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11-18-1986 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission and City Council conducted a Joint Public Nearing on November 18, 1986 at 7:00 P.M. in the Municipal Complex Council Chambers, 1400 Live Oak Road. P~embers present were as follows: PLANNING & ZONING COMMISSION CITY COUNCIL THOMAS YARLING, CHAIRMAN EARL SAWYER, MAYOR BOB ANDREWS, VICE-CHAIRMAN CHUCK SHARPE JAMES HARDEN, SECRETARY ADOLPH AGUILAR MERWIN WILLMAN KEN GREENWALD TY BRISGILL HAL BALDWIN DAVID ALLEN RAY STANHOPE DONALD WILSON CITY STAFF STEVE SIMONSON, PLANNING COORDINATOR NORPIA ALTHOUSE, RECORDING SECRETARY JIMMY GILMORE, CITY MANAGER JUNE KRAUSE,'CITY SECRETARY #1 CALL TO ORDER Mayor Sawyer called the meeting to order at 7:00 P.M. He then acknowledged Reserve Police Officers Russell George and Thomas Curd and the person in .charge of training them, Officer Russell Bundy, and ask those present to give ahem a big round of applause for their services. Mayor Sawyer then turnsd the meeting over to Planning and Zoning. Chairman Thomas Yarling. #2 PUBLIC HEARING: Specific Use Permit - #86-1 To receive input from the public on a request by New Creation Christian Fellow- ship fora Specific Use Permit to build a church on a 43.128 acre tract of land out of a certain 53:128 acre tract described in a Warranty Deed from Coy J. Simmons to Valley Joint Denture. The land is located at the end of Crest Oak, east of Crown Oak and north of Circle Oak in the Oak Forest Subdivision. Chairman Yarling explained the rules of procedure fora public hearing. Steve Simonson, Planning Coordinator, gave a brief presentation on the location of the proposed church and also reported that .twenty-two (22) letters had been sent to property owners within 200 feet of the location. Mr. Simonson said five (5) letters had been returned by those property. owners with four (4) of them against the Specific Use Permit and one (1) person in favor. Those who gave presentations for:New-Creation Christian:Fellowship were Pastor David Copeland., William Andrews and Elliot Cunningham.-They stressed their desire to build in the City of Schertz, to cooperate-with the City and it's residents and to be a positive influence on the community and a definite asset to the City. Doris Courtney passed out copies of a petition that had been signed by residents of Oak Forest. A five-year plan was presented. as follows: First building - a worship and fellowship center projected for completion in 1988. Second building - a gymnasium and recreation center projected for completion in 990- 99 . Third building - an early learning center (grades 1 through 6). .After the presentation by the applicant, the following citizens spoke: R.E. Booth 4309 Spanish Oak .Jerry Hennig 1414 Circle Oak John Ireland 1536 Circle Oak James .Todd 1505 Circle Oak Stanley Spurkosky 1312 Circle Oak Derrell Brown 4204 Lazy Oak Mary Marsh 4209 Spanish Oak All of the above citizens spoke against the Specific Use Permit stating among their reasons the increased traffic because ingress and egress through the subdivision is the only access,.loss of the tax revenue that would be gained if residential dwellings were built there instead of a church, and the promise .when they bought their homes there that the area would be all residential dwel- lings. Also, they wanted the answer to several questions such as what size is the membership of the church, what is their growth rate, what are their plans for the future, how many members currently live in Schertz, do they have a projection on the amount of increased, traffic they will generate on given days, how did they plan to handle off-street parking and why were there no drawings or architectural designs presented.. After the citizens spoke, the Planning and Zoning Commission and City Council members asked questions of the applicants.- Among those questions were how many times a:week do you hold services, have you consulted the local school district to see if there is a need for a Christian School, how many members do you project you will have in the next five years and `how do you plan to finance all this building. Councilman Hale:Baldwin asked for a show of ,hands from those who had'not returned their letters but who are against the proposed church. Mr. Baldwin asked that .the record show .that ten (10) more households are against the proposal, bringing the total against to fourteen (14). After these questions the a~ppl zcant' wasp allowed '.time forr~rebuttal:..Pastor David ' Copeland,~William-Andrews and.flliot Cu~nni.ngham all: responded. to questions asked by the citizens and by Planning .and Zoning and City.Council.. They said they are willing to work with.the