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02-09-1988 PLANNING AND ZONING MINUTES « The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, February 9, 1988 at 7:00 P.M. in. the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN MARK LA COMBE TY BRISGILL, VICE-CHAIRMAN PATRICK LA COMBE KEITH VAN DINE, SECRETARY JOSEPH D. MARKS MERWIN WILLMAN TIM KNOTTS RANDY GROSSMAN LEE BOSWELL MARY MARSH EDWARD N. MERY KEN GREENWALD, COUNCILMAN CITY STAFF MEMBERS ABSENT STEVE SIMONSON, GEORGE VICK ASST. CITY MGR. ' NORMA.ALTHOUSE, .RECORDING SECY. #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session January 26, 1988 Ty Brisgill made a motion to approve the minutes for the regular session January 26, 1988. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Preliminary and Final Plat Approval - Good Knight Subdivision Mark and Patrick La Combe were at the meeting to represent this item. Chairman Andrews asked what date the Specific Use Permit had been approved by City Council. (It was approved by City Council 7-21- 87 . ) Merwin Willman commented that he thought everyone should read the minutes of the public hearing and special session of July 7, 1987 (copies of which had been distributed to the Commission) before proceeding with discussion on this item. In those minutes, the recommendation from Planning and Zoning to City Council for approval of the Specific Use Permit contained the following provisions: (1) Construction on Phase I (Assembly Hall) must begin within six months from the time the Specific Use Permit is authorized by City Council. (2) The road from Schertz Parkway to Pfeil Street must be completed and dedicated to the City before a Certificate of Occupancy will be issued for the Assembly Hall. (3) Upon completion of Phase I there is a six.-month time limit to start construction on Phase II (Day Care Center) if it has not already started. There was a brief pause while the Commissioners read the minutes and then Chairman Andrews asked Steve Simonson if there was any Staff input. Mr. Simonson replied there are four administrative items that need to be corrected and/or added to the plat, but the City Engineer sees no problem with the plat. Mr. .Simonson went on to say the City Staff has no problem with the plat, but the situation with the road must be addressed. Patrick La Combe informed the Commission the original plan was for a three-phase development - (1) the Knights of Columbus hall, (2) a day care facility, and (3)an area for future commercial development, and there would be a road put in from Pfeil Street to Schertz Parkway which would be dedicated to the City. Mr. La Combe stated the Knights are now unsure of their money and the plan has been revised to conserve dollars. The revisions to the plan include a 30' easement instead of a road, moving the hall building forward to Lot Z, moving the day care facility back to Lot 2, and possibly selling the area designated for future commercial development. Chairman Andrews then asked Patrick La Combe if it has now . changed from a three-phase development to a two-phase development and Mr. La Combe said the basic intention now is to build only the hall. Steve Simonson informed Patrick La Combe that the matter of the road would still have to be addressed. Mr. Simonson said if it's going to be a 30` driveway, then okay, but not a 30' road because a road will have to be 50' right-of-way. Chairman Andrews noted there will have to be a road all the way through or nothing, a 30' easement cannot be dedicated. Merwin Willman remarked they could show ingress and egress, put in a parking lot, and eliminate the road on the plat. Patrick La Combe then asked if they don't decide to sell the back section and do eventually build there, will a road be needed and Chairman Andrews replied yes it will. -2- Mark La Combe commented that the front is not large enough for a big building and they can't get an easement from the adjoining property owner. Merwin Willman observed that maybe they need to go back to•the beginning and start again since restrictions were set in when the Specific Use Permit was authorized and there have been lots of changes in the plan since July. Chairman Andrews :pointed out that they must have a road going through there to comply with the restrictions of the authorized Specific Use Permit. Mary Marsh remarked there doesn't seem to be any choice as far as the Commission's decision. Merwin Willman reminded the Commission the Specific- Use Permit authorization expires at the -end of six months if building has not begun. Chairman Andrews asked if another public hearing will be needed.. Ken Greenwald said the best thing to do would be turn this plat down and have them bring in another one. Chairman Andrews told Mark and Patrick La Combe they should start back at square one, there will need to be a public hearing for another Specific Use Permit for building just the hall on Lot 1. Merwin Willman made a motion to disapprove the preliminary and final plat for the Good Knight Subdivision due to the expiration of the Specific Use Permit. Mary Marsh seconded the motion and the vote was as follows: Ayes: T. Brisgill, K. Van Dine, M. Willman, R. Grossman, M. Marsh Nays: None Abstentions: B. Andrews