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03-14-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, March 14, 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 BOB ANDREWS ERNEST EVANS KEITH VAN DINE KEN GREENWALD, COUNCILMAN MEMBERS ABSENT OTHERS PRESENT SUSAN ROSE, 1323 CIRCLE OAK DAVID VICK, 7537 EAST FM 1518 NORTH RON WOOD, RON WOOD HOMES JOE VEYTIA, VEYTIA PARTNERS, LTD. #1 CALL TO ORDER Chairman Pia Jarman called the meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Regular Session February 28, 1995 Bob Andrews asked for clarification on page 3, 3rd, paragraph from the bottom. It was explained to his satisfaction. Councilman Ken Greenwald stated on page 4, 4th paragraph, add "If someone's life is in jeopardy, SAFES will become first responder and stabilize". Ernie Evans moved to approve the February 28, 1995 Regular Session Minutes with the amendments, Tony Moreno seconded the motion, which carried as follows: AYES: Commissioners Pia Jarman, David Richmond, Merwin Willman, Ernie Evans, Keith Van Dine, Tony Moreno. NAYES: None. ABSTENTIONS: Bob Andrews (absence at said meeting). #3 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. #4 CONSIDER AND MAKE RECOMMENDATION: Request from David H. Vick, 7537 E. 1518 North, to Rezone from to General Business District to Residential (Tabled 2-28-95) Steve Simonson stated that this is a very straight forward request to change the zoning on his lot to place a home from GB (General Business) to Residential on FM 1518. Ernie Evans questioned what relationship this request from Mr. Vick would have on agenda item #6 (Request to rezone areas of Lower Seguin Road to IH 10). Chairman Pia Jarman advised that item #6 on the agenda has not had a decision made at this time. It will have to go before the City Council, there also will have to be a public hearing for general rezoning. Chairman Pia Jarman asked if spot zoning is illegal and if this is a Texas Law. Steve Simonson advised that it is a general law across the United States on spot zoning due to the fact that it creates too much incompatibility. This is why the GB District (General Business) along FM 1518 from Lower Seguin Road to IH 10 is going to be looked at for rezoning to Residential/Agriculture due to several requests coming in for rezoning. Bob Andrews asked Mr. Vick if he knew that item #6 on the agenda for the rezoning of Lower Seguin Road to IH 10 from GB (General Business) to Residential/Agriculture would include his request for the rezoning of his property. David Vick stated he was not aware that item #6 would include his property. Chairman Pia Jarman advised Mr. Vick, until such a time item #6 on the agenda is considered, he may wish to continue with his request. Steve Simonson stated that the same process would have to be taken in item #4, item #5, and item #6 on rezoning of property. If all three items were agreed to be sent together or if it was agreed that item #4 and item #6 be combined, the process would take the same amount of time with the public hearings being held the same night. _2_ Bob Andrews stated, as a legality point, Mr. Vick could not be granted the rezoning recommendation for approval by the Commission for his lot. That would be considered spot zoning. One residential dwelling is allowed on the General Business property for residential use. Otherwise Mr. Vick could request a Specific Use Permit which would be permitted. Merwin Willman commented that Mr. Vick was not going to be using the property for residential/security reasons, it is strictly for residence. This request would be considered for a Specific Use Permit instead of Rezoning. Ernie Evans confirmed that if all of that area is approved to be rezoned from GB (General Business) to Residential/Agriculture then Mr. Vick's Specific Use Permit would then expire. Bob Andrews moved to disapprove the request from Mr. Vick to rezone, 7537 East 1518 North from GB (General Business) to Residential/Agriculture. And a recommendation to the City Council for consideration for a Specific Use Permit in accordance with Article XXIII in the Zoning Ordinance be made. Tony Moreno seconded the motion which carried with a unanimous vote. ~5 CONSIDER AND MAKE RECOMMENDATION: Request from Joe Veytia, Veytia Partners, Ltd., to Rezone from R-4 to R-6 Schertz Parkway and Mitchell (1.543 acres) Steve Simonson. asked if the Commissioners were familiar with the location of this property. This property is located on Schertz Parkway and Mitchell Avenue with the zoning being R-4 Multi-Family and Veytia Partners, Ltd. is requesting to down zone the density of the property to R-6 Single Family Dwelling District. There also are two specific requests for variances, to decrease the lot width by 10'(from 60' to 50'), and on the front building setback requirement 5' (from 25' to 20'). There will still be over 6,000 square feet per lot which is the current requirements for the R-6 zoning. However, they are not requesting a variance for a side yard setback for the distance between buildings. They still will have the distance of 15' between buildings. Chairman Pia Jarman questioned that the request for the front building setback from 