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04-05-1988 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission and City Council conducted a Joint Public Hearing on Tuesday, 7:00 P.N1.. in the Municipal Complex Council Chambersi11400 Schertz Parkway. Those present were as follows: PLANNING & ZONING CITY COUNCIL BOB ANDREWS, CHAIRMAN TY BRISGILL, VICE-CHAIRMAN MAYOR EARL SAWYER KEITH VAN DINE, SECRETARY CHUCK SHARPE "'iERWIN WILLMAN HAL BALDWIN MARY MARSH RAY STANHOPE GEORGE VICK ADOLPH AGUILAR KEN GREENWALD MEMBERS ABSENT OTHERS PRESENT RANDY GROSSMAN CARL M. RILEY CITY STAFF MARTY MARTINEZ DENNIS SAWYER JIMMY GILMORE, CITY MGR. LUCID P. TORRES JUNE KRAUSE, CITY SECY. PATRICK LA COMBE STEVE SIMONSON, ASST. CITY MGR. MARK LA COMBE NORMA ALTHOUSE, RECORDING SECY. #1 CALL TO ORDER Mayor Sawyer called the meeting to order at 7:00 P.M. The mayor ' then introduced Ed Thorpe of the Randolph Field Rotary Club who .presented certificates. of appreciation for service to 'the community to Merwin' Willman and Chuck Sharpe and a plaque in appreciation of service to the community to Cecil Tilghman. All three men, Ed Thorpe said, were honored for their many hours of unselfish volunteer services. Mayor Sawyer then read a proclamation recognizing the 14th birthday of SAFES and declaring April 3rd through 9th as SAFES EMS Week. Mayor Sawyer next read a proclamation .announcing May 1st as VFW Loyalty Day - loyalty to flag-and country. After the the reading of the proclamations, Mayor Sawyer turned the meeting over to Bob Andrews, Planning and Zoning Commission Chairman. Chairman Andrews commented there are two items on the agenda scheduled. for a public hearing and then went on to explain the rules of procedure that would be used for such hearing. ~2 PQBLIC HEARING: Zoning Change #88 Tc receive input f rom the public on a request by the Knights of Columbus for the proposed rezoning of two lots: Lot 1, currently zoned Single-Family. ;Residential (R-2) to be rezoned to ;Neighborhood Services (NS) and Lot 2, currently zoned General 'Business (GB) and Single-Family Dwelling (R-2), be zoned to `General Business in it's entirety. (The front 200' of Lot 2 is already -zoned General Business and the request would be for an additional 94' to berezoned from Single-Family Dwelling to General- Business.) Lots 1 and 2 are located between Schertz Parkway and Pfeil Street and are bounded by two empty Lots on the north and south. Steve Simonson, Assistant City Manager, gave a brief presentation cn the location of the propcsed rezoning. Mr. Simonson reported that 31 letters had been sent out and that one had been returned in favor and one returned against the proposed rezoning, and he had received no other input. Patrick La Combe of Texas Construction Systems, Inc. then gave a brief presentaticn showing a drawing of the two"Lots involved and the exact location of the proposed rezoning. Mr. La Combe said the reason for the requested rezoning is so a hall can be built for the Knights of Columbus. Mrs. Leal of 804 Brooks asked what kind of business will be conducted at the hall and Patrick La Combe replied it will be for the Knights of Columbus to hold their business meetings, to play binge, and to rent out to the public fcr weddings, etc. Mrs. Leal then asked (1~ about the noise - Patrick La Combe said the functions will be held inside and there should be no with noise; ( 2 ) about traffic - Patrick La Combe said theyowill be using Schertz Parkway for the main traffic flow; and (3) about garbage - Patrick La Combe said they will have dumpsters and they will meet all City codes pertaining to garbage. Lorene Riffell of 716 Brooks asked about liquor in a location so near to a school and Chairman Andrews replied that the Knights of Columbus will have to meet the State and Federal laws pertaining to liquor. Dickie George of 820 Brooks asked about the noise level, and in particular the noise level of bands. Patrick La Combe replied that the type of construction of the hall should contain the noise level so there is no problem. Councilman Hal Baldwin asked if all the lot is going to be paved and Patrick La Combe replied-yes with the exception of the easement. Lorene Riffell spoke again, asking if they were planning on~ building any type of apartments on the property and Chairman -2- Andrews replied no - it had always been zoned Residential and nc one had built on it. Mrs. Leal then spoke again, asking about any possible screening fcr the lights from all the traffic.. Patrick La Combc replied he didn't foresee any worse traffic than what is caused by the ball games. Mrs. Leal stressed that she is concerned because her neighborhood is peaceful and she doesn't want the construction of the hall to disrupt that tranquility. Marty Martinez, Grand Knight of the Knights of