the property. Steve Simonson stated this is true, with a single entrance onto FM 1518. The safety lanes would be on the outer perimeters of the property. The main road would come up the middle to a cul-de-sac with access along the back to safety lanes for emergency access front and back. This will have to be worked out. Steve Simonson advised that the Fire Department has reviewed the plat. Their only concern is that there has to be the proper number of fire hydrants put in. Mr. Johnson has stated he will be working on this area. When the platting is brought in, it will be discussed in detail. 13 ADJOURNMENT OF PUBLIC HEARING: There being no new information, Chairwoman Pia Jarman Public Hearing at 7:15 p.m. Prior to adjournment looking at the sign-in sheet stated that there were present for the public hearing. adjourned the Pia Jarman, no citizens -2- . . . e - The Schertz Planning and Zoning Commission convened in a regular session, after the Public Hearing, in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. The agenda was as follows: 14 CALL TO ORDER: Chairwoman Pia Jarman called the July 9, 1996 regular meeting to order at 7:16 p.m. 15 APPROVAL OF MINUTES: Regular Session June 25, 1996. David Richmond stated on pages 7 and 8 Jim Bethke needs to be changed to Jerry Bethke. Merwin Willman moved to approve the June 25, 1996 Regular Session minutes as corrected. Ernie Evans seconded the motion which carried with a unanimous vote. 16 STATUS OF FINAL PLATS: Pia Jarman stated Ashley Place Unit 2 replat was signed. Steve Simonson stated this was a replat on certain lots due to scrivener errors. 17 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. 18 CONSIDER AND MAKE RECOMMENDATION: Request from Cliff Johnson to rezone approximately 30 acres on FM 1518 from RA (Residential/Agriculture) to MH (Mobile Home Dwelling District). (ZC #134-96) Keith Van Dine questioned if there should be a time limit put in the motion for construction to begin. Steve Simonson stated in the old ordinance it is not stated, but in the new UDC there is a time limit. There would have to be a contingency in the motion to that effect. At this time Mr. Wall, representing Mr. and Mrs. Lu, arrived at the meeting. He expressed surprise on finding out that he had missed the public hearing and disappointment at not being able to have any input. Pia Jarman explained that because there were no citizens present for the public hearing, it had been a very short one. She also explained that according to procedure, no comments from citizens are received after the hearings are closed officially. Mr. Wall was informed that he could still have an input at the public hearing conducted by City Council on Tuesday, July 16, 1996 at 7:00 p.m. in the Council Chambers. Steve Simonson indicated by pointing that the Council Chambers are "across the hall". -3- . . . e e Keith Van Dine moved to forward to city Council the request submitted by Cliff Johnson to rezone approximately 30 acres on FM 1518 from RA (residential/Agriculture) to MH (Mobile Home Dwelling District) with recommendation for approval from Planning and Zoning. Such approval given with the proviso that platting be submitted within six (6) months after the rezoning is adopted and construction to begin within one (1) year of such official rezoning. Tony Moreno seconded the motion which carried with a unanimous vote. #9 CONSIDER AND TAKE APPROPRIATE ACTION: Request from McCrary, McCrary & Associates final of Intermediate School #1. (PC #255-96) Don plat Steve Simonson stated this is the final plat with all the signatures that are required on the plat, easements, property ROW and flood plain dates all corrected. Merwin Willman something that water easement. stated this being the final plat it is showing was not on the preliminary plat. There is a 16' Steve Simonson stated this is a water easement for the waterline that crosses the property for fire lines. This is where the waterline ties into the ROW. This ties into the City's utility system. Tom Bolin stated the reason for this is to have the fire hydrants closer to the school for safety reasons. Steve Simonson stated across the street is Carolina Crossing which is a gated community so the fire hydrants will be closed in. This brings the fire hydrants closer to the school building. Ernie Evans asked about the plans for Inglewood. Tom Bolin stated this will be a full width 30' curb to curb 50' ROW street with public access. Merwin Willman moved to approve the final plat submitted by Don McCrary, McCrary & Associates for the Intermediate School #1. Keith Van Dine seconded the motion which carried with a unanimous vote. #10 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Jeffrey Crouch, 410 Aero Ave. for Special Exception to the Zoning Ordinance for front yard setback. (BOA #75-96) Simonson stated the variance will be 4' 6" into the required With the plans showing the front yard setback as 27' 6" he like to extend his porch 7'. The porch is not quite so far is the porch roof that will be encroaching, 4'6". Steve 25' . would out, it Jeffrey Crouch asked why was the