25' to 20' is in regards to them putting something in the back alleyway. Steve Simonson advised that the front building setback is for entrances in the rear. This is to give them room to have the garages in the rear of the buildings. There will be an alley from Mitchell Avenue to Schertz Parkway. This will prevent having curb cuts for all of the homes. There will be one curb cut coming out of Schertz Parkway which will be an alley, and one curb cut coming out on Mitchell Avenue which will be dealt with later in the platting process. -3- Bob Andrews commented with the request for the variance on the 25' front yard setback to 20',in the event that Veytia Partners, Ltd. should sell the property and not build these homes with the rear entrances that has been proposed, if it was agreeable with the other commissioners, Bob Andrews would like to propose that this stipulation be in the motion that there will be rear entrances to these homes. Steve Simonson advised that there is the Subdivision requirements that will have to be followed. Ron Wood stated that he is the contractor to build the homes and they are going to be built with the rear entrances. Bob Andrews stated if someone were to make an offer on the property for the right price it would be sold and he would like for the request to be very clear as to how the homes need to be built on the property. Chairman Pia Jarman advised that the recommendation that is being considered at this time is if the property should be changed from R-4 which is more dense to R-6 Single Family Dwelling. At the current ordinance the R-6 is an area with 6000 square feet. Bob Andrews stated his concern is with Schertz Parkway being a major throughfare. If granted the R-6 Single Family Dwelling there has to be a way of getting in to the homes. With 8 curb cuts on a major throughfare it would be very dangerous. Someone may come in and see that this has been rezoned R-6 Single Family Dwelling and not want the rear entrances. Something needs to be stated to the effect of the rear entrances. Steve Simonson confirmed that the Commission has the authority for allowing changes. If they decide not to allow certain requests for changes then they are not allowed. With this being handled through the platting process the Commission has control of entrances, exits, and orientation. Steve Simonson stated he understands what Bob Andrews is concerned about, but with the Commission having the authority to authorize changes at any time regardless of the zoning they can deny a plat if they are not satisfied. Steve Simonson stated that this question is faced everytime on every piece of property. If the Commission feels that the rear entrances need to be put in the motion he has no problem with that, but the Commission does have the final say on what will be done through the platting process. David Richmond commented his concern with the variance from 25' to 20' along Schertz Parkway is of establishing a precedent and would not like to see buildings closer to the road than they have to be. Steve Simonson stated, driving down the road you still have the open field with 4' of sidewalk and curb. Behind the sidewalk there is 6' of grassy area which is City right of way, there is still 20' -4- more to the front of the house, by not having the garage in the front. Steve Simonson stated that talking with the developer and the builder, even though the subdivision ordinance states that there can be a 20' wide alley, we have requested for a 26' wide alley. This is due to the residences needing guest parking and Schertz Parkway is a no parking zone and there are only 1 or 2 spaces available for parking on Mitchell Avenue. Emergency vehicles, garbage trucks and other vehicles will need to have room to get in and out of the area with vehicles being parked on the side of the roadway. The developers have been informed when they submit the plat it will need to be shown to that effect. Ernie Evans questioned if the rezoning and the variances would be handled at the same time at the public hearings. Steve Simonson confirmed that both requests are on the form that was submitted so they will be handled at the same time to either recommend a public hearing or not. Merwin Willman moved to recommend to the City Council that a public hearing be considered for the rezoning from R-4 to R-6, Lot 23, Village Subdivision, and consider the granting of the variances to decrease the lot width from 60' to 50' and the front yard building setback from 25' to 20'. Keith Van Dine seconded the motion, which carried with a unanimous vote. ~6 CONSIDER AND MAKE RECOMMENDATION: Request to Rezone Areas of Lower Seguin Road (FM 1518) to IH 10 Bob Andrews stated that it was a very good idea and felt a recommendation should be made to City Council to have a public hearing to rezone Lower Seguin Road to IH 10. Merwin Willman advised that the recommendation to the City Council should include a statement for the reason the Planning and Zoning Commission feels this should be done. Steve Simonson stated that the reasons for this request is that there are no businesses from about 1000' south of Lower Seguin Road to IH 10. When the recommendation