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10-26-1993 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a Regular. Session on Tuesday, October 26, 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 DAVID LAMBERT GEORGE VICK, VICE-CHAIRMAN FRED NIEMIETZ MERWIN WILLMAN, SECRETARY HENRY KUEHLEM KEITH VAN DINE KENNETH RATCLIFF TONY MORENO PIA JARMAN ~ CITY STAFF KEN GREENWALD, COUNCILMAN STEVE SIMONSON, MEMBERS ABSENT ASST. CITY MANAGER NORMA ALTHOUSE DAVID RICHMOND RECORDING SECRETARY #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session October 12, 1993 Merwin Willman made a motion to approve the minutes for the Regular Session October 12, 1993. Tony Moreno 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 TARE APPROPRIATE ACTION: Preliminary and Final Plat Approval for the Vacate and Replat of Lots 34 and 35, Silvertree Subdivision, Unit 1 (PC #202-93) David Lambert and Fred Niemietz were at the meeting to represent .this request. Chairman Andrews advised this is a straightforward plat and is the same -lots that were vacated and replatted from two lots -into one in 1992. Merwin Willman, noting a signature on the plat, asked who Fred Niemietz is and what the reason is for-separating the two lots. Mr. Niemietz replied he represents NNAS Builders who plan to build on the lots. They would like to separate the lots as they were originally so they can build two houses. q Tony Moreno questioned if 34 and 35 are the correct new numbers for the lots. Bob Andrews responded by saying the lots were originally numbered 28 and 29 and were vacated and replatted into one lot; that being Iot number 33. For tracking purposes and to maintain continuity, the City likes to keep lot numbers in sequential order, so lot 33 is now being vacated and replatted to lots 34 and 35. Merwin Willman made a motion to approve the preliminary and final plat of the vacate and replat of Lots 34 and 35, Silvertree Subdivision Unit 1 and noted this request is exempt from a public hearing per Article II, Section 16, Paragraph 5 a.7 of the Subdivision Ordinance. Pia Jarman seconded the motion and the vote was as follows: AYES: G. Vick, M. Willman, K. Van Dine, T. Moreno and P. Jarman NAYS: None ABSTENTIONS: B. Andrews Motion carried. The wrong floodplain code letter was listed on the plat (it was shown as Zone C and should be Zone X) so Steve Simonson asked Mr. Niemietz and Mr. Lambert to correct that on the mylars before it is recorded. #5 CONSIDER AND TARE APPROPRIATE ACTION: Final Plat Approval- Schertz Church of Christ (PC #201-93) Henry Kuehlem and Kenneth Ratcliff were at the meeting to represent this request. Chairman Andrews asked if there's any update and Steve Simonson replied there is not. The Commission has a copy of the checklist and the Church has paid the platting fees. George Vick commented he thought the Good Knight Subdivision had to show an easement through the middle of the property and wondered why that same easement is not shown on this plat. Steve Simonson got a copy of the Good Knight Subdivision plat from the file and there was no easement shown. through the. middle of it. There .was then discussion on the sidewalk requirement with. Merwin Willman stating they are not shown on the plat. -George Vick mentioned sidewalks along both Pfeil St. and Schertz .Parkway, but- Merwin Willman pointed out there are currently no sidewalks on either side of Pfeil St. Mr. Willman .did say, however, he realizes they don't require the sidewalks in a residential subdivision be put in until the -2- houses are built, but in the case of a business, sidewalks should be built when the business is built. The Church should be required to put sidewalks in along Schertz Parkway. Chairman Andrews, in response to Merwin Willman's statement about no sidewalks shown on the plat, implied our Subdivision Ordinance does not require they be shown on the plat. Mr. Andrews then asked when the sidewalks will be put in and Kenneth Ratcliff indicated they were not aware that sidewalks are a requirement. Mr. Ratcliff stated, though, that if they are required, they will be installed. Chairman Andrews explained that as development has occurred along Schertz Parkway, the idea has been for whoever is developing to put in sidewalks. ~ ~ ~ ~ . Merwin Willman interjected that our ordinance does require sidewalks. Steve Simonson acknowledged the City is requiring Dover Homes, who is building the houses in Dove Meadows, to put in sidewalks along Borgfeld Rd. even though they are not rebuilding Borgfeld Rd. Chairman Andrews stressed it is something for the inspectors to watch and then mentioned the possibility of changing the ordinance. Henry Kuehlmen spoke up at this time saying he is the surveyor .for the Church and has never seen proposed improvements shown on a plat. Normally they are on the site plan or in the construction. plans. Merwin Willman made a motion to approve the final plat for the Schertz Church of Christ Subdivision. Tony. Moreno seconded the motion and the vote was unanimous in favor. Motion carried. #6 CONSIDER AND TARE APPROPRIATE ACTION: Site Plan Approval - Schertz Church of Christ Chairman Andrews asked for. Staff input. Steve Simonson informed the Commission they are looking at several things in their packages. There is the Site Plan which also has a page showing the elevation and there is a drawing of the proposed sign. Mr. Simonson :further stated that as far as utility poles, they refer to Items 8 and 9, and as far as . landscaping they refer. to Phase I. They don't have a landscaping plan, so everything right now is mostly grass. -3- Chairman Andrews had the following questions for Kenneth Ratcliff: 1. Do you anticipate any kind of time frame for construction of the Church? 2. Will the Church face Schertz Parkway and will it be a totally new building? 