Columbus, spoke at this time. Mr. Martinez said they will meet all the City ordinances, most of the activities will be on the weekends and will be required to have police protecticn, most of the traffic will be directed to Schertz Parkway, and he encouraged anyone to come see him if they have any problems and the Knights will make an effort to work things out. #3 PUBLIC HEARING: Zoning Change #89 To receive input fram the public or. the reconfirmation of zoning, and establishment cf the number of acres each zoning classification will .cover, for 850.53 acres from Predevelopment (PD) to General Business (GB), Mobile Home (MH) and Single-Family Dwelling (R-l, R-2 & R-5). This Land is bounded on the north by the Live Oak Hills Subdivision, on the south by East Live Oak Road, on the east by Deerhaven, Savannah Square and Woodland Oak Subdivisions, and by the western City limits. Steve Simonson, Assistant City Manager, gave a brief presentation on the location of the zoning to be reconfirmed. Mr. Simonson reported that 103 letter had been sent out and that five had been returned in favor and none returned' against the zoning. Mr. Simonson pointed out this is a reconfirmation of the zoning established in 1984. Carl Powers of 309 Lori Lynn asked if the folks on Lori Lynn could have an 8' fence like the people on Oak Street have so there's some kind of separation from the mobile home park. Mr. Worley of 213 Lori Lynn complained about the mobile homes saying threy move them right up to the easement and then some build on a deck and his 6' fence isn't high enough to obstruct the view. Bob Dietz of 908 Fawn Drive commented the map enclosed in the package to property owners must not be drawn to scale and Commissioner Merwin Willman verified it is not drawn to scale. Mr. Dietz also said his neighbor is here to request a cul-de-sac be put in at the end of Fawn Drive. -3- At this time Tom Jackson of 904 Fawn Drive spoke. Mr. Jackson said his is the last house on Fawn Drive and people are constantly- using his: driveway in order to turn around. Mr. Jackson r.~=quested-that the City put in a cul-de-sac at the end of Fawn Drl~°e . Tcm Jackson also said, in his opinion, there needs to be more than 5 acres zoned R=1. Mr. Jackson said he feels there should be more cf a separation between the larger homes and potential smaller homes that could be built, and 5 acres isn't enough of a buffer. Mr. Worley of 213 Lori Lynn spoke again asking why he hadn't received a letter in 1984 when the rezoning for the mobile home park was ~;•~ing discussed. Chairman Andrews replied that the same mailing list that was used for this public hearing tonight is the same as the one used for the public hearing in 1984. Councilman Ray Stanhope expressed his concern about the request for a fence for the people on Lori Lynn. Councilman Hal Baldwin expressed concern over whether or not more than 5 acres could be zoned as R-1. m4• GENERAL DISCDSSION There was none. #5 ADJO~IRNMENT OF PDBLIC HEARING Chairman Andrews turned the meeting back over to Mayor Sawyer who ~ adjcurn;ed the public hearing at 7:32 P.M. The .Planning. and Zoning Commission reconvened in a specia l session, after the public hearing, in the Municipal Complex Conference Room. #f CALL TO ORDER Chairman Andrews called the meeting to order at 7:42 P.M. #7 CITIZENS' INPOT OTBER THAN AGENDA ITEMS There was none. ~8 CONSIDER AND MARE RECOMMENDATION: A. Zoning Change #88 B. Consideration of Fence Variance A. Zonin Chanqe #88 Mary Marsh commented she could understand the lady's concern about the noise, but it doesn't look line anyone's close enough' for the the noise to effect them. -4- Chairman Andrews remarked there is a noise ordinance in the City of Schertz and the Knights of Columbus will have to comply with that ordinances. Mary Marsh also commented that' she; didn`t think the Knights shculd have made an overall commitment to never having outside activities because sometime they :may want to have a picnic and it will be outside. Chairman Andrews mentioned that, having previously lived on Brooks, he cculd foresee where possibly the lights from the traffic could cause a problem. Keith Van Dine indicated it could become a problem if they have too many functions. Ty Brisgill said the Knights could stress the use of Schertz Parkway to their membership. Patrick La Combe said the larger functions will have security, so the police can direct the traffic to Schertz Parkway. Chairman Andrews asked if it is in the plansi to have security lights and was informed it is in the plans. There being no further discussion, Merwin~Willman made a motion to recommend approval to City Council of the request for Zoning Change #88, as ..proposed, by the Knights of Columbus to rezone approximately 94 feet of Lot 2 from Single- Family Dwelling (R-2> to General Business (GB) increasing the depth of Schertz Parkway from 200 feet to 294 feet and to rezone the remaining acreage (Lot 1>, approximately 414 feet to Pfeil Street, from Single- ' Family Dwelling .