is given to the City Council a parameter will need to be given. This rezoing request could be given the parameter of 1000' south of Lower Seguin Road and 1000' north of IH 10. This would leave the corners free for businesses if needed. There are a number of single family residences this side of FM 1518 which would preclude what would be considered a defacto spot zoning. There are some beautiful homes in the area. Steve Simonson advised he does not feel businesses should not be in that area but they do not need to be where there is some beautiful land and homes. Merwin Willman stated that the letter to City Council should indicate the fact that back in 1987 the policy was to zone areas -5- around major throughfares in the City to GB (General Business). Since then the policy has changed. Bob Andrews commented that from 1987 to the present the actual growth and requests for development have changed to businesses wanting to be on IH 35 and not in the "heart of the city". Keith Van Dine asked that if the area is rezoned, does it lock any business out if they would like to build. Steve Simonson advised that if a business wants to build in that area after it is rezoned to Residential/Agriculture they would have to make a request before the public to have the area they are interested in rezoned to General Business. Merwin Willman moved to recommend to City Council to consider the rezoning of the area 1000' south of Lower Seguin Road (FM 1518) to 1000' north of IH 10 from GB (General Business) to Residential/Agriculture to include reasoning for such rezoning. Keith Van Dine seconded the motion, which carried with a unanimous vote. ~7 CONSIDER AND TAKE APPROPRIATE ACTION: Inflatable Sign Ordinance Information Steve Simonson stated that the information he has available is from the Ordinance that they follow in San Antonio. He did revise it to fit our needs. If we try to go along with San Antonio then it wouldn't cause any competition. David Richmond stated he felt just because other cities may have an ordinance on the inflatable balloons does not mean we have to follow and have an ordinance pertaining to them. There is a lot of frontage road along IH 35 and with the increase in traffic with Retama it would make the City of Schertz look more presentable if the balloons were not allowed. Look at Loop 410 and how many balloons are on buildings and it is not a pretty sight. Steve Simonson advised that if the Commission did not feel they wanted this added to the Ordinance it did not have to be. The Commission is in charge on what is allowed and what is not allowed. They have the final say on any type of signs. Chairman Jarman stated if everyone approved maybe it could be a little stricter. Steve Simonson advised that either you have it or you don't. It would be too confusing if one company had one and another company could not have the same size or type because of their location. The Commission has the authority to authorize this type of sign in a formal meeting. It would be best to either have it in the UDC or to leave it out then there are no questions as to what is allowed. -6- Ernie Evans stated that in the UDC book under Section 5.1 there is a section on balloon signs but not specific. Merwin Willman commented that it was hard to include everything in the UDC book. Keith Van Dine commented he would prefer that people come before the Commission for this type of request. After the discussion it was agreed upon by the Commission that the Ordinance stay as is in the UDC book. ~8 DISCUSSION: UDC Review The Commission reviewed pages 93 - 103 with changes being made at this time. ~9 GENERAL DISCUSSION: Tony Moreno• Tony Moreno stated he had no comments. Keith Van Dine• Keith Van Dine questioned Steve Simonson if he had any information why the telephone pole on Pfeil Road by his gate was knocked down sometime early Saturday morning. Steve Simonson advised he had no information but would check into it. Bob Andrews• Bob Andrews commented on the Buffington signs that were out in numbers over the weekend. They are starting to put them three abreast. Steve Simonson stated that Dover Homes also had signs out in numbers and all builders have been notified. If there is another weekend with signs out in numbers by any of the builders their permits will be pulled. At that point they would need to contact the Commission again to be able to put up their signs. Steve Simonson advised if they see this happening the first time they pick the signs up and return them and remind the builders this is not allowed. If it should happen again they throw the signs away and tell them not to do it again. After that their permit is pulled. Bob Andrews questioned if the culverts on FM 78 to the entrances going to Pick N Pack, Pizza Hut, and the subdivisions are entirely done with the work. Steve Simonson stated there were some utilities that still need to be put in so he felt that the work is not complete at this time. Ernie Evans• Ernie Evans stated he had no comments. Merwin Willman: Merwin Willman stated he had no comments. David Richmond: David Richmond stated he had no comments. Councilman Ken Greenwald: Councilman Ken Greenwald