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07-25-1989 l F-:'LE~ . PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, July 25, 1989 at 7:00 P.M. in the Municipal Complex Conference Room. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN KEITH VAN DINE, SECRETARY MERWIN WILLMAN BOB ANDREWS GEORGE VICK JIM SHRIVER KEN GREENWALD, COUNCILMAN GLENN HOFFPAUIR, VINTAGE CUSTOM HOMES DON DECKER, COSMIC FUTURES, I~C.. CITY STAFF JOE POTEMPA, VICE-CHAIRMAN STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SEC'Y. MEMBERS ABSENT #1 CALL TO ORDER Chairman Brisgill called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: A. Regular Session June 27, 1989 B. Regular Session July 11, 1987 A. Regular Session June 27, 1989 Bob Andrews made a motion to approve the minutes for the Regular Session June 27, 1989. Merwin Willman seconded the motion and the vote was as follows: AYES: T. Brisgill, K. Van Dine, M. Willman, B. Andrews, G. Vick NAYS: None ABSTENTIONS: J. Shriver Motion carried. B. Regular Session July 11, 1989 Merwin Wi llman made a motion Regular Session July 11, 1989. and the vote was as follows: to approve the minutes for the Bob Andrews seconded the motion AYES: T. Brisgill, K. Van Dine, M. Willman, B. Andrews, G. Vick NAYS: None ABSTENTIONS: J. Shriver Motion carried. :: '3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. 14 CONSIDER AND TAKE APPROPRIATE ACTION: Vintage Custom Homes Request for Final Approval of the Vacate and Replat of Lots 18 and 19, Block 7 to Lot 20, Block 7, Savannah Square Subdivision, Unit 1 (PC #148-89) Glenn Hoffpauir was at the meeting to represent this request. Chairman Brisgill asked for Staff input. Steve Simonson informed the Commission there are still three items requiring action: (1) the electrical pad still needs to be moved, (2) the signature of the owners is required, and (3)- the replat and filing fees need to be paid. ~~ Glenn Hoffpauir spoke regarding the electrical pad and told the Commission the actual transformer is located in the 12' easement, not on a lot, ~pd the only easement being vacated is a 5' electrical easeme-nt. Mr. Hoffpauir pointed out that the 6' x 6' area on the plat \vhich looks 1 ike a pad is really just an easement which GVEC will not vacate because they may need it in the future for transformers. Mr. Hoffpauir further stated the way the property is platted, the 12' electrical easement (on the left hand side of the property) is not located on lots 18, 19 or 20. Bob Andrews asked to see the original plat. After Steve Simonson got the original plat from the files and the Commission studied it and discussed easements, the requirement for moving the transformer was withdrawn. Bob Andrews then asked if Glenn Hoffpauir had been informed about the replat and filing fees. Mr. Hoffpauir replied he is prepared to pay the fees tonight. Bob Andrews made a motion to approve the final plat from Vintage Custom Homes for the vacate and replat of Lots 18 and 19, Block 7 to Lot 20, Block 7, Savannah Square Subdivision, Unit 1 (PC #148- 89) contingent upon filing fees being paid and mylars being signed by the owners. Merwin Willman seconded the motion and the vobe was unanimous in favor. Motion carried. '5 CONSIDER AND MAKE RECOMMENDATION: Don Decker - Request for Discussion on Proposal to Replat Schertz Modular Park to Pamela Subdivision Don Decker was at the meeting to represent this request. Chairman Brisgill asked for Staff input. I l___ -2- steve Simonson noted that since the joint meeting at which Mr. Decker made his presentation, he and City Manager, Kerry Sweatt, have been discussing the project and have kept Mr. Decker informed on the results of their discussions. Mr. Simonson advised that City Council would still like input from Planning and Zoning on this proposed project. Don Decker had written a letter, a copy of which the Co~mission received in their packages, outlining thirteen items about the proposed subdivision he would like to have approved by City Council. Mr. Decker is asking for Planning and Zoning's recommendatIon of approval on these items. ." Chairman Brisgill commented he still has a lot of questions and Merwin Willman remarked that without an overall Master Plan showing easements, etc. he can't make a fair evaluation. Don Decker passed around to the Commission the site plan of an individual lot. Steve Simonson reminded the Commission these are all conceptual ideas being presented by Don Decker. We will be dealing with a lot of exceptions. The land is vacant and being used for nothing right now. The question is - do we think any of these ideas will work? Chairman Brisgill suggested the Commission follow the format of Don Decker's letter and