distance originally set up so no one can build into this region? -4- e e . Steve Simonson stated the original building setback line was to keep homes from encroaching farther and farther closer to the street; for safety reasons; line of sight, and streetscape. Merwin Willman moved to forward to the BOA for its consideration the request submitted by Jeffrey Crouch, 410 Aero Ave. for Special Exception to the Zoning Ordinance for front yard setback. Ernie Evans seconded the motion which carried with a unanimous vote. .11 CONSIDER AND DISCUSS: UDC Steve Simonson stated there were some changes made, with the biggest changes being made in the sign ordinance. He asked the Commission to please read the sign ordinance very carefully as there is a lot of rewording. This will not change what has been set up as far as statistics, size of signs etc. The changes were on how we control for example "abandoned signs" with much more specific wording. Most all references to political signs have been taken out, leaving only four references which are minor. A lot of the rewriting was geared to making this document a much more defendable section in our ordinance than what has been in the past. Many-. ...of the front areas were also changed. Most of it was making the wording stronger, more precise and clearer. If there is any specific area in question let Steve know and he will explain what was changed. . Steve Simonson stated this is a document that has been reworded but it does not change in essence what the Commission submitted in the first document. The intent has not been changed. Steve Simonson stated he would like to publicly commend Denise before the Commission. Between doing the UDC, getting out packets, and other various duties she has done a great job. David Richmond stated there will always be an exception, however, since we have an example that we may be confronted with ten years from now, how will the new UDC deal with Woody's sign. Is there any recourse as long as that owner owns the sign and continues to advertise for Woody's. Ernie Evans stated on page 95 in the new UDC it is covered. After some discussion the Commission decided to schedule public hearings for the Unified Development Code (UDC). Merwin Willman moved to establish August 13, hearings on the UDC. Keith Van Dine seconded carried with a unanimous vote. 1996 for public the motion, which tl2 CONSIDER AND DISCUSS: Report on Comprehensive Plan . Pia Jarman stated that there had been two meetings. By having done so much excellent work already Ernie Evans has assumed the job of project officer. From Pia's viewpoint, this project is exciting -5- . . . e e because it involves some real planning for the future. Although it may not all happen, it is the opportunity for a Planning and Zoning wish list, as it were, of things that we would like to see the city have, such as green belts, parks etc. Having a map of the City reflecting the Commission's thinking on what is to be where, would take the Commission from having to react to development and other proposals. Steve Simonson described the technicalities of the "how to". At the next meeting there will be maps of the City with an overhead projector with various colored markers. Changes and corrections will be made. Each person working on the plan will have the same map. Once we all agree, then we can color our own maps. Everything will be agreed to as an overall starting point. This will be a general development map. Merwin Willman commented that there should be a plan before the maps are looked at and marked. Such a plan should state where we are going and how to get there. Pia Jarman said Steve brought up the map issue because that is what the Committee had agreed on and requested Steve to do. Ernie Evans stated there has to be a plan. There are issues that need to be considered beyond where we are today. There are issues that have to go into the comprehensive plan. Once we design areas of the City with what we think the general land use will be for the future, we have to be able to support it. There is a lot of research and exploratory things that have to be done to figure out if we can support such a comprehensive plan. These items need to be identified as these will be the things that will dictate what we do. The outline is to help us see what our future growth. 113 GENERAL DISCUSSION: Tony Moreno: Tony Moreno stated that the way in which we are going to come up with the comprehensive plan is about the way a lot of the special schools pick up on the research that they use. We have picked all of the points they use and whichever way we go, as long as we keep focused, we should come up with something good. Keith Van Dine: Keith Van Dine stated he had no comments. Ernie Evans: Ernie Evans noted they are now clearing for Carolina Crossing and Savannah Drive now has utilities. Merwin Willman: -6- . . . e e Merwin Willman stated a few years ago Randolph personnel had mentioned that they would supply us with a large map of the ACUIZ area for our wall. As far as Merwin is aware of they never have. Is there any way we can ask them for this map