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04-11-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, April 11, 1995 at 7:00 p.m. in the Municipal Complex Council Chambers, 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 BOB ANDREWS KEN GREENWALD, COUNCILMAN MEMBERS ABSENT OTHERS PRESENT Keith Van Dine (Death in Family) Harry Jewett, Cellular Ernie Evans (Work Related) One Randy Burch, Burch Roofing Eddie Donhauser, Town and Country Body Shop Wanda Koch ~l 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's public hearing on these same items will be held April 18, 1995. ~2 PUBLIC HEARING: 1. To Receive Citizen Input on a Request from Joe Veytia, Veytia Partners, Ltd. for the Rezoning of Approximately 1.543 Acres from R-4 (Apartment/Multi-Family) to R-6 (Single Family Dwelling District) (ZC #116) (1) Variance from authorized lot size 60' X 100' to proposed typical lots of 50' X 120' in depth. (2) Variance to front yard setback requirement of 25' to 20' front yard setback, permitting an alleyway for entrance in the rear, with 15' separation between all buildings. Chairman Jarman asked for Staff input. Steve Simonson reported that fourteen (14) letters had been sent to the surrounding land owners within 200', four (4) letters were returned with all four (4) of them being in favor of the rezoning. There being no further questions or discussion, the Public Hearing for Item 1 was closed. 2. To Receive Citizen Input on a Request from the Citv of Schertz for the Rezoning of Approximately 1000' south of Lower Seguin Road (FM 1518) to 1000' north of IH 10 from GB (General Business) to Residential/Agriculture. (ZC #117) Chairman Jarman asked for Staff input. Steve Simonson reported that twenty-five (25) letters had been sent to the surrounding land owners within 200', five (5) letters were returned with three (3) in favor and two (2) opposed. Bob Andrews asked if the opposed gave any rationale on why they were against the rezoning. Steve Simonson advised that one (1) person stated due to having no sewer in the area that with GB (General Business) it would be better for development than a lot of houses due to the sewer problem. Another comment was that it serves no purpose because it discourages the development of the area for GB (General Business). The comments for the ones in favor felt that all the GB (General Business) need not be in that area. Pia Jarman advised that the recent requests that have been coming before the Planning and Zoning Commission have been for Specific Use Permits for Private Residences. Steve Simonson stated that the requests have been for Specific Use Permits. So far the only development is a church, and a single family residence in the area at this time. The area that is being considered for the rezoning issue at this time does not have one (1) GB (General Business) in the area. Pia Jarman questioned if the rezoning would affect the ones that are already there. Steve Simonson advised that there are no businesses in the area if you go back to Residential/Agriculture the homes are a conforming use. Merwin Willman asked what the depth of the area is. Steve Simonson stated it is 500' in depth. Wanda Koch asked for clarification where this property is exactly. Steve Simonson advised that it is 1000' south of Lower Seguin Road (FM 1518) to 1000' north of IH 10. All the other remaining land in between these two (2) points which is now GB (General Business) -2- would revert back to Residential/Agriculture if it is approved. There being no further questions or discussion, the public hearing for Item 2 was closed. #4 ADJOURNMENT OF PUBLIC HEARING: Chairman Pia Jarman adjourned the public hearing for all of the above items at 7:10 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. #5 CALL TO ORDER: Chairman Pia Jarman called the meeting to order at 7:14 p.m. #6 APPROVAL OF MINUTES: Regular Session March 28, 1995 David Richmond referred to page 8, 5th and 6th paragraphs from the bottom change the words would benefit to had benefitted and add the words so far after Schertz. Bob Andrews moved to approve the March 28, 1995 Regular Session Minutes with the corrections. Merwin Willman seconded the motion, which carried with a unanimous vote. #7 CITIZENS: INPUT OTHER THAN AGENDA ITEMS Eddie Donhauser from Town and Country Body Shop asked if on the next agenda for the next meeting if the Commission would watch a film on advertisement balloons for the sign ordinance. Mr. Donhauser stated that there isn't anything in the sign ordinance pertaining to this and felt the City should look into this as it could benefit the City and his company. The film is about ten (10) to fifteen (15) minutes long. Steve Simonson stated that Eddie Donhauser had inquired about this shortly before the issue was discussed by the Commission on this ordinance. He had at the time an inflatable on his property. The City Inspectors were sent to Town and Country to discuss that this type of advertising was not allowed at this time per the ordinance. Mr. Donhauser asked how he would go about getting the ordinance changed. Steve Simonson advised him on the procedures of coming before the Commission for a request. Pia Jarman asked if the film could be reviewed at any time either individually or in a group, it does not have to be done at a . meeting. Tony Moreno mentioned he would like the Commission to review the film as a group. -3- Bob Andrews agreed with Tony Moreno to review the film as a group so any comments or suggestions could be discussed at the time. Bob Andrews asked where the film came from. Eddie Donhauser