discuss the items in their numerical order. They are as follows: t1. Accept the dedication of a 30' R.O.W. for public use, and maintenance by the "~:-city of Schertz, extending from FM 78 to the edge of Pamela Subdivision (to be platted). This 30' wide strip is presently marked as a safety lane and utility easement on the recorded plat of the Schertz Modular Park. #2. Acceptance by the city of Schertz of two 10' wide easements to be granted the City for installation and/or maintenance of utilities. One of these 10' easements to be on each side of the aforementioned 30' wide R.O.W. for the full length of said R.O.W. These easements will contain wording to the effect (to be approved by the City Attorney) that. any mobile homes presentl.y incurring onto this 10' easement wi11 -not be in violation of any City of Schertz Ordinance, but should that mobile home incurring in this easement be removed, then another mobile home being installed on that site shall abide by the 10' setback. Perhaps the acceptance of this easement by the City of Schertz should be accompanied by a variance allowing mobile homes to be located 10' from the back of the curb on this particular street for a distance of feet from the centerline of FM 78. -3- The consensus of the Commission on Items #1 and #2 was acceptance of the 30' R.O.W. and 10' easements, but they would recommend a 25' building setback from the road. #3. Accept the dedication for public use, and maintenance by the City of Schertz, all the presently installed sanitary sewer mains in the Schertz Modular Park after those sewer mains have been repaired and cleaned (if necessary) to the satisfaction of the City of Schertz and it's City Engineer. 14. Accept the dedication for public use, and maintenance by the City of '.Schertz, of the ~wo presently iristalled~ sanitary sewer 1 ift stations in the Schertz Modular Park. after those 1 ift stations have been repaired to the satisfaction. of the City of Schertz and it's City Engineer. #5. Accept the dedication for public use, and maintenance by the City of Schertz, of all the presently i.nstalled water mains in the Schertz Modular Park after those water mains have been repaired (if necessary), pressure tested and chlorinated to the satisfaction of the City of Schertz and it's City Engineer. The consensus of the Commission on Items #3, #4 and #5 was acceptance if approved by City Staff. 16. Accept a 12' wide easement on the .rear of all lots in the Pamela Subdivision for the installation and maintenance of sanitary sewer mains and water mains. The consensus of the Commission on Item #6 was acceptance, but they would recommend it be stated a "minimum" 12' easement. 17. Accept an easement (width to be determined by the City of Schertz) for the installation and maintenance of a 12" water main presently installed and/or to be installed when the location of the presently installed water main in the Schertz Modular Park has been determined, and when the City Engineer has determined where an extension of this 12" main is to be located. The consensus of the Commission on Item #7 was acceptance if approved by City Staff. 18. Accept the dedication for public use, and maintenance by the City of Schertz, of all 28 · wide streets and 3 · wide publ ic sidewalks presently installed in the Schertz Modular Park which will be included in the Pamela Subdivision when platted. Some of the presently installed sidewalks are below the curb level. Cosmic Futures, Inc. will guarantee the City of Schertz that each built upon lot will have a 3' wide public sidewalk (at curb height). Sidewalks not installed upon any not built upon lot, at the end of seven (7) years after platting of Pamela Subdivision, shall be installed by the developer at his cost. -4- . I ! The consensus of the Commission on Item #8 was acceptance if parking is allowed only on one side of the street. '9. Accept all of the land presently platted as Schertz Modular Park and not replatted as Pamela Subdivision as park lands at no cost to the City and with no strings attached thereto. The consensus of the Commission on Item #9 was acceptance if the property is replatted with a site plan clearly delineating the areas to be dedicated to the City as park land. #10. The City of Schertz will agree to allow Cosmic Futures, Inc. full credit for any monies paid the City of Schertz (by the former owners of Schertz Modular Park) for ~anitary sewer connection fees, water connection fees, and water meter changes. These credits to be used for the same purpose for which they were originally paid the City. Cosmic Futures, Inc. to designate the lots to which these monies will be credited. The consensus of the Commission on Item #10 was