City as best they can to.help allevi- ate the traffic problem, but they feel they will not generate .traffic at peak hours because of 'the days and times o.f their services nor will-they generate more traffic than would normally be there if residential dwellings were built in~the same area. ~ . (2) . They said they do not intend to be a burden or charity case as far as tax revenue loss, but rather make worthwhile contributions to the community both financially and spiritually. They currently have a membership of 350-400 .but project future growth at around 800-900 members. Their plans for the future include the three buildings (worship center, gymnasium, and early learning center) in the hopes of providing a Christian family environ- ment. Most of their members, at the present time, live outside the area of Schertz but would be looking to buy homes in the area within the next five years. They did not provide drawings or architectural designs because they do not wish to have a large cash outlay for this type of thing without the issuance of the Specific Use Permit. They currently hold services on Sundays and Bible study on Wednesdays. They have not consulted the local school district about the need fora Christian School but would be willing to do so. They had an income last year of $300,000.00 of which $170,000.00 was left after expenses. At this time Chairman Yarling made his closing. remarks saying there would be no more input from citizens after the hearing, all comments from the hearing would be considered, and Planning and Zoning: Commission has ten (10) days to make their recommendation to City Council. #3 GENERAL DISCUSSION. There was none. #4 ADJOURNMENT OF PUBLIC HEARING Chairman Yarling then turned the meeting back over to Mayor Sawyer. Mayor Sawyer thanked everyone for their cooperation and adjourned the public hearing at 8:13 P.M. The Schertz Planning and Zoning Commission reconvened in a regular session, after the Joint Public Hearing, in the Municipal Complex Conference Room. #5 CALL TO ORDER Chairman Yarling called the meeting to order at 8:22 P.M. #6 APPROVAL OF MINUTES: Regular Session October 28, 1986 Bob Andrews made a motion to approve the minutes for the Regular Session, October 28, 1986. David Allen seconded the motion and the vote was unanimous in favor. Motion carried. #7 CITIZENS' INPUT OTHER THAN PUBLIC HEARING ITEMS ON AGENDA AND OTHER AGENDA ITEMS There was none. (3) #8 CONSIDER-AND TAKE APPROPRIATE ACTION: Terminate or Extend Preliminary Plat Approval - Schaefer Village Unit I and II (In the ETJ - Not Zoned) Joe Hoffman was at the meeting to represent Schaefer Village. Mr. Hoffman informed the Commission he was asking for another extension. _ Mr. Hoffman passed out copies of a letter from a loan broker with whom they are .currently working. He went on to explain that three loan committments had come and gone, but things look good so far with the current loan broker.. Mr. Hoffman also pointed out that none of the loans had been disapproved because of poor quality of the proposed project - they all felt the project was of high quality. Bob Andrews asked what Mr. Hoffman's intentions are if this one falls through. Joe Hoffman replied .they would take it one step at a time and if this one falls through, they would keep on trying. David Allen asked if there were any Staff comments and Steve Simonson replied no there were not. Chairman Yarling asked Mr. Hoffman if he is asking for a twelve-month extension. and Mr. Hoffman replied yes he is. David Allen made a motion to extend the Preliminary Plat a~~roval for Schaefer Village, Units I and II fora period of twelve months effective as of September 10, 198.6 through September 10, 1987. Merwin Willman seconded the motion and the vote was unanimous in favor. hlotion carried. #9 CONSIDER AND TAKE APPROPRIATE ACTION,:. Request from Vaughan Homes to Erect a Temporary Development Sign f'or Greensh;ire Oaks. Su6d~vi~siion: There was:. mo ones apt the, meetiingj to; represent V`augha~ni H'omes;:, Chai'rman' Yarling; askedr Steve Si'monson~ to. fil'li the Commission i`n~ on the detail's. M'r. Simonson informed' the Commission the Preliminary Plat has been approved' and the proposed sign does meet the size requirements of the Zoning Ordinance and the Overlay Ordinance. Mr. Simonson also said there will be no lights shining toward the traffic on Jack Hays Boulevard. (The Commission members had received a diagram of the proposed sign in their packets.) David Allen questioned whether or not the sign on the corner of Green Valley Road is lighted. Chairman Yarling asked if there was an objection to lights. David Allen replied he was asking because he wanted to check on the conformity of