advised that the meeting with Paragon Cable has been changed to April 4, 1995 at 7:00 p.m. due to conflict in the prior date. Paragon Cable representatives were out last week with a short briefing. Councilman Ken Greenwald stated with the City Manager's urging, the later part of this month or the first of April Paragon Cable will be installing a new Emergency Broadcast System. The purpose of this new program is to keep citizens who have cable informed of any weather changes that may affect the area they live in. Unless the citizens are watching any of the three local channels at this time you are not informed of this nature. With the new programing it will appear at the bottom of the screen on the television on any channel, to turn to their local channel for further details. At this time there will only be three people in the City for security reasons, who will be able to make a request to publicize any weather conditions that may affect the Schertz area. Councilman Ken Greenwald commented he attended a meeting last night of the Canyon Regional Water Authority. The Bexar Metro Water System is forging ahead with the 33 million dollar project to install a 54" water line from Lake Dunlap following FM 78 to the other side of Converse. It is approximately 2 million dollars a mile. Questions have already been brought to them on how are they going to get the ROW with there not being any remaining on FM 78 coming through Schertz. They do not feel this is a problem. Councilman Ken Greenwald stated that a lot of things will have to be worked out on the ROW along FM 78 and the cost of the project, etc. A quick snapshot figure is about $31,000 which is about .30 cents more a thousand now. The water is there but not when it is needed. Some type of storage needs to be looked into. This afternoon Mr. Greenwald and Mr. Sweatt, along with some of the local cities (Selma, Live Oak, Cibolo, Universal City) met to discuss applying for a grant. Councilman Ken Greenwald stated according to the information on the Trans Texas Plan, just in the City of Schertz alone, the expected population expansion plan for the years 2000-2050, the population -8- is expected to increase by almost 13,000 people. The current pumping limits will be about 4,100 acre feet short by the year 2050. The City is still looking at buying water; however there are other issues that are involved such as the treatment and means to get it from one place to another, there are a lot of costs involved. Citizens need to realize that there is a water shortage now and it is only going to get worse unless citizens start conserving now. It will all depend on what law goes into effect, but as citizens equally, we are looking at a 25 to 40~ cut on our water usage. Councilman Ken Greenwald stated that money was put in the budget to buy water and the first comment he has heard from citizens is that they bought the water and now it is going down the creek. Councilman Greenwald advised that you did not buy the water you bought the rights to use the water when and how you want to. It may not be today or next year but the water right is now the City's. With the way Bexar Metro is working, the 15,000 acre feet they are buying only leaves 5,000 more left to purchase. We are in a situation where it is going to cost us $50,000 a year to have water. It does not matter who treats the water we will need to run our own line with any water waste costing money. At this point it is not going to be cheap to get water. Councilman Ken Greenwald reminded everyone that the opening day for the BVYA baseball/softball league starts April 1st. Steve Simonson: Steve Simonson advised that the hotel on IH 35 may never be built under the current administration trying to put it together. The City has been trying to work with the administrators for the last 8 months. They had a set of foundation plans that they wanted the City to approve. At that point they would start the site work, infrastructure, and get the foundation in. They felt that at that point they would have the rest of the plans. The foundation plans were brought in and they were not designed for this type of property with this ph or strata of ground. In some parts of the concrete, instead of re-bar they were using wire mesh. This is to be a two-story motel. There were beams missing, where there is to be re-bar there isn't enough of it, and the elevator shaft was not shown in parts of the plans. Tony Moreno questioned if this was prepared by a professional engineer. Steve Simonson advised that it was a professional engineer. Steve Simonson stated that he has put a stop to all negotiations and cooperation. They will have to come into the City with a full set of engineer and architectural plans stamped by a registered Texas Engineer and Architect or they will not be looked at. -g- ~6 ADJOURNMENT: Keith Van Dine moved to adjourn the meeting. David Richmond seconded the motion, which carried with a unanimous vote. Chairman Pia Jarman adjourned the meeting at 9:23 p.m. The next regularly scheduled meeting is March 28, 1995. Chair a Planning and Zoning Commission City o Schertz, Texas A TEST: Planning Secret ry City of Schertz, Texas -10-