Motion carried. ~5 CONSIDER AND TAKE APPROPRIATE ACTION: Joseph D. Marks - Request for Variance to the Ordinance Regulating Enclosure of a Junk or Salvage Yard Joseph Marks was at the meeting to represent this request. Chairman Andrews reminded the Commission this item had been tabled from the previous meeting. Mr. Andrews also informed the Commission he had sent a letter to Joseph Marks requesting the following information: (1) Specify exactly what kind and how much of a variance needed. (Mr. Marks is requesting a variance from the requirement for a 8'-10' fence so he can use the 6' cyclone fence currently there -3- and a variance to the requirement for the premises to be entirely enclosed because. the contour of his land, which is is the flood zone, makes it impractical to construct fence any farther than 100' down each side and he feels that beyond that 100' the natural shrubbery fence should meet the necessary requirements.) (2) Furnish a survey of the property showing the length and depth for which a variance is requested. (Mr. Marks said he does not have a survey, but he does have the measurements from the deed which indicate the property is 1010' feet along the front and approximately 408' down each side.) Steve Simonson pointed out that only 190' of Mr. Marks:' property off FM 1518 is within the City limits. (3) List the date of :occupancy as to when the business was established. (Mr. Marks said the date of occupancy is April 27, 1983.) There was some discussion as to whether the current fencing meets with the requirements of the ordinance and. Merwin Willman commented that if the shrubbery is kept thick enough to obscure the view of the wrecked vehicles, then it will comply with the ordinance. There was also discussion on the height. with Ty Brisgill observing that the trees are higher than 10', discussion on filling in bare spots, and discussion on something such as lattice work at the gates to help obscure the view. Merwin Willman reminded the Commission they are only making a recommendation to City Council. Merwin Willman made a motion to recommend City Council give favorable consideration to the request from Joseph D. Marks for a variance to Ordinance 87-H-25 "Enclosure of a Junk or Salvage Yard" by allowing the 6' cyclone fence and natural shrubbery fence in place of the required 8' fence with the provision that Mr. Marks maintains solid shrubbery fence along the frontage, fills in bare spots, and takes action to obscure the gates with something such as lattice work. Mary Marsh seconded the motion and the vote was unanimous in favor. Motion carried. ~6 CONSIDER AND TARE APPROPRIATE ACTION: Vaughan Homes - Request for Temporary Placement of Additional Signs Along Jack Hays Boulevard Lee Boswell was at the meeting to represent this request. Chairman Andrews asked for Staff input and Steve Simonson said there was none. -4- Lee Boswell informed the Commission an eventa similar to the annual Parade of Homes is being held from February 27 through March 13 and Vaughan Homes is planning to participate with open house at the Greenshire Oaks Subdivision. Mr. Boswell said they are requesting additional signs for the weekends of February 27 and 28, March 5 and 6, and March 12 and 13. Mary Marsh asked how many additional signs and Lee Boswell replied ten. Lee Boswell commented there will be lots of newspaper, radio and television advertising. Merwin Willman asked .Lee Boswell what type of people will be- coming out to the- open house and: Mr. Boswell replied buyers, builders, and probably real estate agents. Lee Boswell remarked he would like to have some kind of handout about the City of .Schertz available at the open house. Steve Simonson said he would provide Mr. Boswell with some type of a handout. Ty Brisgill stressed the .need for dialogue with the other .builders along Jack Hays Boulevard to let .them know what's going on or else everyone will be putting out ten additional. signs on . the three weekends. Chairman Andrews. asked where the signs will be displayed and Lee Boswell replied along Jack Hays Boulevard from IH-35 to FM 78. Mary Marsh made a motion to recommend approval of the request from Vaughan Homes for temporary placement of ten (10? additional signs along Jack Hays Boulevard on the weekends of February 27 and 28, March 5 and 6, and March 12 and 13. Mrs. Marsh also requested in the motion that a letter be sent to the other developers informing them of this event and to preclude any trouble developing because of the additional signs. Merwin Willman seconded the motion and the vote was as follows: Ayes: T. Brisgill, K. Van Dine, M. Willman, R. Grossman, M. Marsh Nays: None Abstentions: B. Andrews Motion carried. ~7 CONSIDER AND TARE APPROPRIATE ACTION: Discussion on List of Questions for Use During the Interviews of Planning and Zoning Applicants Each member had received a consolidated copy of the questions written up by three of the Commissioners. Chairman Andrews said he would like to commend those who put together the questions. Those three are Mary Marsh, Keith Van Dine and Merwin Willman. -5- There are twenty-seven questions, and overall t$e Commission felt they are very good questions. Randy Grossman did comment on question No. 