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03-13-1990 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regula r session on Tuesday, March 13, 1990 at 7:00 P.M. in the Municipal Ccmplea Conference Room, 1400 Schertz_ Parkway. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN TOMMY ZIPP, JOE- POTEMPA, VICE-CHAIRMAN TOWN & COUNTRY REALTORS KEITH VAN DINE, SECRETARY KENNY VAUGHAN, MERWIN taILLMAN DIAMOND SHAMROCK . BOB ANDREWS PAT GAUNT GEORGE VICK MIKE DOMGARD JIM SHRIVER ED FORD, COUNCILPERSON KEN GREENWALD FORD ENGINEERING, INC. CITY STAFF STEVE SIMONSON,~ASST. CITY MGR. JOHN BIERSCHWALE, SUPERINTENDENT WATER/WASTEWATER DEPT. NORMA ALTHOUSE, RECORDING SECY. #1. CALL TO ORDER Chairman Brisgill called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session February 27, 1990 Merwin :Willman made a motion to approve the minutes for the regular session .February 27, 1990. Keith Van dine seconded the motion and the vote was as follows: AYES: J. Potempa, K. Van Dine, M. Willman B. Andrews, G. Vick, J. Shriver NAYS: None ABSTENTIONS: T. Brisgill Motion carried. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS There was none. #4 CONSIDER AND TAKE APPROPRIATE ACTION: Final Plat Approval - Oak Manor Estates, Unit One (PC #163-90) Tommy Zipp, Pat .Gaunt and Mike Domgard were at the meeting to represent this request. Chairman Brisgill asked for Staff input. Steve Simonson reported that the utility easement on Lot- 2 is shown and the approximate location of the sewer main on Green Valley Road is shown.. Mr. Simonson pointed out this is not a dedicated easement and said the meter will probably have to be set for both lines. Mr. Simonson commented it will have to be a private water line, but that is no problem. In regard to the easement, George Vick -asked what happens if eventually the road continues on. Steve Simonson replied the water on Green Valley Road can_be tapped off either side. Chairman Brisgill remarked if the road is extended, the property owner could choose to dedicate the easement. Merwin Willman noted the 8" sewer main shown on Green Valley Road and asked the distance of it. Steve Simonson replied the 975.8' as shown on the plat. Bob Andrews questioned the numbering system on the plat (PC #163- 90) and said he thought the number for the preliminary plat should be different than the number for the final plat . Steve Simonson indicated there had been some problem in the past with different Master Plans submitted as far as using a number to track which plan was officially approved, but suggested that Mr. Andrews would be better off throwing the preliminary plat away since the final plat makes it obsolete and also the final plat is the one kept in the official file for the subdivision. Merwin Willman made a motion to approve the final plat for Oak Manor Estates, Unit One (PC #163-90). Joe Potempa seconded the motion and the vote was unanimous in favor. Motion carried. Steve Simonson informed the Commission he would send a letter to the Engineer notifying him of the plat approval, the plat will be signed after the meeting tonight and be recorded tomorrow. #5 CONSIDER AND MAKE RECOMMENDATION: Final Plat Approval - Diamond Shamrock at IH-35/Jack Hays Blvd. (PC #162-90) Kenny Vaughan was at the meeting to represent this request. Chairman Brisgill asked for Staff input. Steve Simonson reminded the Commission the only thing missing on' the preliminary plat was the flood plain statement and it has. been included on the final plat. George. Vick made a motion to approve the final plat for Diamond Shamrock at IH-35/Jack Hays Blvd. (PC #162-9.0). Jim Shriver seconded the motion and the vote was unanimous in favor. Motion. carried. -2- For the information of the Commission, Steve Simonson mentioned that this plat will not be recorded for a while until all the paperwork on the property has been completed. Mr. Simonson said this was' at the request of Diamond Shamrock and in mutual agreement with the City. Jae Potempa asked when Diamond Shamrock plans on .starting construction. Kenny Vaughan replied the final plans should be ready by this Friday and he estimates 70 to 90 days to get it built. Merwin Willman asked if this is going to be a company store. Benny Vaughan replied yes, it is a company store and pointed out it is a prototype of their new style of store. Chairman Brisgill thanked Mr. Vaughan for his time. Merwin Willman brought out the fact that in 1986 the Commission had approved a plat for this same area as Diamond Shamrock is building on and asked if the previous plat had been recorded. Steve Simonson replied it had not been recorded. Merwin Willman then asked what happens when there are two plats approved for the same area. Steve Simonson said if a plat is not recorded, it is not legal, if a previous plat has been recorded, then they have to vacate and replat. Keith Van Dine questioned if there's a time frame on platting (dc they have a given time in which to start construction?). Steve Simonson replied no there is not on platting, only on zoning. #6 CONSIDER AND MAKE RECOMMENDATION: Discussion of Impact Fee Policy Issue Worksheet Steve Simonson advised the Commission they have in front of them a well written document from John Bierschwale, Water/Wastewater Superintendent. (This document was included in each Commissioner's package.) . Merwin Willman, commenting on John.Bierschwale's document, said he had learned more in those six pages than all the other material they had covered regarding SB336. Bob Andrews complimented John Bierschwale on the superb job he had done on the fee policy study. George Vick, noting that wastewater is included in the study, commented the City doesn't have wastewater. Steve Simonson answered the City may have in the future and therefore is trying to include what it may cost. -3- Steve Simonson .asked John Bierschwale what the status is between the City and New Braunfels and Mr. Bierschwale replied they. are in negotiation for the 12" sewer main at the MKT Railroad. At this time the Con~~mission reviewed the Impact Fee Policy Worksheet using: the outline given to them by Rimrock Consulting - and the study given to them by John Bierschwale. (Rimrock had provided ari outline and John Bierschwale checked off those he . recommended for approval.) 