(R=2) to Neighborhood Services (NS). Mary Marsh seconded the motion and the vote was as follows: ' Ayes: B. Andrews, T. Brisgill, K. Van Dine, M. Willman, M. Marsh Nays: None Abstentions: G. Vick Motion carried. Chairman Andrews informed Mark and Patrick La Combe and those present from the Knight of Columbus that if construction on the project is not started within one year from the date ~of City Council approval, the zoning will revert back to it's original status. Patrick La Combe asked about the platting of the property and was informed. to get together with Steve Simonson for that information. ' -5- 1 B. Consideration of Fence Variance Chairman Andrews informed the Commission the property will abut residential on two sides: Ty.Brisgill asked how much fence would be "required and Merwin Willman replied there is 414` on both sides.; Merwin Willman questioned whether or not a fence .would be necessary since we don't know if the properties on the other sides will develop. Chairman Andrews asked if they cauld require the Knights to put up a fence if in the future the properties on the other sides develop. The Commission concurred this was a good idea. Mary Marsh made a motion to approve the request for a fence variance until- such time as single-family homes are built adjacent to the property and requested the Knights provide a letter, at the time of the submission of the plat, acknowledging this condition of the approval. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. n9 CONSIDER-AND MAKE RECOMMENDATION: Zoning Change #89 There was only brief discussion about the comments made by some of the citizens at the public hearing regarding more R-1 zoning, the need for a cul-de-sac at the end of Fawn Drive and the need for a fence on Lori Lynn.. ' For the most part, the Commission felt there is enough R-1 zoning. and enough of a buffer for that zoning, that there is no need for a cul-de-sac at the end of Fawn drive, and that there is nothing in the ordinance requiring a fence on Lori Lynn, or nothing written in any documents indicating the developer was required to put up a fence, although it would be nice if there .was a fence there to allow more separation between the homes on Lori Lynn and the mobile home park. Ty Brisgill said his- recommendation was to reconfirm the zoning the way Merwin Willman had it outlined on the map. Mr. Brisgill`s only question was if°°there would be exact dimensions for the R-1 zoning so they know they have a buffer, .and Merwin .Willman suggested saying 5 acres west and adjacent to Deerhaven Subdivision from the width of Deerhaven to a depth of 5 acres. Chairman Andrews also mentioned he thought Merwin Willman had come up with a change to the R-2 zoning and Mr. Willman said approximately 32 acres of the R-2 had to be excluded because it was changed to PUD for the Sagemont Subdivision in 1985. -6- Merwin Willman made a motion to recommend approval to City- . Council of Zoning Change #89 - the reconfirmation of zoning, and establishment of the number of acres each zoning classification will cover, for the 800+ acres surrounding .the Schertz Parkway as follows: (1) From PD to GB, approximately 180.:35 acres from the center Line of the Schertz Parkway to 500 feet on either side of the Schertz Parkway from the north side of the Live Oak Estates. Subdivision south to East Live Oak Road; on the east side of Schertz Parkway between Maske Road and East Live Oak Road all the acreage between Schertz Parkway and Maske Road. (2> From PD to R-1, 5 acres west and adjacent to Deerhaven Subdivision from the width of Deerhaven to a depth of 5 acres. (3) From PD to GB, approximately 36.221 acres from the Cibclo Creek east and north of the Schertz Business Park. (4) From PD to MH, approximately 38.699 acres east of the above acreage zoned GB and north of Parkland Subdivision. (5) From PD to R-5, approximately 44.5 acres east of the acreage above zoned MH. (6) From PD to R-2, approximately 513.76 acres, remainder of 850 acreage, excluding approximately 32 acres which was zoned PUD (Sagemont Subdivision - September 5, 1985). . Mary Marsh seconded the motion and the vote was unanimous in favor. Motion carried. ~1Q CONSIDER AND TARE APPROPRIATE ACTION: Discussion on Letter Received from Dannenbaum Engineering Corp,. Requesting a Variance to Allow the Use of Private Streets in Scenic Hills Chairman Andrews asked Steve Simonson for any input. Mr. Simonson informed the Commission Scenic Hills is where U.S. Homes is putting the last of it's money. They would like to continue with restricted access to the subdivision and are asking for a