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02-09-1993 r- PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, February 9, 1993 at 7:00 P.M. in the Municipal Complex conference room, 1400. Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN A.L. GREAVES GEORGE VICK, VICE-CHAIRMAN MARK VAUGHAN OLIVER NELSON, SECRETARY MERWIN WILLMAN CITY STAFF KEITH VAN DINE BOBBIE VONADA STEVE SIMONSON, DAVID RICHMOND ASST. CITY MANAGER KEN GREENWALD, COUNCILMAN NORMA ALTHOUSE, RECORDING SECRETARY #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session January 26, 1993 Merwin Willman made a motion to approve the minutes for the regular session January 26, 1993. Bobbie Vonada 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 Plat Approval - Greenshire Estates Subdivision (PC #186-93) Mark Vaughan was at the meeting to represent this request. Chairman Andrews reminded the Commission this request had been tabled, as incomplete, at the January 12, 1993 meeting. Mr. Andrews then asked for Staff input. Steve Simonson informed the Commission he had spent some time with Ford Engineering to insure that the floodplain .statements on the plat were correct - that the property as is presented, is ,outside the floodplain. Mr. Simonson related that Ford Engineering, after review of the plat, has no problem with the floodplain statements. Chairman Andrews then asked Mark Vaughan if he had anything further to say. Mr. Vaughan commented they are prepared to do the-streets and get started as soon as the Commission approves .c the plat. _ • Mervin Willman asked if all the utilities will be in the front and Mark Vaughan replied the electric, cable and. telephone will - be in the rear and the water and sewer will be in the front. Mr. Willman then asked if there isn't going to be an island in 'the middle of the street similar to the one in Greenshire Oaks. Mark Vaughan answered there will be an island in the circle, 'but it is not shown on the plat. The Commission is looking at the property alignment, not the street alignment. The street will be 3 feet inside that property line. Mervin Willman pointed out there is no indication on the plat of the size of the streets and, according to the Subdivision Ordinance, it should be on there. Also, the City has a certain cul-de-sac radius requirement, and the dimensions of the right-of-way should be shown. Mr. Willman mentioned how the City has been burnt in the past by taking a developer's word that he will put something on the plat and then he doesn't, and the City has no proof when it's not in writing. Mervin Willman listed two other items that should be on the plat - statements about the potable water and about sewage collection. Mr. Willman also brought up the fact a variance will be needed for the private street. George Vick reiterated Mervin Willman's feelings about needing everything on the plat. Chairman Andrews told Mark Vaughan to look at the plat as if the street were not a private street. Mr. Andrews then commented on Note 4 on the plat regarding the Benchmark being a railroad spike in a 36" diameter Oak tree, and wondered if that's the same Oak tree used on the Woodland Oaks plat which turned out to be about 6" off and threw the whole plat off. Mark Vaughan, saying that is not his field of expertise, did not know. Steve Simonson related he will check with the Highway Department to see if they have respiked the tree. Mr. Simonson then acknowledged he had overlooked the fact the right-of-way dimensions were not on the plat, but noted the statement on potable water and sewage isn't required because the water and sewer are. already in place. Mr. Simonson did add, however, that there should be a statement on the plat concerning the entrance. Chairman Andrews stressed that the statement from the Homeowners Association should address how they intend to maintain the private street and the entrance gate. The City .needs to know what vehicle will be used to assure that -2- i maintenance does occur. - Mark Vaughan explained there will be a non-profit Homeowners Association and that information regarding the maintenance will ~be filed with the deed restrictions. - Steve Simonson suggested .adding Note 5 to the plat indicating there will be a mandatory Homeowners Association and they will be responsible for maintaining the private drive-and the entrance gate. Mark Vaughan then questioned how specific the drawing needs to be on the driveway and was told by Chairman Andrews they need to show the width and the radius of the circle. Mr. Andrews - also requested, along with adding Note 5, they furnish verification of the Benchmark. Bobbie Vonada, referring to the statement on the plat where it says Comal County and then goes on to say the owner of the land dedicates to the use of the public forever all streets, alleys, water courses, etc., asked if streets should be crossed out to make it legal. Steve Simonson replied no, that is a general statement on all plats, but he will ask Craig Hollmig to change the County from Comal to Guadalupe. Merwin Willman remarked they haven't covered the parkland fee yet. Mark Vaughan indicated Roy Richard may want to do some land trading in lieu of the fee, but if not would go ahead and pay the fee. Mr. Vaughan said he will find out for sure. George Vick made a motion to approve the preliminary plat for Greenshire Estates contingent on the plat showing the right-of-way dimensions, the radius of the circle, .and a statement about the mandatory Homeowners Association and how they will maintain the private drive and the entrance gate. Also requested is verification of the Benchmark and either the parkland fee or donation of land in lieu of the fee. