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05-09-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, May 9, 1995 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, CHAIRMAN STEVE SIMONSON, DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY DENISE GRANGER, TONY MORENO PLANNING SECRETARY KEITH VAN DINE ERNIE EVANS KEN GREENWALD, COUNCILMAN MEMBERS ABSENT OTHERS PRESENT BOB ANDREWS (Medical) Herbert Butler Lee Bennett Darwin Peek Sam Bledsoe, MBC Don McCrary, McCrary & Associates Carl Bain, BMB Charles Gibb, 1033 Midwell Walter Vestal #1 CALL TO ORDER Chairman Pia Jarman called the meeting to order at 7:00 p.m. Mrs. Jarman explained the procedures to be followed at the public hearing, and thanked the citizens for coming to show their concerned interest. The City Council public hearing on this item will be held May 16, 1995. Due to the number of citizens in attendance the Public Hearing was held in the Municipal Complex conference room. #2 PUBLIC HEARING: To Receive Citizen Input on a Request by (the City) for the Rezoning of 14.47 Acres on East Live Oak Road from R-4 (Apartment/Multi-Family Dwelling District) to R-2 (Single-Family Dwelling District) (ZC #120) Chairman Jarman asked for Staff input. Steve Simonson stated the rezoning request was initiated by the Schertz Planning and Zoning Commission per agreement with Hutchins, Inc., which hoped to use the property as a cottage multi-family senior citizen complex. The agreement with Hutchins, Inc. at the time was if they did not get the money and build within six (6) months the Commission could and would rezone the property back to R-2 (Single-Family Dwelling District) and NS (Neighborhood Services). The rezoning will be R-2 (Single-Family Dwelling District) due to the area surrounding the property being residential. Steve Simonson advised that nine (9) letters were sent, with two (2) letters returned in favor of the rezoning. Pia Jarman commented that there were four (4) citizens in attendance for the public hearing. If there were any questions please state name and address at this time before comments. There being no questions or discussion, the Public Hearing on the rezoning for East Live Oak Road was closed. #3 ADJOURNMENT OF PUBLIC HEARING: Chairman Pia Jarman adjourned the Public Hearing at 7:03 p.m. 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. ~4 CALL TO ORDER: Chairman Pia Jarman called the meeting to order at 7:05 p.m. ~5 APPROVAL OF MINUTES: Public Hearing and Regular Session for April 25, 1995. Merwin Willman moved to approve the April 25, 1995 Public Hearing and Regular Session Minutes. Keith Van Dine seconded the motion, which carried with a unanimous vote. ~6 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. #7 CONSIDER AND MAKE RECOMMENDATION: Request by (the City} for the Rezoning of 14.57 Acres on East Live Oak Road from R-4 (Apartment/Multi-Family Dwelling District) to R-2 (Single-Family Dwelling District) (ZC #120) Merwin Willman moved to recommend approval to City Council with the reasons stated by Mr. Simonson for the rezoning. Keith Van Dine seconded the motion which carried with a unanimous vote. -2- #8 CONSIDER AND MAKE RECOMMENDATION: Request from Charles E. Gibbs II, of 1033 Midwell for a 3' Side Yard Setback Special Exception Allowing Him to Build An Addition on to His House. (BOA #62) Steve Simonson advised the plan shows where the addition is to be. The information presented is that there is no electrical in the easement, the distance between the neighbor's house and the new addition still exceeds the minimum requirement of 15' between homes. There will still be 5' between his house and the fence. This being well within his rights. Pia Jarman questioned if the 16' between that addition and the neighbor's house is the closest point. Mr. Gibbs advised that is correct and he does have a written letter from the neighbor stating that he has no problem with the addition. Merwin Willman mentioned that a letter from GVEC advising that there is no electrical matter in the easement would be advisable. This will need to be available before the public hearing with the BOA. Merwin Willman moved to approve the request from Mr. Gibbs for a 3' Special Exception for a side yard setback for an addition on his house to the BOA contingent upon a letter from GVEC. Tony Moreno seconded the motion which carried with a unanimous vote. #9 CONSIDER AND MAKE RECOMMENDATION: Request From MBC to Rezone Approximately 8.9633 Acres at the Corner of FM 3009 (Greenshire Unit VI) and Woodland Oaks Drive from NS (Neighborhood Services) to PUD (Planned Unit Development) (ZC #121) Steve Simonson stated the request is to bring the property back to a full PUD. The entire Greenshire Subdivision was originally PUD. When FM 3009 was rezoned and down zoned, this rezone affected the commercial property. This is why the request is coming in to be rezoned back to PUD single family development. It will follow the original Master Plan which was approved by the Planning and Zoning Commission. Merwin Willman mentioned that this request would be a deviation to the three (3) items that must be considered for the rezoning application. Many years ago FM 3009 was going to be the GB (General Business) area for the City, but Schertz Parkway was built and