advised the film came from Sky View Company which is the company he had rented the balloon from. This company has spent about $10,000 to make this film available for cities to show how it can benefit them. If the Commission felt they would like to review either San Antonio, or Houston's sign ordinance he would get them copies. Mr. Donhauser stated that San Antonio has at this time revised their ordinance to accommodate the balloons to 21 days per quarter. Pia Jarman stated that the next meeting will again have a public hearing and if time permits then the request from Eddie Donhauser for the Commission to review the film will be on the agenda. #8 CONSIDER AND MAKE RECOMMENDATION: Request from Joe Veytia, Veytia Partners, Ltd. Request for Rezoning (ZC #116) Pia Jarman stated that with no one opposing either on paper or in person, are there any other comments from the Commissioners. Bob Andrews for clarification reiterated this is just the rezoning of the plat cognate to R-6 (Single Family Dwelling District) with the two (2) variances. Pia Jarman stated that is correct and asked Steve Simonson if he had any other information to add. Steve Simonson had no other information at this time to add. Bob Andrews mentioned that the only thing he would like to add due to reservations about just blanket approval of this area without a stipulation of rear entrance garages or rear entrance homes being built there. The property is listed in the MLS and with the real estate people for 1400 square foot homes in the 80's built on Schertz Parkway. It does not specify that the homes will have rear entry. Ron Wood is specifying on his drawing that the homes will have rear entry. Bob Andrews stated he would feel more comfortable if it is stated in our recommendation that the homes will have rear entrances so that there never will be eight (8) curb cuts on Schertz Parkway. Merwin Willman stated that when the platting comes before the Commission it will be handled at that time. Merwin Willman advised he also has some questions on other items that will be on the plat. Pia Jarman advised that with the 1 foot non-access on Schertz Parkway that would keep from any curb cuts being allowed. Steve Simonson stated that it is clearly understood in the rezoning through the platting process that there will be no curb cuts on Schertz Parkway with the exception of the one (1) curb cut for the -4- alleyway on to Mitchell. Bob Andrews moved to approve the request from Joe Veytia, Veytia Partners, Ltd. to rezone 1.543 acres on Schertz Parkway from R-4 (Apartment/Multi-Family) to R-6 (Single Family Dwelling District) with the two (2) variances that were requested for lot size from 60' X 100' to proposed typical lots of 50' X 120' in depth, variance for front yard setback requirement of 25' to 20' front yard setback permitting the 26' alleyway for rear entrance, with 15' separation between all buildings, and there be a 1 foot non-access easement on Schertz Parkway allowing only 1 (one} curb cut on Schertz Parkway. Mervin Willman seconded that motion, which carried with a unanimous vote. ~9 CONSIDER AND MAKE RECOMMENDATION: Request from the City of Schertz for the Rezoning of 1000' south of Lower Seguin Road (FM 1518) to 1000' north of IH 10 from GB (General Business) to Residential/Agriculture. (ZC #117) Pia Jarman stated that there being no input from citizens at the public hearing, out of the five (5) letters that were returned there were only two (2) letters received back from the property owners that were opposed. Mervin Willman moved to approve the request from the City of Schertz to rezone 1000' south of Lower Seguin Road (FM 1518) to 1000' north of IH 10 from GB (General Business) to Residential/Agriculture to the depth of 500'. Tony Moreno seconded the motion, which carried with a unanimous vote. #10 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Lawrence Gill on behalf of Cellular One Antenna for Site Plan Approval on FM 3009. (PC #223-95) Steve Simonson advised that this property does not have to be replatted as it is located on private property. It is being leased from Southwest Precast on FM 3009 with the entrance being the second driveway closest to American Freightways if you were to drive north on FM 3009. The key that needed to be confirmed was that the FAA requirements were met and approved. That approval for the antenna was included in the Commissioners' packets Southwest Precast has a very large antenna on their property for their own personal business. The antenna is outside of the flight zone height. Pia Jarman questioned how tall the antenna is. Harry Jewett stated that the antenna itself is about 10' high with the over all structure including the pole being 140' in height. Harry Jewett showed a picture of the structure which will be free standing. -5- Steve Simonson stated it is like the structure that was approved for Southwestern Bell in Freeway Manor with a different elevation look. Bob Andrews questioned if the antenna had to be approved through the FAA due to the height and the need for a light on the top. Steve Simonson advised that the FAA approval is the document that was included in the Commissioners' packets. Merwin Willman had a concern that with this being a free standing structure will it be able to withstand high winds. Harry Jewett stated that the structure at the top will be able to withstand a wind load of a least 80 miles an hour. When they had the hurricanes in Florida these structures were the only thing standing. They usually sit on a drilled shaft depending on the soil conditions they can be anywhere