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. #5 CONSIDER AND MARE RECOMMENDATION: Request from Alvin L. and Aileen H. Greaves to rezone a 6.6897 acre tract of land from Residential/Agriculture (R/A) to General Business (GB) -Alvin Greaves was at the meeting to represent this request. George Vick asked what businesses are in the area and Steve Simonson replied it is near Country Round-Up. Mr. Simonson further stated part of Mr. Greaves property is in the AICUZ, it is adjacen-t to the Clear Zone. -3- z .After establishing just where the property is located and that it is all in the AICUZ, in Zone 3 of APZ 1, and learning -that • Mr. Greaves had repossesed the property back from Mr. Sweeney who had put up several-buildings on the property, Chairman Andrews asked what's in the buildings. Alvin Greaves then related the various uses of the buildings. One is used by a race car enthusiast to build his race cars, one is used by a mechanic who rebuilds cars, one as a hobby shop, one as a fiberglass business, one as a woodshop and one as a storage shed. Mr. Greaves pointed out the fiberglass business is the only business there - the others are hobbies. Mervin Willman noted that in his request, Mr. Greaves asked for rezoning to commercial and wondered which commercial zoning he wants - Neighborhood Services, Office and Professional, General Business, or Manufacturing. Steve Simonson clarified that Mr. Greaves wants General Business. Mr. Willman then asked exactly how much land is being requested to be rezoned and Mr. Greaves answered 6.6897 acres. Mervin Willman inquired from Mr. Greaves if he intends to increase the amount of business and was told definitely not. Chairman Andrews complimented Alvin Greaves on the package he had given them saying he thinks he covered everything, but expressed some concerns about this being spot zoning because his property is right in the middle of the Residential/Agriculture zoning and not near any General Business zoning. Mervin Willman asked what it was that prompted this request for rezoning and Alvin Greaves replied the City discovered the fibergalss businesses did not have a Certificate of Occupancy. Chairman Andrews asked Alvin Greaves if he is aware, since this property is in APZ 1, Zone 3, there are certain documents pertaining to noise that the occupants must sign to indicate they are aware they are in the APZ. Mr. Greaves replied he is aware and will make sure everyone signs a form. Steve Simonson admitted Mr. Greaves has been very cooperative with the City in upgrading everything to City standards. Keith Van Dine brought up an interesting point. Mr. Van Dine wanted to know why, if the property was repossesed from Mr. Sweeney and Mr. Greaves never really lost ownership, it isn't still considered to be grandfathered from when it was annexed, and therefore, .doesn't require rezoning. George Vick asked what the legal staff has to say on this matter. - -4- Chairman Andrews recommended tabling this item until the legal staff has an opportunity to review it. Mr. Andrews did point out to Alvin Greaves, though, that in the event the property is ever sold,. it will be sold as Residential/Agriculture not General Business. Keith Van Dine made a motion to table the .request from Alvin L. and Aileen H. Greaves to rezone a 6.6897 acre-tract of land from Residential/Agriculture (R/A) to General Business (GB) until the legal staff has an opportunity to review the matter and advise on the question of whether or not, since ownership of the property didn't change, it is still considered grandfathered from when it was annexed and therefore does not require rezoning. Oliver Nelson seconded the motion and the vote was unanimous in favor. Motion carried. Steve Simonson told Alvin Greaves he would keep him apprised of any information they receive from the legal staff. #6 CONSIDER AND MAKE RECOMMENDATION: Proposed Street Name Change for Live Oak Blvd. (located in Live Oak Hills Subdivision) Chairman Andrews commented the Commissioners have in their packages the guidelines for changing the name of a street, a red-line drawing of the street taking it from Live Oak Hills Subdivision all the way over to FM 1103, and a copy of Merwin Willman's proposal for the street name change. In his proposal, Merwin Willman listed six major points as follows: 1. based upon plans for future streets and roads in the City, the name should be Wiederstein Drive; 2. this would give the City a major thoroughfare from FM 1518 to FM 1103; 3. present Live Oak Blvd. has a pavement area of approximately 20 feet and a right-of-way of 60 feet which would give the City a north/south major thoroughfare; 4. it is expected the portion of this thoroughfare from FM 1518 to FM 3009 would be within the next 5 years, and the portion from FM 3009 to FM 1103 in 10 years; . 