many things changed for the City. This allowed Schertz Parkway to handle GB and residential, FM 3009 would be NS (Neighborhood Service) and residential, this being necessary to the changes taking place and it still would be in keeping with the Comprehensive Plan. -3- Merwin Willman moved to recommend to the City Council for public hearings the request from MBC to rezone approximately 8.9633 acres at the Corner of FM 3009 (Greenshire Unit VI) and Woodland Oaks Drive from NS (Neighborhood Service) to PUD (Planned Unit Development). Keith Van Dine seconded the motion which carried with a unanimous vote. #10 CONSIDER AND TARE APPROPRIATE ACTION: Request from BMB, Inc. Final Plat Approval for Vestal Subdivision Unit 1 (PC #223-95) Steve Simonson stated that when the plat was first submitted to the Commission there was a lot of discussion on the drainage. and flooding for this area, and the length of the road with one outlet. Please note that the street names have been changed. After considerable discussion with Mr. Vestal and the City on what Mr. Vestal would like to do with the property, he has now made an extension on the cul-de-sac at the end of his property with the required 100' radius plus at the end of the 100' radius is the stub-out for an additional drive. There is an agreement when and if that road is extended that the area would be replatted and deeded to the land owners affected by the cul-de-sac. There are two (2) requests that need to be approved for the final plat, that there is only one (1} entrance to the subdivision at this time, with this not a housing subdivision you will not have the amount of traffic a housing subdivision does. The other item is a variance to the length of the cul-de-sac with room for large vehicles to turn around. The construction plan drainage information calculations have all been approved by the City Engineers and Public Works Director. Merwin Willman asked about lot 1, block 2. Being in the 100 year flood plain it should be on the plat and it does not seem to be there. Merwin Willman mentioned he would like for clarification to specify on the plat this is in Zone A of the flood plain map. Steve Simonson commented that there is not a real defined flood plain in that area. There is a drainage easement ROW. It is a calculated distance from point A to point B with the drainage easement being shown. The way to put this on the plat would be a portion of lot 1, block 2 showing herein a special flood hazard area (Zone A) which is hereby shown as a drainage easement as defined by the panel. David Richmond moved to approve the request from BMB, Inc., for the final plat for Vestal Subdivision Unit 1 contingent with the two (2) variances; single entrance and exit, the length of the cul-de-sac, and to change the note on the plat to Zone A for the flood hazard area. Merwin Willman seconded the motion, which carried with a unanimous vote. #11 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Don McCrary and Associates, Preliminary Plat Approval for Instel Subdivision (PC #235-95) -4- Steve Simonson advised that Doerr Lane is in very bad condition and will need to be upgraded but this does not affect the platting. There is a request by the developer to rebuild 200' of Doerr Lane to be able to withstand 80,000 pound vehicles. Doerr Lane from Tri-County in front of Monotech was rebuilt and has no problem with that kind of weight. The engineer will need to clarify the ROW on Doerr Lane. The property backs up to Coronado Paint. Merwin Willman commented on Doerr Lane needing so much work he felt that with the cost that will be involved the City Council should be notified of the situation so that future businesses will be able to develop in the area. Tony Moreno questioned what the process was for the City and the builder joining in and splitting the cost for the upgrading. Steve Simonson stated there are many ways and at this present time it is under negotiation between the City and the surrounding land owners as to the cost. This road needs to be scarified torn up having relaid base, with the proper amount of density, and the proper amount of asphalt. There will be many advantages for this improvement for development in the future. Ernie Evans questioned what type of business will be in the area. Steve Simonson advised that it is a steel pre-manufacturing business light industrial. Don McCrary mentioned that this company is the second largest supplier of steel in the world. Ernie Evans moved to approve the preliminary plat for Instel Subdivision. Keith Van Dine seconded the motion, which carried with a unanimous vote. #12 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Don McCrary and Associates, Preliminary and Final Plat Approval for Lone Star Pet Supply (PC #234-95) Steve Simonson stated on the location map at the top left hand corner lot 1, which is dark and three (3) lots across the top with a blank on the right hand side. What this is showing is lot 1 of block 3 and above is lot 4, 3, 2, which is the platted land with the developer replatting lot 1, and block 3 making it lot 1, block 3 and lot 5, block 3 with a future relocation from San Antonio for Lone Star Pet Supply being a large warehouse. Don McCrary advised the reason this is a request for the preliminary and final on