between 29' - 45'in depth, on a 6' in diameter reenforced concrete. In a fail test the structure would crumble at the top not at the base. If the structure were to fall at the base there would be nothing else standing around it. Mr. Jewett advised that the structure is designed not to fall over due to the liability question. Bob Andrews moved to approve the request from Lawrence Gill on behalf of Cellular One Antenna for Site Plan Approval on FM 3009. Merwin Willman seconded the motion, which carried with a unanimous vote. #11 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Burch Roofing Company for Sign Variance Extension (PC #199/A-95) Steve Simonson stated that a letter had been sent to him by Burch Roofing, but he never received it. He was then sent another letter with the current date requesting an extension on their sign variance because their 6 month request had expired. Randy Burch stated that the company had been very busy with the hail damage that was recently received in the bad hail storm. Mr. Burch explained that he was unaware that there was a time limit on putting the sign up until he received the letter from the City. Randy Burch advised that Burch Roofing has been in contact with Don Holman on buying the building across from their building so they can expand their parking. Unfortunately Mr. Holman is asking a little bit more than Burch Roofing feels the property is worth. If they can work a deal with Mr. Holman they would not need the sign variance for the height of the sign. This is the reason they have not at this time erected the sign not knowing if they will be able to buy this property. They did not want to erect the sign in a place that would not be visible in all directions or having to take it down and move it if they were to buy the property next door. Mr. Burch stated he also is going to attend the meeting on April 24, 1995 to see what will be happening with the widening of FM 78. Mr. Burch mentioned that he is a long term Schertz resident and has -6- plans of staying in the area and working with the City in his business. At this time he is not sure what will be happening with the sign with the widening of FM 78, with Mr. Holman and the adjacent property. It is very expensive to erect the sign in keeping with the regulations so at this time they are asking for an extension until all the other options as stated have been resolved so they can place the sign in an appropriate place. David Richmond commented that he appreciates the request from Randy Burch for wanting an extension and his reasoning. David Richmond stated he is concerned now, and back when the first request for the sign was asked, for the variance on the height and size. Not knowing what is going to be happening with the widening of FM 78, or the elevation of the road to be brought up to the railroad tracks and so forth. Knowledge of that is germane to anything that is to be done in the heart of downtown. David Richmond mentioned that everyone on the Commission is concerned with the opportunity of the widening of FM 78 on the improvements that can take place with the general appearance of the main area of downtown Schertz. David Richmond complimented Randy Burch on the improvements that his business has done in the last several months to their property. David Richmond stated that at this time he would not approve the extension on the sign variance with the continued development that is going to be taking place and to see what is going to happen with the road improvements. After these improvements have taken place the Commission, upon a request for a variance on the sign height and size, could review the situation and make a recommendation at that time. Randy Burch advised that the sign is the shape of a roof and has been squared out so the variance is not so much the square footage of the sign as the height of the sign. Randy Burch mentioned that his business has cleaned up their area considerably in the last few months and invited the Commissioners to go and see for themselves how the company has improved the area. Randy Burch stated that he is not willing to erect the sign tomorrow. Until their company can either work a deal with Mr. Holman on the property adjacent to theirs and wait to see what is going to happen with the widening of FM 78. The sign is not going to be out in front of the building where the road is going to be a factor, but he does not want to erect the sign and then have to move it. Because it is so expensive to have to do this he is wanting to wait until the improvements stated have been decided upon. David Richmond stated that is what he was intending to say. It is not that he is not in favor of his request on the sign extension. He would like to wait and see what is going to happen with the improvements on FM 78 that are going to take place. At that time Mr. Burch may come before the Commission for a request for the sign variance extension if need be. Pia Jarman also agreed that for Mr. Burch's own benefit, due to the cost of putting up the sign, to wait and see what improvements are -7- going to take place and then at that time he could come back to the Commission for a request. Randy Burch stated if the Commission were to approve the extension on the sign he had no intention of putting the sign up now. He was still going to wait and evaluate the situation on the widening of FM 78 improvements. He is not looking at degrading the City by having a lot of signs to make it look like Pat Booker Road. He is willing to wait and if needed, come back to the Commission for a variance to the sign. Bob