this sign with other signs along the same road. Chairman Yarling asked if the sign conforms to the Overlay Ordinance. Steve Simonson replied the Overlay Ordinance does not speak specifically to the lighting of temporary development signs. Merwin Willman commented he doesn't believe we have allowed lighted temporary development signs in the past. Rob Sulu, who is associated with the Thistle Creek Subdivision and who was among (4) the citizens present at the meeting, asked to speak. Mr. Sult remarked that the sign proposed by Vaughan Homes is technically an off-site directional sign, that Vaughan Homes does not own the property where they are proposing to locate the sign, and that Greenshire Oaks is not part of the subdivision. Merwin Willman asked Rob Sult what his point was and Steve Simonson informed Mr. Sult that Greenshire Oaks is part of the overall subdivision. - Rob Sult stated he was pointing out a technicality but he has no objection to the sign. There was more discussion on the lighting with Bob Andrews reading from Article XVIII, Section 1.2 on Page 25 of the Zoning Ordinance: "Temporary Signs: A temporary sign pertaining to the lease, rental or sale of ,premises or structure located thereon is permitted in all districts when located on such premises or structure. Such signs shall not be lighted, and shall not exceed fifteen (15) square feet in area. No permit is required." Steve Simonson then read from Article XVIII, Section 1.3 on page 25 of the Zoning Ordinance: "Development Signs: "Ground .Signs" announcing or describing a legally approved subdivision or land development may be temporarily erected until the subdivision is completed. Such signs shall not exceed three hundred (300) square feet in area, and may. be indirectly lighted. Signs having flashing or moving parts, are not permitted." Discussion among the Commission members determined that Section 1.3 on Page 25 of the Zoning Ordinance applied to this situation. David Allen commented on the length of time mentioned in-the letter from Vaughan Homes (sign will be removed when the subdivision is complete) and indicated. that amount of time is too long. David Allen also commented he thought in all' fairness we should not allow a lighted sign. Chairman Yarling pointed out it is conformance with the Ordinance and that's what we have to address.- whether to allow it or not. David Allen made the statement that .Vaughan is the developer and the builder and Chairman Yarling affirmed that statement. Donald Wilson, saying we should specifically note the indirect lighting requirement to Vaughan Homes, made a motion to approve the request from Vaughan Homes to erect a temporary development sign for Greenshire Oaks Subdivision-fora period of twelve (12) months with additional extensions based upon a requested year by year basis or until there is a 75% buildout of the subdivision. David Allen seconded the motion and the vote was as follows: AYES: T. Yarling, J. Harden, M. Willman, T. Brisgill, D. Allen, D. Wilson NAYS: None ABSTENTIONS: B. Andrews Motion carried. #10 CONSIDER AND MAKE RECOMMENDATION: Specific Use Permit - #86-1 Chairman Yarling reminded everyone in the room that the Commission will receive no more comments from the public. (5) r. Donald Wilson commented he was impressed by .t he public. hearing meeting. Mr. Wilson said. he felt it was very professional and that information from both sides was well conveyed. Mr. Wilson went on to say the procedure of having those who wanted to speak-sign in was both professional and equitable. David Allen, looking over the petition signed by Oak Forest residents and passed out during the public hearing by Doris Courtney, made several comments: - (a) They say there is a precedent that the City does not allow churches in residential area. Mr. Allen asked since when, stating most of the churches are in a residential area. (Merwin Willman commented the Council did disapprove a church on the south side of town, but he was sure there was more to it than just being in a residential area.) (b) They claim the City will need to provide extra police protection. Mr. Allen commented it would have to be a pretty rowdy church. (c) They also make comment on the need for fire protection. Mr. Allen said we have to provide fire protection anyway. (d) They mention the need for availability of water services. Mr. Allen said water services would have to be provided anyway. David Allen said he felt the real problem here for the residents of Oak Forest is still the traffic situation. Merwin Willman informed the Commission that since a petition had been signed, even though it had not been filed with the City Secretary, there is a section in the Zoning; Ordinance which may have some bearing on this particular request.. Steve Si+monson read' from the Zoning: Ordinance, Article XI X', Section 4.T, Para- graph 2 on Page 3Y: "In eases when the Planning and Zoning: Commission's recom.