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02-18-1986 PLANNING AND ZONINu MINUTES The Schertz Planning and Zoning Commission and City Council conducted a Joint Public Hearing on Tuesday, February.l8, 1986 at 7:00 P.M in the Municipal Complex Council Chambers, 1400 Live Oak Road. Members present were as follows: PLANNING AND ZONING COMMISSION CITY COUNCIL THOMAS YARLING, CHAIRMAN EARL SAWYER, MAYOR BOB ANDREWS, VICE-CHAIRMAN HAL BALDWIN MERWIN WILLMAN CHARLES SHARPE ~TY BRISGILL ADOLPH AGUILAR DAVID ALLEN RAY STANHOPE DONALD WILSON KEN GREENWALD MEMBERS ABSENT JAMES HARDEN, SECRETARY CITY STAFF STEVE SIMONSON, PLANNING COORDINATOR NORMA 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. and turned it over to the Planning and Zoning Vice-Chairman, Bob Andrews. The minutes of this meeting are a duplication of the City Council minutes. #2 PUBLIC HEARING: Zoning Change #76 Request by C.P. Vaughan, Vaughan Homes, for rezoning of 10.113 acre tract now zoned R-5 Garden Home District and a 10.406 acre tract, now zoned R-2 Single Family Dwelling District. It is requested these two zonings be reversed. Property is located west of Dietz Road between Borgfeld Road on the south and East Live Oak Road. on the north. Both tracts of land are out of the G. Malpaz Survey No. 67. #3 PUBLIC HEARING: Zoning Change #77 Request by Charlie Kucherka to rezone approximately 2.7 acres out of the Toribo Herrera Survey, Guadalupe County from Office and Professional District to Neighborhood Service District. Said land is located along FM 3009 frontage between Deerhaven and Savannah Square to a depth of approximately 300 feet. The minutes of this meeting are a duplication of the City Council minutes. #4 GENERAL DISCUSSION There was none. i #5 ADJOURNMENT OF PUBLIC HEARING Vice-Chairman Andrews turned the meeting back. over to Mayor Sawyer who adjourned the public hearing at 7:08 P.M. The Schertz Planning and Zoning Commission convened in a special session, upon completion of the Joint Public Hearing, in the Municipal Complex Conference Room. #6 CALL TO ORDER Chairman Yarling called the meeting to order at 7:16 P.M. #7 CITIZENS' INPUT OTHER THAN PUBLIC HEARING ITEMS ON AGENDA There was none. #8 CONSIDER AND MAKE RECOMMENDATION: Zoning Change #76 After a brief discussion, Merwin Willman made a motion to recommend to City Council approval of Zoning Change #76 - request by C.P. Vaughan to rezone 10.113 acres to R-2 and 10.406 acres to R-5. David Allen seconded the motion and the vote was unanimous in favor. #9 CONSIDER AND MAKE RECOMMENDATION: Zoning Change #77 Chairman Yarling asked if there were any comments from the Staff. Steve Simonson replied no but that he had received two negative letters back from property owners. Mr. Simonson said the main objection from the property owners was the possible increase in traffic at all hours if the location was rezoned Neighborhood Services, as opposed to Office and Professional which would also increase traffic, but. only during standard work hours. Steve Simonson informed the Commission that Charlie Kucherka had previously obtained highway permits for entrance onto FM 3009. Mr. Simonson commented, however, that we cannot allow three exits onto FM 3009 within the distance Mr. Kucherka requested. David Allen asked Steve Simonson, if in his opinion, Mr. Kucherka was asking . for rezoning so that he could build a convenience store_ Mr. Simonson replied yes. Merwin Willman commented he thought there should be some way of checking into the number of same types of businesses in the same zoning and also same way of controlling that number. Steve Simonson said that earlier in the day Richard Harris had given a verbal reply to this by stating that the City is in deep trouble if they try to con- trol the number of same types of businesses in the same zoning. Chairman Yarling remarked he thought economics would control that situation. Bob Andrews brought up the question of whether or not Charlie Kucherka had obtained Mr. Beck's written consent to use his driveway for ingress and egress *'o both pieces of property. Mr. Andrews said it was his understanding that :~harlie Kucherka had done so. There was some discussion on how the property happened to be rezoned Office. and Professional rather than Neighborhood Services. Merwin Willman commented that City Council had changed it and not the Planning and Zoning Commission. Steve Simonson read an excerpt from the City Council minutes of August 14, 1984 pertaining to Mr. Kucherka's original request for rezoning. Merwin Willman questioned whether all contingencies of the original rezoning approval to Office and Professional had been met and if not, whether it reverts back to the R-1 zoning. There was some discussion on convenience and auto parts stores not being allowed in Office and Professional zoning. Ty Brisgill asked how much frontage Mr. Kucherka has on FM 3009. Steve Simonson replied approximately 216' on each property. After more discussion, Merwin Willman made a motion to recommend we table action on Zoning Change #77 - request by C. Kucherka for rezoning of 2.7 acres from Office and Professional to Neighborhood Services - until the next meeting to give the Staff time to make sure all contingencies of the previous rezoning approval are cleared up. David Allen seconded the motion and the vote was unanimous in favor. #10 GENERAL DISCUSSION Steve Simonson reminded the Commission they had been given a copy of an alpha- beti cal listing of the Schedule of Uses covering PD, R-1, R-2, R-3, R-4, R-5 and MH. Donald Wilson said he would like to express his thanks to whoever was responsible for seeing that the "junkyard" in his neighborhood was cleared out. Ty Brisgill commented on the signs along FM 3009 advertising a shopping center in front of Savannah Square and asked Steve Simonson if he knew anything about it. Mr. Simonson replied he had been trying to get in touch with someone but so far had not been able to talk with anyone. Mr. Simonson said he would keep trying even if he had to send a letter. Ty Brisgill also noted that some of the billboards along IH 35 have stenciled numbers on them and asked if that was their permit number and if the permits are being renewed. Steve Simonson said that a letter had been written to all outdoor advertisers advising them that no more billboard permits would be issued as of January 24, 1985. - Mr. Simonson also said he knew that two of the billboards were up illegally and had apparently been put up over a weekend. Mr. Simonson told the Commission neither of the two illegal billboards has electrical power to them. Ty Brisgill asked if there had been a grace period granted for the "No Parking" in front of Bussey's Flea Market. Mr. Brisgill said he had noticed there were so many cars parked in front one weekend that you couldn`t see the signs. Steve Simonson said no there was no grace period and that tickets had been issued. Mr. Simonson also said the policemen involved in writing the tickets had endured an enormous amount of harassment. Merwin Willman pointed out the floodplain map now on the wall in the Conference Room . Merwin Willman also asked who was monitoring the areas taken out of the floodplain. There was some discussion on this and Steve Simonson cited the example of Windy Meadows. They had varied from the plat approved originally and had moved the floodplain and the City Engineer caught them. They are now having to rectify their mistake. Steve Simonson informed the Commission that the City is now making all acceptance inspections and calling in the City Engineer only far special cases. Merwin Willman commented that the cement plant on FM 1518 is filling up the stream.- There was some discussion on this and the fact that it's under the jurisdiction of the City of Selma. Bob Andrews asked Steve Simonson if he was at liberty to say who is interested in building another convenience store in Schertz. Mr. Simonson replied that he could say the location is Main Street and Live Oak Road across from Senior Circle on the Contreras property. Mr. Simonson also said that for various reasons he was trying to discourage a convenience store at that location, but. it is zoned General Business. The next regularly scheduled meeting is February 25, 1986. #11 ADJOURNMENT Chairman Yarling adjourned the meeting at 7:55 P.M.