1. Types of facilities to be included in the Impact Fee. Rimrock`s Outline: WATER WASTEWATER supply treatment treatment pumping pumping major collection lines storage approach mains major transmission lines impact fee study cost approach mains (non-exempt) impact fee study costs John Bierschwale Recommendation: WATER WASTEWATER x supply x treatment x treatment- x pumping x pumping x major collection lines x storage x approach mains (non-exempt) x major lines x impact fee study cost x approach mains x impact fee study costs The Commission agreed to accept John Bierschwale.'s :recommendations. 2. Pooled-utility versus geographically-specific costs and fees Rimrock's Outline: pooled-costs geographic-specific John Bierschwale`s Recommendation: x pooled-costs geographic-specific -4- Merwin Willman asked what pooled casts are and John Bierschwale explained it is when all costs, for every part of the City, are pooled together. Mr. Bierschwale also indicated that geographically-specific r_osts, where the cost is divided by zones, can be a paperwork nightmare. Chairman Brisgill remarked that the geographically-specific . method gives a more average cost and John Bierschwale answered not really. Mr. Bierschwale went on to explain that because .of everything involved in the geographically-specific method, the possibility is very: definite that extra personnel would be required. Keith Van Dine said it is his understanding the policy could be . re-evaluated, say after a year, if it is felt it is not working. Steve Simonson acknowledged that is correct. After the discussion, the Commission agreed with John Bierschwale's recommendations. 3. Basis for the fee charge. Rimrock's Outline: Use LUE as the Fee Basis? Allow City Engineer to consider and recommend fees in unusual utility service situations? Yes No Yes No John Bierschwale Recommendation: Use LUE as the Fee Basis? Allow City Engineer to consider and recommend fees in unusual utility service situations? x Yes No x Yes No There was some discussion on what an unusual situation would be, and John Bierschwale gave the example of an aluminum plant which would use an extraordinary amount of water per day. After the discussion, the Commission agreed with John Bierschwale's recommendations. J 4. Timing of fee assessment. Rimrock`s Outline: No fee assessment/collection esr_alato.r to be considered Fee assessment/collection esca.l.ator to be considered John Bierschwale`s Recommendation:. x No fee assessment/collection escalator to be considered Fee assessment/collection escalator to be considered . Merwin Willman asked what approach they would use on this and . John Bierschwale replied they would .stay with the same method they are currently using. After the discussion, the Commission agreed with John Bierschwale's recommendations. . 5. Timing of fee collection. Rimrock`s ©utline: Timing of fee collection (lines): Final plat Building permit Meter purchase Certificate of Occupancy Timing of fee collection (other facilities) Final plat Building permit Meter purchase Certificate of Occupancy John Bierschwale's Recommendation: Timing of fee collection (lines): Final plat x Building permit x Meter purchase Certificate of Occupancy Timing of fee collection (other facilities) Final plat x Building permit x Meter purchase Certificate of'Occupancy Bob Andrews questioned the determining factor between collecting the fee at the time of -meter purchase or at the time of issuing the building permit. Steve Simonson informed hTr. Andrews some of -6- the service is provided in the County area where a City building permit is not required, therefore that fee is r_ollected at the time of meter purchase. After the discussion, the Commission agreed with John Bierschwale`s recommendations. 6. Overall fee sizing. Rimrock`s Outline: Set fee at maximum Set fee at less than maximum; - specify amount (water) (wastewater) Give Council flexibility to set fee at maximum or anything less Other, please explain. John Bierschwale's Recommendation: Set fee at maximum Set fee at less than maximum; specify amount (water) (wastewater) _x_ Give Council flexibility to set fee at maximum or anything less Other, please explain. The Commission agreed with John Bierschwale`s recommendations. 7. Fee exemptions and waivers. Rimrock's Outline: No waivers or exemptions Council may waive fees only: In cases.of individual Council may pay fees on economic hardship behalf of any new To promote general development from non- economic development utility funds For septic tank cutovers Council may waive fees Other (please explain) . on behalf of any new development (passing Payment programs should be copsts to rate base) set up: In cases of individual economic hardship For septic tank cutover Other (please explain) -7- John.Bierschwale's Recommene~3ation: No waivers or exemptions Council may waive fees only: In cases of individual Council may i?ay fees on economic hardship behalf of any new x To promote general. development from ncn- economic ..development utility funds. For septic tank cutovers Council may waive fees Other (specify) on behalf of any new development (passing Payment programs should be copsts to rate base) set up: _ x In cases of individual . economic hardship x For