agreement if approved by Staff. t11. The City of Schertz Planning and Zoning Commission will recommend to the City Council, and the City Council shall approve, the following items for Pamela Subdivision: ~. . a. Minimum frontage width Minimum depth (other than rounded corner lots) Minimum square feet Minimum front setback from R.O.W. Minimum interior side panel Minimum setback - corner lots - any street from R.O.W. Accept the platting of all lots where the footprint of the home (to be erected) sha~l be at or above the One Hundred (100) Year flood plain as designated by the Corps of Army Engineers 70'-0" 77'-on 5,390 20'-0" 5'-0" 20'-0" b. c. d. e. f. g. The consensus of the Commission on Item #10 was they could make no recommendations on items a. through g. until a site plan of the entire proposed project is made available for their study and consideration. #12. Accept an agreement (not a requirement of the platting of Pamela Subdivision) whereby Cosmic Futures, Inc. will purchase an additional 20' wide strip of land. along the presently existing 30' wide roadway easement which extends from the southeasterly corner of the Schertz Modular Park to Trainer-Hale Road. In the event Cosmic Futures, Inc. is unable to purchase all of this additional 20' strip of land, the City of Schertz agrees to use it's condemnation rights to secure this needed land. Cosmic Futures, Inc. will agree to place in escrow monies in a proportionate amount (as paid for the land acquired) for the City to use. in payment of the land condemned. -5- i r f Cosmic Futures, Inc. will enter into an agreement with the City. of Schertz to dedicate that part of the 50' R.O.W. acquired by Cosmic Futures, Inc. to the City of Schertz for public use and maintenance. Cosmic Futures, Inc. will cause engineering plans and specifications to be prepared for a 30' wide roadway - 6" base and a two (2) course surface treatment along with any needed drainage structure for the approval of the City Engineers. Cosmic Futures, Inc. will cause this 30' wide road to be constructed at no cost to the City of Schertz. Bob Andrews said, in his opinion, this item holds priority before any of the others can seriously be discussed. A subdivision needs an al ternative means of ingress/egress for. it r s residents in case of emergency. Mr. Andre\..rs referred to the Subdivision Ordinance, ARTICLE V, Section 32.4, Land Suitability. Keith Van Dine inquired as to whether the City gains from this or is it a liability. Councilman Greenwald replied it is both. Steve Simonson added that it is a gamble on the City's part, but it is also a gamble for Cosmic Futures, Inc. The consensus of the Commission on Item #12 was acceptance if Cosmic Futures, Inc. provides an all-weather road with drainage, no curb or gutter required. (The Commission would like Mr. Decker to continue trying to acquire the 10' easements on either side.) #13. Cosmic Futures, Inc. believes that the present Mobile Home Subdivision Ordinance allows the construction of "stick-built homes" in a mobile home subdivision and would like this matter clarified by the Planning and Zoning Commission and by the Schertz City Council. The consensus of the Commission on Item #13 was that this matter should be referred to the legal department for clarification. Jim Shriver asked Don Decker how many lots are on the property and when he estimates completion. Mr. Decker replied there are, at the most, 164 lots and he estimates completion within 60 days after approval. A recommendation, with all the Commission's suggestions, will be sent to City Council. Before the General Discussion part of the meeting began, Chairman Brisgill showed the slides he and Steve Simonson had taken of different sections of the City. Mr. Brisgill is using slides as part of his presentation at the APA Conference in October. Mr. Brisgill told the Commission he will keep them updated on his progress. -6- -= '6 GENERAL DISCUSSION Jim Shriver: (a) Reported that the Citizens' Leadership Panel has completed it's work and he should have a final report for the Commission at their next meeting. (b) Noticed among Mary Marsh's papers a letter deadl ines for updating the City P Ian and noticed some deadl ines are al ready past. (Steve Simonson commented merely a guideline, there is no particular date when the of the City Plan has to be completed.) outlining of those that was updating (c) Needs copies of the Sign Ordinances from other cities which the rest of the Commission received at the last meeting. (d) Has anyone prepared a letter and diagram for Winn' sand Pacific Southwest Bank outlining what the Commission would like for them to do at their entrances off Schertz Parkway? Chairman Brisgill