5. a major thoroughfare like this could possibly be eligible for State funds; and, 6. this entire plan depends upon the cooperation of the cities of Selma and Cibolo. - -5- d Mr. Willman pointed out in his proposal he had discussed the name change with both Chairman Andrews and Planning Coordinator • `Steve Simonson. During discussion of this proposal, Chairman Andrews mentioned it was put on the agenda to get people thinking. Merwin Willman mentioned they will need to get City Council's blessing. first on the proposed name change and then they would have to contact the cities of Selma and Cibolo to get their approval before any public hearing is scheduled. Merwin Willman made a motion to forward this proposal to City Council for their blessing and/or any comments before contacting the cities of Selma and Cibolo. Keith Van -Dine seconded the motion and the vote was unanimous in favor. Motion carried. #7 TABLED ITEMS A. Preliminary Plat Approval - Greenshire Estates Subdivision (PC #186-93) See minutes of Jan 12., 1993 Chairman Andrews, noting that the preliminary plat for Greenshire Estates Subdivision was approved this evening, said the tabled items had been processed. ' #8 GENERAL DISCUSSION Keith Van Dine• (a) Brought up the usual about the roads in the Schirmerville area needing repair. Steve Simonson commented the City is out there working. In some places, they are putting in a cement stabilized base, but it won't last because the road needs to be rebuilt. Mr. Simonson further stated the City Council needs to make a decision about the bond issue needed to repair the roads in that area. Mr. Simonson told Keith Van Dine he had written a letter to a Mrs. Kathryn White on Pfeil Road explaining to her that the only real solution is to rebuild the road and that several of the problems involved are the narrow right-of-way and the inadequate depth of utilities. Also, Mrs. White claims Freudenberg Road is a real road and the City is investigating to see if it is. Oliver Nelson• (a) Asked if you need a permit for a ham operator tower on your house. Steve Simonson asked how tall and Mr. Nelson replied one of his neighbors had put one up and he would estimate it is --6- j , t l approximately 50 feet above the house. Neighbors have been complaining because. of the interference it causes with telephones and televisions. Steve Simonson told Mr. Nelson there is a 35 foot height restriction. in the City and he would check into it and then asked the address. Mr. Nelson replied in the 1336-1340 area of Patrick Henry. Bobbie Vonada• (a) Asked Steve Simonson if he is still working on recycling to be added to the Growth and Development Plan in the section on Utilities since he had said at the last meeting he would do that. Mr. Simonson replied yes. Councilman Ken Greenwald: {a) Commented he is sure everyone is aware of the ruling on the Edwards Underground Water District and related the Council will be discussing, at the Workshop tomorrow night, some of the things they can do as a result of the ruling. Steve Simonson: (a) Advised the plans for an H.E.B. shopping center are still moving along. He expects we will have a plat before too long. ~ (b) Reported he had a meeting today with representatives of Dover who have put earnest money down on the remaining property in Greenshire. They recognize there are upscale homes in the wooded area and they intend to build a better model in that area. However, they are thinking of building a home similar to what they are now building in Woodland Oaks in the area to the east of Greenshire Dr., outside the wooded area. David Richmond observed Dover will surround Greenshire Oaks with homes of less quality. It is unfortunate for the City because there will be this little pocket of custom-built homes surrounded by tract homes. Mr. Richmond stressed there are people out there who are willing to pay to have custom homes built and keep Greenshire a more desirable location. Mr. Simonson indicated the City normally requires greater separation, such as large greenbelt areas, between sections of diverse quality. Oliver Nelson added that Dover is currently building in Camino Bandera and the homes there start at around $147,000 with basically 2700 square feet. Mr. Nelson asked why not control the size of the homes that come into Greenshire. Steve Simonson indicated the area is now a PUD and someone would have to come in with a new Master Plan. At that time the Commission could tell them what they want and control the area that way. -7- Y K ~ . After further discussion, Chairman Andrews asked that the Master Plan for Greenshire be put on the agenda of the next meeting. George Vick• (a) Asked Steve Simonson again if he is aware of the-dirt being hauled in up on FM 1518 near the Animal Shelter and Mr. Simonson answered he is aware. (b) Inquired what's happening to Shawn Hall. Steve Simonson replied Burch Roofing bought it, is remodeling it, and is hoping to bring in other businesses to locate alongside theirs. #9 ADJOURNMENT Chairman Andrews adjourned the meeting at $:25 P.M. - -8-