Andrews mentioned that what he has done with the bright blue landmark makes everyone aware of who the business is. Randy Burch advised that they have rented out two places in their building to an a/c company, an electrical company, and they now have a construction company in the same building. They have elected to allow businesses that are not going to create a lot of traffic and trying to make it a little construction alley on the property to get people to be able to go to one place for their home improvements. Steve Simonson commented that on April 24, 1995 there will be a meeting at the high school cafeteria on the widening of FM 78. They have shrunk the width of the road considerably from the original request of 120' to 85' ROW width without losing any of the frontage and still maintaining the five (5) lanes. The City will not have to buy any of the buildings. The elevation will not be as drastic as it looks. The preliminary plans are showing the elevation to come to about were the pharmacy is, along with the other side of FM 1518 being way out of the 100 year flood. It will be a transition straight across the board from Bexar County to Guadalupe County. Steve Simonson thanked Randy Burch for coming before the Commission with his request David Richmond moved to disapprove the request from Burch Roofing for an extension on their sign variance, but to recognize that at sometime in the future, given the City development, Mr. Burch may present a similar request. Bob Andrews seconded the motion, which carried with a unanimous vote. X12 CONSIDER AND TARE APPROPRIATE ACTION: Request to Rezone Approximately 14.57 Acres (Cottage/Life style) from R-4 (Apartment/Multi-Family Dwelling) to R-1 (Single Family/Dwelling) (ZC #120) Steve Simonson stated that the request is from the City. There was an agreement with Cottage/Lifestyle if they did not develop within 6 months then the property would have another public hearing to rezone back to the original zoning. Bob Andrews moved to recommend to City Council to rezone 14.57 Acres (Cottage/Lifestyle) from R-4 (Apartment/Multi-Family) to R-1 -g- (Single Family/Dwelling). Tony Moreno seconded the motion which carried with a unanimous vote. X13 DISCUSSION: UDC Review The Commission reviewed pages 125 - 135 with changes being made at this time. ~9 GENERAL DISCUSSION: Tony Moreno• Tony Moreno stated he had no comments. Bob Andrews• Bob Andrews stated he had no comments. Merwin Willman: Merwin Willman mentioned that with the discussion on the Burch sign maybe there needs to be a moratorium on all signs on FM 78 until the widening is complete. A recommendation to City Council should be made to the effect. Also in the sign ordinance there is a statement that when the widening of FM 78 is complete all signs on FM 78 along the railroad tracks will have to be removed. Steve Simonson agreed that there was a time limit on the signs to be removed upon the completion of FM 78. All the Commissioner's were in agreement for this recommendation to City Council. David Richmond questioned when Randy Burch added on to his parking improvements did the City have to give him permission. Steve Simonson stated he resurfaced his own land. Steve Simonson advised that Randy Burch has been in his office many times. They have gone out to his property to locate the various places that the ROW could go. There is going to be a lot of surprised people because at this time there is no difinite plan on the ROW. Steve Simonson mentioned that he is hoping that a committee of citizens and businesses will get started to begin looking at how we can collectively as a City look at getting improvements on FM 78 from Cibolo Creek on down to Dietz Creek. Bob Andrews questioned if the recommendation for the City Council will need to go on the agenda for the next meeting. Councilman Ken Greenwald advised he would bring it up tomorrow night at the workshop with the Council Members. Merwin Willman suggested when and if Burch Roofing is to come back on the sign variance the fee could be waived. Bob Andrews felt by the time he gets ready to put up the sign he doesn't feel he's going to need it. -9- Merwin Willman mentioned that Woody's had their balloon back up. David Richmond: David Richmond thanked Steve Simonson for his very optimistic words on HEB. David Richmond questioned since our last meeting we have had the profusion of Deer Creek signs going up along FM 3009 and are we aware of what the zoning is in Cibolo on that property which is being advertised as business plats of 6 acres. If not, could we find out what the property is zoned. Steve Simonson stated that from Dietz Road to the entrance of Deer Creek where you see the housing sub-division stop and it goes from Dietz Road to the drainage ditch that bisects that land. At this time we do not know what the zoning is but will find out. We are hoping at this time someone does not come in with a 60' sign and rotating lights. Councilman Ken Greenwald: Councilman Ken Greenwald advised that the opening of the BVYA had 700 plus children now registered to play ball. There are 56 teams with 13 players per team. Merwin Willman questioned the lights being turned on for such a long time before sunset. Councilman Ken Greenwald stated that by baseball rules they have to be turned on prior to the start of an inning. This is at the umpires discretion as to how soon to turn them on for safety reasons. Councilman Ken Greenwald reminded everyone to try and attend the TXDOT meeting on April 24, 1995 in the high school cafeteria at 7:00 p.m. Until the final plans can be seen FM 78 is