3. Approximately how many square feet will the Church be? Kenneth Ratcliff advised they have no time frame for construction of the Church, it will face Schertz Parkway and will be a totally new building as the structure there now will probably be used as a fellowship hall, and it will. be approximately 10,000 square feet in size. Merwin Willman inquired if GVEC is aware of the type of lighting we require for parking lots and Steve Simonson answered he does not know. Mr. Simonson, saying they indicate on the Site Plan they will be directional fixtures with cut-off, advised he will check with the developer. Discussion then shifted to the proposed sign and Chairman Andrews noted it is 4' x 8' in size and meets the requirements of our Sign Ordinance. Kenneth Ratcliff expounded on Mr. Andrews' remarks saying it will be a fairly simple sign that will identify the Church and time of services and there may be a space where they can put in a brief message. When asked if they anticipate any lights on the sign, Kenneth Ratcliff answered they do. Mr. Andrews then informed Kenneth Ratcliff the lights are not shown on the drawing and Mr. Ratcliff related he will mention it to the architect. Utility pole lights at the sign were shown and Steve Simonson thought by that they meant down spotlight lights. George Vick mentioned the size of the sign but was assured it is within the requirements of our Sign Ordinance. Merwin Willman brought up a note on the sign .drawing where it says "subject to owner's approval" and commented that tells him the owner hasn't seen the sign. Mr. Willman suggested approving the sign contingent on the owner's approval; or. if they're changing it we need to see it, or if .they're .not changing it, then tabling it until the owner approves it. Chairman Andrews asked Merwin Willman if the sign is on the Site Plan and was told the location is shown on the Site Plan. Chairman Andrews then pointed out as Long as the sign meets the requirements of the Sign Ordinance, we don't need to approve it. -4- Stating that they are setting a nice precedent for other landowners in the area, Merwin Willman made a motion to approve the Site Plan for the Schertz Church of Christ. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. Chairman Andrews reminded Kenneth Ratcliff to be aware of the sidewalk requirement and the requirement for directional lights in the parking lot. #7 CONSIDER AND MARE RECOMMENDATION: Changes to Article. II of the Subdivision Ordinance Chairman Andrews related that Merwin Willman had worked up a proposal for the Commission to review. Mr. Willman's proposal is as follows: SUBJECT: Changes to Subdivision Ordinance Para. 15.3 Article II add An approved Master Plan shall terminate in one (1) year from the date approved by the Planning and Zoning Commission, if a preliminary plat has not been submitted. Para. 15.3 Article II Change title of paragraph FROM: Overall Preliminary Layout Plat of Larger Tract or Master Plan TO: Preparation and Submission of a Master Plan To preclude changing the number of several paragraphs, I suggest the following be added as paragraph 16.3.1: 16.3.1 Termination of Final Plat a. A final plat shall terminate in two (2) years from the date approved by the Planning and Zoning Commission, if construction has not been started. Variances shall also be terminated on this date. b. Subdivider .may request, in writing with complete .justification, a-six (6) month extension. No further extension will be granted. c. The subdivider will be notified in writing of the termination of the final plat. -5- d. This does not effect-plats filed with-the City for the sole purpose of subdividing a tract of land into two (2) or more lots for the purpose of selling the land. Chairman Andrews asked the purpose of paragraph d. Merwin Willman explained we have plats submitted for construction of homes and then we have plats submitted strictly for dividing land into two parcels for the purpose of selling it. We need to distinguish between the two. There is no need to put a time limit on those individuals just wishing to divide their property and sell it. There should, however, be a time, limit involved when there are plans for construction on the land. Mr. Willman pointed out Sagemont as an example. It's already been on hold for 8 years. Chairman Andrews' reaction to this was that everybody is selling. Sagemont is selling and the purpose of the vacate and replat of the lots in Silvertree this evening was for selling. The difference is that Sagemont was never recorded. Steve Simonson emphasized both Sagemont and Silvertree came in as development plats versus someone who's splitting his land to sell it. Examples of development plats and plats where someone is just dividing a lot were discussed. Tony Moreno noted that only a development plat will have a sunset (deadline) restriction. Merwin Willman stated that if we use the term "development plat" we will need a definition for it. Steve Simonson referred to Greenshire as a different example because there they built a road and put in water and sewer, so actually, something was constructed. Keith Van Dine questioned if developers come in and something is constructed, even though it may not be the entire project, how long can it sit there. Steve Simonson, conversely, asked if something is constructed, are we going to abrogate the rest of the plat. 