- mendation against proposed specific use permit or amendment, supplement, change, or repeal: of the regulations or restrictions of the Zoning. Ordinance or the boundaries of the District Map herein established', or when a written protest against an amendment under consideration is filed with the office of the City Secretary and signed by the owners of twenty percent (20%) of .more either of the area of the lots included in such proposed change or those immediately adjoining the same and extending two hundred (200) feet therefore from such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the City Council." Chairman Yarling pointed out our-only concern is to either approve or disapprove the request. Bob Andrews asked Steve Simonson if he found out anything on traffic as far as arterial roads and minor streets. Steve Simonson said .basically the streets in Oak Forest are minor streets and through traffic is to be discouraged. David Allen remarked that regardless of what happens there are still only two ways to ingress and egress. There was discussion on how the area is zoned with Merwin Willman saying it is zoned R-2, and also discussion on how many homes are already built in the subdi- vision with one of the citizens present saying there are 58 homes already built. (6) Chairman Yarling questioned the size of the membership at the Baptist Church and indicated he had not noticed a traffic problem there. Steve Simonson said he thought their membership was somewhere around 400 people. David Allen commented that he had never seen a traffic problem at the Methodist .Church. Merwin Willman remarked you do not go through a residential area to get to the Methodist Church, but David Allen said yes you do. There was a brief d iscussion on the Baptist and Methodist Churches in regard to the minor and .arterial streets surrounding them. David Allen asked if Circle Oak feeds into Golden Oak and if Golden Oak dead ends. Steve Simonson replied yes to both questions. Ty Brisgill asked if there was any input from the Department heads. Steve Simonson replied their main concern is the traffic since FM 3009 is a 55 MPH zone with no traffic signals at the intersection leading into Oak Forest. Ty Brisgill asked if there was any concern about the drainage problems and Steve Simonson replied there will be a major renovation on Crest Oak to alleviate the drainage. Bob Andrews read from the Zoning Ordinance, Article XX, Section 1.2, Page 32: "Development Standards Required: The Planning and Zoning Commission in consider- ing and determining their recommendation and the City Council in considering any request for a: Specific Use Permit may require from the applicant, plans, infor- mation, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed." Mr. Andrews said the New Creation Christian Fellowship had not provided the Planning and Zoning Commission or City Council with the data, plans, information, etc. required. Bob Andrews also remarked we are looking- two years down the road at the completion of the first building which must mean we are looking at approximately one year before the start of construction. In reference to those observations, Mr. Andrews also read. from the Zoning ordinance, Article XX, Section 1.8, Page 33: "Develop- ment: Following the issuance of a Specific Use Permit, the Building Official shall insure that if the development is undertaken., it is completed in compliance with said permit. However, if a Specific Use Permit has not been used within six (6) months after the date granted, the permit is automatically cancelled Mr. Andrews pointed out that according to this if we issued a Specific Use Permit, it would be null and void before construction starts. David Allen commented he thought there probably was a way to get around the six- month time period. Donald Wilson said he thought the New Creation Christian Fellowhhip had explained their Five-Year Plan. David Allen said he was in sympathy with the property owners insofar as they feel they have not gotten what they were promised for the frontage of Oak Forest Sub- division. However., as David Allen pointed out, that is between them and the developer and. is not a consideration in this Specific Use Permit request. David Allen remarked he could think of nothing nicer to have in your neighborhood than a church. Mr. Allen went on to say those wanting to build the church have indicated their desire for cooperation with the City and the residents and he personally saw no objection. (Z) Bob