said he would prepare a letter and diagram if the Commission agreed. They did. ~ Jim Shriver then asked if it would be the City that would paint arrows on the driveways. steve Simonson remarked that after a while the arrows disappear and then who is responsible for repainting them - that is a problem on private property. Councilman Greenwald suggested that perhaps the City could contract with someone, on a one-time basis, to paint the arrows. Chairman Brisgill suggested letting steve Simonson talk with the City Manager about contracting someone before a letter is written to the property owners involved. Keith Van Dine: The proposed establishment of new TDC units across the state is becoming very interesting. There has been somewhat of an about face in public opinion. Where many citizens previously"did not want anything to do with having a TDC facility in their immediate area, some have now changed their minds, after seeing the estimated income per month which could be generated by a TDC facility, and are actually in competition to get one. There was a brief discussion on ~ossible locations in the:City of Schertz for a TDC facility. Mr. Van Dine said he would bring in the information he has on the subject. Bob Andrews: Remarked on the letter from Robert McLaren of Garden Ridge Quality Closeouts to every business in Schertz asking them to participate in the revision of the Sign Ordinance. Mr. Andrews -7- suggested Robert McLaren be invited to the Planning and Zoning meeting at which the Sign Ordinance will be discusaed. Steve Simonson: (a) The copies of the three (3) recommended changes to the Zoning i Ordinance (copies attached) regarding non-conforming uses, public notice and procedures for amendment, and adult-oriented businesses were sent forward to City Council. Hr. Simonson indicated, due to possible problems and a probable lawsuit, he would like to delete Item g. on Page 6 of the recommended change to public notice and procedures for amendment. Item g. reads as follows: "In the event the development has not started within twelve month~, the petitioner for rezoning will be notified in writing that the land will revert to it's original zoning wi thin thirty (30) days. Extension may be granted for legitimate delays." t-1r. Simonson pointed out that when the Commission recommends approval of a zoning change, they are agreeing to the best use of the land and he thinks that decision should stand. Mr. Simonson commented that approval of a Specific Use Permit does entail certain time limitations, but he doesn't think that should hold true for a zoning change. After a brief discussion, the Commission agreed to delete Item g. (b) Regarding adult-oriented businesses, work is presently being done on a licensing procedure which will be included in the Code of Ordinances. Mr. Simonson passed around samples of similar ordinances used in Guadalupe and Bexar Counties. George Vick asked if J's on Main Street wouldn't be considered an adult-oriented business since they sell videos, etc. Steve Simonson reminded Mr. Vickit has to be the primary function of the business which is not true in the case of J's. (c) There's a possibility IH-35 may go to instead of next year. contract this year Councilman Greenwald: City Council reviewed the recommended changes .to the Zoning Ordinance and they will go to public hearing on August 15th. Chairman Brisqill: (a) Any new information from the Census Bureau? Steve Simonson reported there was no acknowledgement from them of the signed form and letter we sent from the Mayor offering the City's support and cooperation. Mr. Simonson said he is expecting a map from them in the last part of 1989 showing where they believe the city limits of Schertz to be. Mr. Simonson further stated the only thing the City can do is promote the -8- Census and encourage cooperation from the citizens so there can be an accurate count. Bob Andrews commented that the Census people are .al ready out there checking on locations. (b) Asked Keith Van Dine if the residents of the Schirmervi II e area ever decided on a road name change for a section of Binz- Englemann Road. Mr. Vag Pine replied no they did not. Chairman Brisgill asked that this item be pl~ced on the next agenda for discussion. (c) Inquired if Tiger Tote 1S gOlng 10 where the Lone Star used to be on Jack Hays Blvd. Steve Simonson said he has had several inquiries about the property but was not positfve about Tiger Tote locating there. (d) Welcomed Jim Shriver as a new member of the Commission. #7 ADJOURNMENT Chairman Brisgill adjourned the meeting at 9:45 P.M. The next regular meeting is scheduled for August 8, 1989. A joint public hearing is scheduled for August 15, 1989. -9-