the same night is so that the recording and legal description information can be obtained so the final contracts can be signed to close on the property. Steve Simonson commented that the preliminary and final plat would not be brought to the Commission on the same night unless it is on an already existing straight forward platted area. -5- Tony Moreno moved to approve the preliminary and final plat for Lone Star Pet Supply. Keith Van Dine seconded the motion, which carried with a unanimous vote. X13 DISCUSSION UDC REVIEW: The Commission reviewed pages 139 section 18 - 150 section 28 with changes being made at this time. X14 GENERAL DISCUSSION: Chairman Pia Jarman: Pia Jarman mentioned that last October when she agreed to chair she knew that Steve Simonson, Bob Andrews, and Merwin Willman would guide her. David Richmond would be a great sounding board and support as would the other Commissioners. In order to encourage her Steve Simonson stated that the Commissioners would not let her make a mistake. The one thing that he did not tell her was that Norma Althouse would not be with the Commission any longer. When she found out that Denise was going to be taking over for Norma she was very pleased on a personal level because Denise and she were classmates in the Citizens Police Academy. "I was alarmed somewhat for the Commission having to have a new chairman and a new recording secretary. My fears were unfounded because Denise showed remarkable ability and willingness to learn. Not with just putting together the packets, or learning which voice goes with which. But the subject matter of Planning and Zoning. With all of the check lists, or plats that we receive, the most uniquely ours are the Minutes. The Minutes that we have been receiving lately have been outstanding and it has not been an easy matter to accomplish for Denise with all the editing. I know that she has be doing a lot of reading and studying the subject of Planning on her own time at home. At this time as chair I would like to commend Denise for her commitment to this Commission." Mrs. Jarman asked that the above be made part of the minutes. Steve Simonson commented that Denise had some big shoes to step into, "she has done so with alacrity, pride and good common sense. It is an extremely varied job she stepped into. There are many, many aspects to the job. At this time she is acting as the City Manager's Secretary as well as his and the Commission's. There are many parts to this position and she has done very well." Tony Moreno• Tony Moreno stated he had no comments. Keith Van Dine: Keith Van Dine stated he had no comments. Ernie Evans• -6- Ernie Evans stated he had no comments. Merwin Willman• Merwin Willman mentioned that he has sent five (5) letters to five (5) cities on the inflatable advertisement balloons. He has received only one (1) response so far and they agree with what the video mentioned to establish a time limit. Lubbock was the city so far that has responded. Merwin Willman commented that with the new City Council that have no knowledge of planning and zoning, the Commission will need to make sure when a recommendation is made to the council that our rationale and our reasons are in the recommendation so the Council will be aware why the Planning and Zoning Commission has made the recommendation or approval. Pia Jarman mentioned any recommendations to the BOA will need the reasoning for the recommendations from Planning and Zoning also. Steve Simonson agreed in the recommendation from Planning and Zoning to the City Council the pertinent points will need to be included. Merwin Willman commented that regarding the rezoning for Clayton Homes for the Windy Meadows extension, the citizen representing Mrs. Boggess stated at the public hearing with the City Council, she has an agreement between Clayton Homes and the property owners stipulating a private fence be built in the mobile home park. Merwin Willman stated that such stipulation was not agreed upon at the Planning and Zoning public hearing and the grandfather clause on the zoning not being changed for the property was in writing according to the Hearld News. Councilman Ken Greenwald stated that being on the Planning and Zoning Commission is a good educational tool, and the greatest training ground in the world with alot of insight. David Richmond: David Richmond commented on the proliferation of signs that are going up along Greenshire from a new builder, Plantation Homes. Japhet has at least 15 bandit signs going down Woodland Oaks Drive. It seems as if they are competing with each other with the signs to out do each other. Steve Simonson advised he will get the bandit signs taken care of. As far as the signs at the entrance they need to talk with the developer who will have to contact the builders on the control of their signs. Councilman Ken Greenwald: Councilman Ken Greenwald mentioned the newsletter in the packets -7- advising the City is in agreement again with the Underground Edwards Water District for the rebate for replacement to change to the low flow toilets. You will receive $55.00 back for each toilet replaced with the low flow. The money has been given to the City up front . Councilman Ken Greenwald asked if everyone received a copy from Mark Marquez on the Economic