Andrews commented his objection was not that it's a church but rather the. amount of acreage involved and. just giving Carte Blanche on that acreage. Chairman Yarling pointed out the permit could go building by building. Bob Andrews commented the water system will have to be furn fished and residentia l dwellings would provide more money to offset the cost of this water system. David Allen noted the City is getting nothing now. Bob Andrews responded to that by saying the City needs the tax base to draw revenue for streets, etc. Donald Wilson said he felt the size and acreage of the property have nothing to do with the concern of the Planning and Zoning Commission and that the size and acreage are not valid criteria for disapproval. Mr. Wilson said what we-need to do is use our political and physical clout to get the widening of FM 3009 to the top of the pile. Chairman Yarling asked Pastor Copeland if they had any luck in obtaining an ease- . ment to get access through to IH 35. Pastor Copeland replied they had talked to the Ripps and at this point, it was still in discussion. Ty Brisgill asked Steve Simonson if there is a possibility of extending the 30 foot bridge to 60 foot. Mr. Simonson replied the majority of minor residential roads in the City are already built to 30 feet and the City has no plans to improve except to meet the drainage requirements. There was more discussion on the traffic problem with Chairman Yarling asking if there was a traffic analysis available. Steve Simonson replied only a partial analysis, but he would check on it further and he could' take a: traffic count of h,is own this weekend'. Donald Wilson commented no matter what is built there, you're stil!1! going; to have a choke point as far as traffic and' we need to have some foresight. Chairman Yarling reminded the Commission that when the Schertz Parkway is completed it should help alleviate some of the traffic on FM 3009. .Chairman Yarling said he would like to see more feedback from the Staff on traffic. Bob Andrews suggested the request for the Specific Use Permit be tabled until the next meeting so we can get some feedback. Merwin Willman said he agrees, but he is also concerned about the 43 acres and would like to see a Master Plan. James Harden agreed on needing a Master Plan. Mr. Harden pointed out-they indi- cated at the public hearing they would be building three facilities - (1) a building for worship, (2) a gymnasium, and (3) a learning facility, and he feels 43 acres is a lot of land for these three buildings and we need to know what their plans are for the .rest of the. land. Bob Andrews made a motion to table Item #1O CONSIDER AND MAKE RECOMP1ENDATION: Specific Use Permit - #86-1 until the next regular meeting scheduled for November 25, 1986. Merwin Willman seconded the motion and the .vote was. unanimous in favor.. Motion carried. (8) #11 GENERAL DISCUSSION Ty Brisgill had a list of things to call to the attention of Steve Simonson and the Commission: (1) He commented. (according to the minutes) on the numerous times he had asked about the signs for Woodland Oaks and had been told they were ordered. He wanted to know when they were ordered and when they are expected to be here. Merwin Willman suggested he ask City Council. (2) Mr. Gilmore had told him he would check on the legality of stopping building permits on second and third units of subdivisions when the first unit had not been accepted. He wanted to know if Mr. Gilmore had gotten an answer from the legal department. (3) He asked about the street light at .Witten and Dimrock. Steve Simonson told him he was trying to find out from CPS. (4) He wanted to know if anything could be done about getting barricades or reflectors on the north side of Dimrock at the culvert. (5) He asked Steve Simonson if he was aware that Greenshire and Savannah Square are both in need of traffic signs. (6) He commented the bandit signs are not being placed 500 feet apart. (7) He asked if the "Thistle Creek" sign at Beck Concrete is kosher. Chairman Yarling informed the Commission that before too long they will be receiving a letter of resignation from Donald Wilson due to conflicting schedules between his employment and the Planning and Zoning meetings. Chairman Yarling asked that we include a notice with the water bills that we are looking for appli- cants and that we-pull previous applications. Chairman Yarling said he appreciated the professionalism of the Commission at the public hearing. Merwin Willman suggested we continue the procedure of having those who wish to speak sign in. #12 ADJOURNMENT Chairman Yarling adjourned the meeting at 9:27 P.M. The next regularly scheduled meeting is November 25, 1986. (9) _ _ _ . .