going to be very expensive. The City by law is responsible for the ROW drainage, curb and gutters, and in some cases storm sewer. You can no longer run the storm sewer into the Creek. Councilman Ken Greenwald advised that the Canyon Regional had canceled their meeting due to legislative conflicts. The meeting will be held tomorrow night with Mr. Bierschwale attending that meeting. Hopefully there will be more information by the next meeting. Steve Simonson: Steve Simonson showed the Commission on the zoning map a piece of land by Woodland Oaks, Autumn Winds, Ashely Place, and Savannah Square. The acreage is PUD with the original platting being Sagemont. The land is now under contract to people that want to redo the Master Plan for the PUD. It does not have to be rezoned it has to be Re-Master Planned. It was not zoned and reverted. It is considered Community zoning. In the new UDC book PUD is now being omitted but this property is currently PUD under the -10- ordinance. Under our current ordinances unless we approve of a new Master Plan they can not build. They would have the follow the existing Master Plan and they do not want to. What you have in front of the property is 350' of Neighborhood Service Zoning with all the rest of property being PUD. What they are proposing to do is come in and build single family garden homes, and multi-family. They may or may not want the Neighborhood Service. If they do not want the NS they will have to rezone only the front 350'. The last proposal would be to make this a gated community with only one entrance and exit. Bob Andrews added this being a high density closed gated community. Steve Simonson stated that it is about 34 acres. This would be a closed gated community with the entrance and exit being on FM 3009. The deadend is into Hill View which now has an existing stub out but it does not show as a straight through road. It does state in the Master Plan as being stubbed out to Ashley Place but not to this property. Merwin Willman questioned on how many stub outs there are from Woodland Oaks. Steve Simonson stated that there is only one. Steve Simonson stated that there are two stub outs one to Olde Moss and Daven Port into this area. The current Master Plan for Ashely Place does not show a straight road. It has a jog out and then back. Steve Simonson advised that a new Master Plan may be coming very quickly and the Commission needs to view what the proposals are going to be with the gated community, with this being what people want. Bob Andrews advised that a lot of people are buying into gated communities for safety reasons. There is a subdivision off of Judson Road where you drive up to the gate and telephone the person you wish to visit. If they are home they will let you into the community other wise you can not enter the area. Steve Simonson mentioned that he has been approached by some people in the Homeowners Association with Savannah Square requesting if they can close off their community. Steve Simonson advised them they would have to build a new subdivision to be able to keep it closed. Merwin Willman stated that he would like to have more information available about gated subdivisions. Maybe going to the American Planning Association an asking them for information. Steve Simonson advised that he has books available to view on this subject. Bob Andrews advised that the PUD was put on the Master Plan because that is what was approved at that time. Now it needs to be reviewed on the new Master Plan to see if it is acceptable for that PUD. If it is acceptable there will need to be no rezoning or -11- public hearings it is either approved or disapproved by the Planning and Zoning Commission. Steve Simonson mentioned that all of the PUD's that were in the 80's except for Greenshire only had two (2) different zonings in them. All PUD's are for multi use of three (3) or more. The original Greenshire zoning had a Business, Single Family Residential, and Multi-Family Residential. So when a new Master Plan for Greenshire was brought in it was approved, basically that is what they are requesting for this area. You may see this request as early as your next meeting. Steve Simonson questioned if Bob Andrews could get any more information from San Antonio area if there is an explosion of this type of community at this time. Bob Andrews advised that there is no explosion the gated communities are there and people are very interested in them. The people that are buying in these communities are older and more settled. Up scale of $130,000 or more for security reasons for the gated community. There are different types of homes in these communities, but they do have two (2) ways in and out. Councilman Ken Greenwald mentioned that they have to have two (2) entrances and exits for emergency purposes. The only problem is that these people pay the same taxes but do not receive City services. Bob Andrews stated that you have a category of people that are willing to pay a higher price for these homes, knowing that when they punch in their number they are going to be safe. No one is going to bother them or their property. Tony Moreno agreed with Bob Andrews that there are people that want to feel safe in their own community. #10 ADJOURNMENT: Bob Andrews moved to adjourn the meeting. David Richmond seconded the motion, which carried with a unanimous vote. Chairman Pia Jarman adjourned the meeting at 9:37 p.m. The next regularly scheduled meeting is April 25, 1995. Chair n, Planning and Zoning Commission City of Schertz, Texas ATTEST: _ n lanning S retary City of Schertz, Texas -12-