Development Seminar, he has not been to one in a while so he can not comment on what topics would be covered. Councilman Greenwald advised that the final reading for the rezoning on FM 1518 has been passed. There maybe some discussion on the property on Mitchell and Schertz Parkway for the rezoning because it was tabled at the Council meeting with the developer or builder not present. As far as the bids for the handicap ramps etc. the money was grant money from the community development block grant fund, not City money. The City was going to be over charged by the contractor so the bids were cancelled and the project was rebidden. Since that, there have been a couple of builders who felt they could do the project with the money that was available, so the project will go for rebidding. Councilman Greenwald thanked everyone for going out to vote this past Saturday. There was an extremely low turn out, 750 people out of the usual 1,000 - 1,200 is not a very good turn out. Councilman Greenwald stated that he and Johnny Bierschwale attended the Canyon Region Water Authority meeting last night. They are looking very seriously at doubling their plant size. They are producing at this time 2,000,000 gallons a day. According to the man who is the water monitor for Judge Bundy they are seriously thinking of running a water line down FM 78. If this happens there will be no ROW left in a sense, forcing us to take water. Good bad or indifferent once the Judge signs the order we will have no choice unless we have money to take it to court. It will not be cheap for water. This is going to affect everyone. The essence is to have more than one (1) water source with the possibility of two (2). With a 30 mile pipe line from Lake Dunlap to San Antonio it is going to very expensive to maintain. All of the costs of maintaining will have to be put into the cost of the water. Steve Simonson• Steve Simonson advised TXDOT has done a study on the noise level on IH 35 from FM 3009 to FM 337 in New Braunfels. This information is available to back up the city's policy that residences should not be permitted in that area due to the noise level. There is no horrendous noise problem in the projection of traffic through the year 2015, however they are above nominal levels for residential districts and for the City to be aware. If they were to put in residential they would need to put in a masonry wall similar to the one on FM 3009. Such walls are already under construction in areas -8- around the City. Steve Simonson mentioned that another rabid bat has been found in Guadalupe County so for your families and friends to be careful and call animal control. Steve Simonson commented on the APA book that was received this evening. Please review page 21 on the new wireless revolution very closely because what they are stating is for real. This is what the world is coming to. Steve Simonson advised that Denny's is moving ahead relatively quickly they have made a new design for their buildings with this being the second one in San Antonio like it. The other is located at Hwy. 281 and Bitters. They have decided that they would like to have two (2) additional signs on the building with a request for the next meeting. One on the east elevation looking back at Texaco, south elevation fronting the access road, and north elevation would be looking at the back entrance. There will be a formal request at the next meeting for this request. The two (2) additional signs would be on the building in addition to the free standing sign. Also the road behind is now having the sewer line put in with this private road being 30' wide all cement. Pia Jarman mentioned that while out in the surrounding area viewing other businesses, you don't seem to notice the signs on buildings as much as the free standing signs. Ernie Evans mentioned that he would like to review the sign on the Denny's at Hwy. 281 and Bitters before he makes a decision. Steve Simonson mentioned on the Retama Oaks the head owner met with him. Mr. Simonson clearly outlined what was said at the Planning and Zoning meeting with advice that his only recourse is to go before the City Council and request a reopening of the zoning request. The Planning and Zoning Commission is only a recommending board with the City Council having the final decision. Cliff Morton was notified by Mr. Salinas on our decision. Sam Barns met with Mr. Simonson, who told Mr. Barns the option of the developer going before the City Council. Mr. Barnes stated he was not told that Mr. Salinas had been in and explained the procedures, Mr. Barns apologized and left. David Richmond questioned if Mr. Sweatt or the Mayor were asked to send a letter to TXDOT on FM 78. Councilman Ken Greenwald stated that he had talked with Mr. Sweatt and was informed to give Mr. Stephens a little more time to see what information is presented at the next meeting on FM 78 and make a decision from there. #15 ADJOURNMENT: Keith Van Dine moved to adjourn the meeting. David Richmond seconded the motion, which carried with a unanimous vote. -9- Chairman Pia Jarman adjourned the meeting at 9:27 p.m. The next regularly scheduled meeting is May 23, 1995. Chairm n, Planning and Zoning Commission City o Schertz, Texas TEST: V` anning Secretary City of Schertz, Texas -10-