variance to allow private streets. Mr. Simonson went on to say the City has a little. problem with this because of Northcliffe possibly someday coming into the City, but he doesn't know just how you would split it off. Steve Simonson. said he just wanted to run this by the Commission so they are aware of it. Mr. Simonson further stated Dannenbaum wil l be .coming in with a plat and he just wanted the Commission to get a background on it. There is no decision required tonight. Chairman Andrews said the first question that comes to his mind is are they requesting a variance to allow private streets for' security purposes or do they just want to build narrower streets. -7- Merwin Willman commented they sent an almost similar letter on November 6, ?985 and the Commission approved the request. Merwin 61Tillman said one condition the City made when -this alp started was that oven though they may Dave private streets, they do have tc .lect City standards. K.~ith Van Dine asked if the City has a problem with private strc_ets as long as they meet City standards. Steve Simonson remarked the only thing would be that the City caould pay much more attention to the construction of the streets tc make sure they are built correctly. ^~r. Simonson went cn to say there have been some pr•~blems in that area with the private streets that have a lot to do with utility construction, and the City has buoomo oaport`cn utility construction and knows what 1•roblems to look for, F~eith Van Dine asked about law enforcement cn private streets, if t)zo police vehicles are allowed tc travel cry them. Steve Simonson said that area out there is a county area, but it would wcrlr Iik_e Pecan Grcvc Mobile Home Park - even though they may be pr~.vate cr restricted streets, the police and emergency vehicles have tc be allowed to travel en them. Keith Van Dine asl~ed if they understand that if some day they should be annexed into the City, the streets will no longer be .private. Chairman Andrews responded to that by saying it may be a long while before that would happen, and by then things may; change. X11 GENERAL I?ISCOSSION Ty Brisgill asked if when there is a request on the agenda, the present zoning of the property involved in that request could be listed. Steve Simonson replied yes it could be listed. Ty Brisgill informed the Commission he will be unable to attend the meeting on April 12th. Merwin Willman brought up the following: (1) What's the status of the business at 302 Aero (Schriver Tax & Accounting Service)? Is it legal and if sc, did they get a home occupation permit? Steve Simonson replied according to the ordinance it is permitted as a home occupation and he had asked the Inspection Department to check on it. Mr. Simonson said he will check again. (2) At 306 Winburn they are apparently running an unauthorized business because there's about 75 lawnmowers in the backyard. (Chairman Andrews had even brought a clipping out cf the paper -8- advertising used lawn mowers .at that address.) (Steve Simonson said he would check on it.) (3) What.'s the status of the RV lots being advertised in Pecan Grove Mobile Home Park? (Steve Simonson- said a letter had been sent and the owner has a certain amount of time to comply or come in and request a variance.) (4) What about the school zone on FM 78? (Steve Simonson said he had spoken with the powers to be.) Mr. Willman said he woudl .bring it up to City Council. George Vick commented Steve Simonson had already answered one of his question about it being legal for someone to build a two- story building in their backyard. Mr. Vick also noted that the cofferdam at the railroad bridge on FM 78 continues to grow. Keith Van Dine brought up the following: (1) Do we have a vacancy on the Commission? (Steve Simonson replied that Randy Grossman's wife had called to say he wouldn't be coming to anymore of the meetings, but there has been no . official letter of resignation from Randy.) (2) Said he had. noticed someone working on the "Welcome to Schertz" sign on FM 78 and wondered who was in charge of the £ project. Merwin Willman informed him Councilman Sharpe is in charge. (3) Told Steve Simonson he had noticed a dumpster out in ;the Schirmerville area. Mr. Simonson said it had~been placed there for the annual Spring Clean-up. When Mr.~ Simonson asked him if it was still there, Keith Van Dine said he wasn't sure and wondered if they would be placing another one in the area because that one was full. Mary Marsh asked Steve Simonson if he has any dimensions yet on the widening of Jack Hays Boulevard. Mr. Simonson said he had spoken with Dale Stein of the Highway Department, but he doesn't have any dimensions yet. X12 ADJODRNMENT Chairman Andrews adjourned the meeting at 8:38 P.M. The next regularly scheduled meeting is April 12, 1988. -9-