septic tank cutovers The question was asked what a septic tank cutover is and John Bierschwale explained it is a cutover from a septic tank to a sewer line. After some discussion, the Commission agreed with John Bierschwale`s recommendations, however Chairman Brisgill asked that it be pointed out that on the item "Council may waive fees only: In cases of individual economic hardship" the vote of the Commission on this was 4 no and 3 yes. 8. Wholesale customers. Rimrock's Outline: Make no particular reference to wholesale customers. Exempt wholesale customers from payment for specified reasons. Assess a different fee for wholesale customers; specify Provide that it shall be th;e City's policy to revise its contracts with wholesale customers to charge them for new development in their service areas in a manner similar to retail customers. John Bierschwale's Recommendation: Make no particular reference to wholesale customers. Exempt wholesale customers from payment for specified reasons. Assess a different fee for wholesale customers; spec if y x Provide that it shall be the City's policy to revise its contracts .with wholesale. customers to charge them for new development in their service areas in a manner similar to retail customers. -8- The Commission agreed with John Bierschwale's recommendations. 9. Fire flow. ~Rimrock's Outline: No capital recovery fee for fire demand meters Fire demand meters subject to water CRF John Bierschwale's Recommendation: x No capital recovery fee for fire demand meters Lire demand meters subject to water CRF Chairman Brisgill asl~ed why no capital recovery fee for fire demand meters and Steve Simonson replied because there's no use on them except in cases of a fire. After the discussion, the Commission agreed with John Bierschwale's recommendations. 10. Offsets/credits. Rimrock's Outline: The ordinance should allow the City to enter into contracts with feepayers to construct/finance portions of the utility and receive fee offsets in return. The ordinance should not allow/provide for such contracts. John Bierschwale's Recommendation: x The ordinance should allow the City to enter into contra-cts.. with feepayers to construct/finance portions of the utility and receive fee offsets in return. The ordinance should not allow/provide for such contracts. The Commission agreed with John Bierschwale's recommendations. 11. Appeals. Rimrack's Outline: The applicability of the fee to a new development The. amount of fee due Availability or amount of fee offset or credit Amount of refund Other - Jahai Bierschwale's Recommenr3atimn: x The applicability of the fee to a new development x _ The amount of fee due x ~vai.lability or amount of fee offset or credit x. Amount of refund Other The"Commission agreed with Jahn Bierschwal.e's recommendations. Following completion of discussion on the Policy Fee worl~sheet, Chairman Brisgill asked that Councilperson Ken Greenwald convey to City Council the excellent job done by John Bi'erswchwale on this worksheet study. City Engineer, Ed Ford, reported to the Commission that he had just come from the public hearing in Converse on this same issue and that no citizens had showed up at the public hearing. ~7 GENERAL DISCUSSION Merwin Willman: (a) In the latest "Zoning News" there is an interesting article on buffer zones. (b) The amendment to the Sign Ordinance was approved by City Council March bth. Mr. Willman wasn't sure if Council had the final reading yet and Councilperson Greenwald informed him the final reading is on the agenda of tomorrow night`s workshop. {c) At the last City Council workshop there was some discussion on the signs at Payless and one of the. Councilman brought in some pictures of signs in east Texas and asked Mr. Willman to show them to the Commission. Mr. Willman did so. Keith Van Dine• {a) There are more potholes in the roads in Schirmerville. The water truck that comes out there is making a trench and also, when he turns on the valve to get his water, the pressure in the area gets very low. Jim Shriver: (a)_ Asked Keith Van Dine if he had gotten the history of the Boenig family. Mr. Van Dine replied he had forgotten all about it. Chairman Brisgill: (a) Asked what the thinking of Council was in changing the proposed location of the Sign at Payless on Borgfeld/Jack Hays -10- Blvd. and was informed Payless found they couldn't swing around and fuel their truck with the sign in the originally proposed location. tb) Regarding the review of the Overlay Districts - .would like Staff input on any problems. Also, requested the Commission write down any of their .comments andlor recommendations and have them for the next regular meeting at w}iich time the review of th.e Overlay Districts will be on the agenda. - Keith Van Dine inquired about the status of the census. Steve Simonson informed the :Commission that households should be getting their questionnaires sometime around the last week of March and should fill them out and return them as soon as possible. Mr. Van Dine related that one of the supervisors at TDC had put out a good letter encouraging everyone to participate in the census. Councilperson Ken Greenwald commented there have been articles in the newspapers, the City has put articles in the Newsletter, articles have appeared in the GVEC newspaper and a message has been included on the water bills. Steve Simonson told the Commission they will be asking for volunteers to train to help people answer the questions and x anyone interested should contact him or the City Secretary for further information. (c) The Buffalo Valley Jamboree will be held Sunday at the VFGV. ~r$ ADJOURNMENT Chairman Brisgill adjourned the meeting at 8:38 P.M. The next regularly scheduled meeting will be March 27, 1990. -11-