to see if they would give us one. Steve Simonson stated they never did give us a map. mentioned that Randolph's maps are wrong and he would like own City Engineers to do any overlay of our City with the Their maps show what our City was like in 1965. Steve for our ACUIZ. Merwin Willman commented at the last meeting we tabled the request for a SUP on the school site for Greenshire. Has there been any more information? Steve Simonson stated there has been no new information. Merwin Willman stated that at the last meeting Ernie Evans had questioned the propriety of variances being a part of a rezoning action. That the variance portion should perhaps go to the BOA after the rezoning. To clarify this issue, Merwin, having researched the matter, referred to Texas State Law, which states that,. ..the primary function of the BOA is to deal administratively with individual and neighborhood decision on a tract by tract basis. The BOA can authorize variances to soften unduly harsh impositions and restricting setbacks, etc. which may cause individual property owners unnecessary hardship. So at the time a petition is submitted to the P & Z and the submittor requests a variance along with the rezoning or the P & Z imposes certain variance conditions with the rezoning, it should be handled by P & Z. It would be almost impossible to administratively keep track of the rezoning contingencies otherwise. Ernie Evans asked if we are annotating the variances on the plat, do we have a formal record and will it be enforceable? The answer is yes. David Richmond: David Richmond stated he appreciated the note from Steve on HEB and he looks forward to a new site plan. Steve Simonson stated the construction plans have already been submitted to our inspection department. The site plan should be available for our next meeting. There are going to be some unique things. The one thing that stuck out was there are several covered walkways coming in from the parking lot to the store, they will have their own HEB pumps for gas. They have upped the size again and they also have increased the expansion size. There is over 40,000 square feet of attached retail. Pia Jarman: Pia Jarman mentioned that at the entrance of Berry Creek it looks as if they have cleared away a lot of the greenbelt which was to be -7- . . . . e left alone. Steve Simonson stated they have only scrubbed it. They scrape it. It will grow back. He has informed them to area grow back. did let not the Ernie Evans commented that there also was a tree over down out there. Ernie mentioned he did not see originally in the pathway that they cut through for the tree was back on the hill not up front by the driveway. 24" this road. taken tree The Councilman Ken Greenwald: Councilman Ken Greenwald stated he attended the CRWA last evening. The Supreme Court has made a decision on the Edwards Underground Aquifer Authority, which is official as of the 28th of June. Mr. Doug Miller is the Guadalupe and Comal County representative. There will be an election in November and we are trying to get information on how the seating is taking place. Water is going to get tight. With x number of acreage of water after that there is no more. Mr. Miller stated once everyone's pumping averaging comes -in, if there is not enough water for everyone, everyone will have to be cut. It is going to get extremely tight. We don't have a time frame in as yet. Councilman Ken Greenwald stated Bexar Metro Water District is still working on getting their funding for a water on a 33" line from Lake Dunlap to the City. This is long range construction. The other problem is that the plant is already making two million gallons a day. They are talking about where and how on expansion. Councilman Ken Greenwald stated he was asked to pass along to the P & Z by the Council that when the P & Z is doing requests for rezoning etc. the Council is concerned that the P & Z is giving up commercial land for residential use. In some areas there is the 200' to 250' frontage being left for commercial use i.e. IH 35 and FM 3009. The rest behind it, if it should be residential, make it residential. There still is a lot of area left for business and industrial. Pia Jarman asked if the City Council is not happy with P recommendations and wants the areas zoned business district alone. & z left Councilman Ken Greenwald stated "all they are asking is that the P & Z look at a rezoning request when it comes in and ask if you really feel it should be residential versus business zoning". Ken Greenwald commented he has no problems as he knows for a fact that the P & Z does take these considerations into account already. Steve Simonson: Steve Simonson stated he had no other comments. -8- . . . . .14 ADJOURNMENT: e Keith Van Dine moved to adjourn the meeting. David Richmond seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 9:00 p.m. The next regularly scheduled meeting is July 23" 1996 at 7:00 p.m. ATTEST: ~ ,~\ i \. 1" ,,) ,~' i"-l' ..,') , , ,-,,\,,',,\ t., ~\V'.. '\ \ l' \j Planning See' etary City of Schertz, Texas an, Planning and Zoning Commission Schertz, Texas -9-