'There was further discussion on development/construction and Steve Simonson declared that a final plat for construction is .not recorded~by the City until they are. building or a bond has been posted for infrastructure. The developer can't sell a single lot until the plat is recorded. Chairman Andrews .questioned if you break one acre off your land, are you going to go through the process of surveying it - and recording it as a separate acre. If so, it can sit there for the next 100 years and it doesn't matter if you build on it or not. If you just come in with a little piece of paper from a surveyor and say you want to do something but don't know -6- when, why are we messing with it. Steve Simonson stressed that when it's a development plat where they have actual construction, he's talking City responsibility. On the other hand, when someone is just dividing a lot, the City has no responsibility and neither does the Commission. At this point in the discussion, Merwin Willman read the definition of a subdivision. Keith Van Dine mentioned that a recorded plat can stay on the books forever and Chairman Andrews agreed, saying a recorded plat is a legal document. Steve Simonson suggested they go~back and do some rewriting. After further debate, the proposal written up by Merwin Willman was revised as follows: Paragraph 16.3.1 was reworded to Termination of Unrecorded Final Plat, the word unrecorded having been added. In paragraph a. if construction has not been started was deleted. Paragraph d. was deleted. There was no motion on this Item. #8. CONSIDER AND MARE RECOMMENDATION:' Discussion of Having Ten Days After a Public Hearing in which to Make a Recommendation to City Council Deliberation of this subject prompted the following remarks: a. Ten days is not sufficient. b. The decision on a recommendation to City Council should not be made until the Commission's next meeting. c. .What's wrong with taking 90 days to make a decision? (Several scenarios were tested on the number of weeks it would take from the original time an application for a zoning change is'received until the time a final decision is made on it.) d. The City'Council public hearing should not be scheduled any sooner than three weeks after the Commission's public hearing. e. The public hearing notices should be in the Newsletter. f. The Zoning Ordinance says a notice must be published in the newspaper at least fifteen days prior to the public hearing. Is there a law stating the maximum days in advance a notice can -7- be published? (This question came up because of the notices for City Council and Planning and Zoning being run concurrently in the newspaper.) Norma Althouse was asked to get together with June Krause and find out how the law reads pertaining to maximum number of .days in advance a notice for a public hearing can be published. Merwin Willman made a motion to table Item #8 until the Commission's next meeting. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #9 GENERAL DISCUSSION Merwin Willman: (a) Inquired if a public hearing date has been set for the name change of Live Oak Blvd. Steve Simonson replied no date has been set yet - he has not officially heard back from either Selma or Cibolo. The Commission felt the City should go ahead and set a public hearing date. (b) Reported the street. sign at Brooks and Randolph is bent way down. (c) Asked Steve Simonson if he'd had a chance to speak with Taco Bell and Wendy's about putting up "future site" signs. Mr. Simonson .replied. he had not spoken with either of... them about the signs. George Vick• Indicated that since the terms of the three Commissioners up for renewal have been approved, the Commission should be getting a new Planning and Zoning list. Councilman Ken Greenwald: (a) Stated he was supposed to have gotten a copy, for the Commission, of the breakdown on costs for legal ads, but he forgot and he apologizes. Mr. Greenwald commented he will have it for the next meeting. Mr. Greenwald went on to say the Herald Newspaper is still not legal and was asked by Pia Jarman how Selma and Universal City get away with using it as their legal paper.- Mr. -Greenwald replied he doesn't know, but if either of them were ever challenged, their City would lose. -8- Mr. Greenwald added we could use the Northside Recorder in conjunction with another paper, but naturally, it would cost us double. Keith Van Dine suggested making the Newsletter the City of Schertz legal newspaper. Mr. Greenwald divulged that our legal notices are in the Free Weekly put out by Seguin. (b) Referred to the article on pollution in the Environment and Development brochure contained in everyone's package and recommended reading it. (c) Announced they are looking for anyone who can donate decorations, time, or money to the Christmas Committee and they are also looking for judges for~the Christmas lighting contest. Judging will be done the week of December 13 through 16. Pia Jarman volunteered. Mr. Greenwald reminded anyone who's interested that the committee's next meeting is November 4th at 4:00 p.m. in the front conference room at City Hall.. Steve Simonson: (a) Informed everyone the 1987 bonds are starting to be spent. Reconstruction overlay and repair will begin on Oak~St., all of Main St. and Schertz Parkway from the railroad to Curtiss Ave., and the intersection of Curtiss Ave. Keith Van Dine asked about repair in Schirmerville and Steve Simonson told Mr. Van Dine Schirmerville is included in the next series. .Chairman Andrews: (a) Asked what this is he hears about a joint council meeting between Schertz and Cibolo. Steve Simonson said to blame it on him. He had talked with them about several common roads Schertz and Cibolo have, and one they discussed was Dietz Road. Mr. Simonson went on to say he had pulled out past ETJ agreements between Schertz and Cibolo and' had a map drawn and took it, along with ourroad master plan, to Cibolo. They talked about a joint meeting at some later date, but to his surprise an announcement of a joint meeting comes out in the paper. (2) Congratulated Steve Simonson on his appointment as a Technical Advisory Committee (TAC) representative- to the Metropolitan Planning Organization. -9- t: George Vick brought up one more thing. He wanted to know if the Fire Department comes out and checks your smoke alarms. Councilman Greenwald answered he believes they do. X10 ADJOURNMENT Chairman Andrews adjourned the meeting at 8:50 p.m. The next regularly scheduled meeting is November 9, 1993. -10-