19 "Could you put aside your personal convictions and beliefs and vote for something that the majority of the Commission felt would be beneficial to the City?" by saying he disagrees with the wording of the question because he does not feel any individual should have to give up his personal convictions and bow to the majority. Chairman Andrews told Raridy Grossman he thinks it is a matter of interpretation, that the Commission is not asking anyone to give up .their personal convictions, just asking if they. would be able to go with what the majority feels is best for the future of the City. #8 GENERAL DISCO$SION Chairman Andrews commented that Joseph Marks, in his request, had • brought up some things about development in a flood hazard area that he feels the Commission needs to .take action on as they and City Council see fit. Mr. Andrews was concerned about the liability to the City and Randy. Grossman voiced his concern about. possible water contamination from oil out of cars leaking into the Cibolo Creek.. It was decided that a letter should be'written to Jimmy Gilmore, City Manager, expressing these concerns and. Chairman Andrews asked Steve Simonson if he .would write this letter. Mr. Andrews said then the City Manager could decide who he thought should receives a copy of the letter. Chairman Andrews asked if the people working on the railroad bridge have said when they will be finished and Steve Simonson replied no they have not. Mr. Andrews said he is concerned about flood conditions arising before the work is completed. Mr. Andrews also asked who is responsible for initiating the work and Steve Simonson said the Army Corps of Engineers, the Texas Water Commission and FEMA. Chairman Andrews requested that Steve Simonson try to find something out if he could about when they expect to be finished. Chairman Andrews congratulated Mary Marsh on the good attendance at the public hearing on the widening of Jack Hays Boulevard. Mary Marsh said the good attendance was the result of the work of about fourteen people who are forming the nucleus of the Citizens' Awareness Group. Mrs. Marsh said they were very disturbed at the speaker's attitude about citizen's concerns and as a result of that are. preparing a letter, as a guide for all subdivisions, to be signed and sent to State Representative Edmund Kuemple and to Dale Stein of the Department of Highways and Public Transportation. Mrs. Marsh further stated that one of the things they will be trying to achieve is the reduction of the speed limit right now from 55 mph to 45 mph. -6- Ty Brisgill wished Steve Simonson a Happy Birthday. Merwin Willman brought up the following: (a) Asked for the names of those Commissioners who do not have name tags, (there were 3 - Randy Grossman, Mary Marsh, George Vick) saying they need to be ordered. (b) In referring to the APA national conference to be held in San Antonio in April, said it was expensive and there was nothing he was interested in attending.-(Mary Marsh commented maybe we could send just one person.) (c) Asked who needs a copy of the. "Language of Zoning" and determined that three need to be ordered. (d)-Asked that discussion of the types of zoning of .the 800 acres. surrounding the Schertz Parkway be placed. on the next agenda. (At this time.Mary Marsh, in referring to Joseph Marks' request,' askedif other .junkyards were notified- of the ordinance and if there is a procedure for notifying businesses when new ordinances are. passed. Steve Simonson said he would check into it.) (e) Said the updating of the City Plan needs to be placed on a future agenda. (Mary Marsh commented we need to obtain copies of other :City Plans to look at for comparison.) Ken Greenwald reminded everyone of the auction and dance on February 13th at the Community Center to benefit the library and the Humane Society. Ken Greenwald also mentioned that Tom Fox of the Edwards Underground Aquifer Water District will speak at the City Council Workshop on February,lOth. Steve Simonson advised the Commission that if they have the time to attend, the presentation by Tom Fox should be very interesting. Mr. Simonson said the Edwards Aquifer has an impact on the destiny of the City of Schertz and also noted that the City Engineer will be at the workshop with some information. Mr. Simonson went on to say that a couple of things he would like to know is how big is the Aquifer and how is it recharged. Ken Greenwald commented that the recycling of waste water has been considered. Randy Grossman remarked that maybe it's time to put some restrictions on the developers as far as installing some means of water conservation in their new houses. Ken Greenwald observed that the only problem with that suggestion is that most of the things the builder could install, the average citizen could remove. -7- Steve Simonson stated that the City of Schertz pis a major player in the Aquifer situation and yet we have no one on the board. There was some discussion on new wells and Keith Van Dine asked if you can dig your own personal well. Steve Simonson replied that you would need a permit. #9 ADJOURNMENT Chairman Andrews adjourned the meeting at 8:34 P.'M'. The next regularly scheduled meeting is February 23, 1988. -8-