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08-14-2001Planning and Zoning Minutes Tuesday, August 14, 2001 The Schertz Planning and Zoning Commission conducted a public hearing on Tuesday, August 14, 2001 at 7:OOpm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Planning & Zoning Commission David Richmond, Chairman Ernie Evans, Vice-Chair Tony Moreno William Sommers Ken Greenwald Gary Wallace Keith Van Dine City Staff Ron Youngblood, City Planner Mary Ybarra, Recording Secretary John Bierschwale, Public Works Director Leonard Truitt Building Inspector Commissioners Absent Joyce Briscoe #1 Call to Order: Others Present Hayden Schnelle, Hancock & Sheridan Sam Bledsoe, MBC Engineers Ken Harris, Verizon Wireless Richard Wiseman, 2449 Woodbridge way Larry Aiken, Don McCrary & Assoc. Geoffrey Nienstedt, Roadrunner Towing David Fluker, SCUCISD Chairman Richmond called the public hearing of August 14, 2001 to order at 7:OOpm. i #2 Public Hearing: Consider the land use assumptions that develop capital improvements program (capital recovery) fee imposed for new or expanded water and/or wastewater service extensions or connections to the municipal utilities system. Johnny Bierschwale explained the advisory committee would be reporting their recommendations of the Capital Recovery Impact Fees to city council. And in doing so in developing impacties covers all the costs of future costs and wont be burdened by the existing tax payers and city clerks. Which that means that the developer or home owner who is going to be building a new home will pay there share into the capital recovery fund for water always water. Those fees will go from $1300.00 on the wastewater fee, which is current to $1794 that includes $985 of that will be transferred to CCMA for each impact fee that's collected. The water is $750 of current value, which will be increased to $1255.60. Those are the purposed increases that will be forwarded upon approval towards city council and then they will hold there next meeting and take the necessary actions to comply with all rules of the state of Texas, Governing impact laws. These fees are only assessed to new construction and no previous construction; some additions are accounted for if they're expanding a bathroom for wastewater connection fees. #3 Adjournment of Public Hearing: Chairman Richmond adjourned the public hearing at 7:05pm. The Schertz Planning and Zoning Commission convened in Regular session, after the Public hearing. The agenda was as follows: #4 Call to Order: Chairman Richmond called the meeting of August 14, 2001 to order at 7:05pm. 2 #5 Approval of Minutes: Regular session of June 26, 2001. The minutes of the Public Hearing of July 10, 2001 and regular session of July 24, 2001 were not published. Mr. Evans stated that on page six, the third paragraph, instead of "major", change that to "secondary". And on the last paragraph instead of "eliminate", it was suggested to change it to "alleviate". Without further discussion Mr. Moreno moved to approve the minutes of June 26, 2001 with the corrections. Mr. Sommers seconded the motion. A vote being taken, the motion was approved with the following votes: AYES: Commissioners Richmond, Evans, Moreno, and Sommers ABSTAINED: Commissioners Wallace and Van Dine #6 Status of final plats: There was none to report. #7 BOA actions: Meeting scheduled for the 20~' ,August. #8 Citizen's input other than agenda items: There was none. #9 Consider and make recommendation: On land use assumptions that develop capital improvements program (capital recovery) fees imposed for new or expanded water and \or wastewater service extensions or connections to the municipal utilities system. The Commission had no questions or comments. 3 Without further discussion Mr. Wallace moved to forward to the City Council with a recommendation of approval the request on land use assumptions that develop capital improvements program (capital recovery) fees imposed for new or expanded water and \or wastewater service extensions or connections to the municipal utilities system. Mr. Moreno seconded the motion. A vote was taken and the motion carried. #10 Consider and Make Recommendation: On a request from Richard Wiseman 2449 Woodbridge Way, block 25, lot 34, in Woodbridge subdivision. For a special extensions to the zoning ordinance to encroach into the rear building setback 20 feet to 12 feet for construction of a free standing arbor over existing concrete patio. Mr. Youngblood explained that the request before the Commission is for a patio cover, which would encroach on the 20-foot and the 12-foot building setback. No utilities are affected and he has approval from his homeowner association. Chairman Richmond asked if there were any other concerns on this issue. Mr. Evans stated that the only topic on the agenda is the arbor. The original documentation mentions a swimming pool, hot tub and spa. Those items are not under consideration at this time. Mr. Wiseman said that the reason that he brought the rest of the items was because he did not know the rules and regulations established by the City. Mr. Youngblood reiterated that the only topic on the agenda tonight is the arbor. In brief discussion, it was proposed that the other issues should be brought back up at another meeting in its entirety to eliminate unnecessary paper work and time. 4 Without further discussion Mr. Wallace moved to table the request from Richard Wiseman 2449 Woodbridge Way, block 25, lot 34, in Woodbridge subdivision. For a special extensions to the zoning ordinance to encroach into the rear building setback 20 feet to 12 feet for construction of a free standing arbor over existing concrete patio, until he re-submits his master plan with the additional information. Mr. Van Dine seconded the motion. With a vote being taken, the motion was approved. #11 Consider and Make Recommendation: On a request from Geoffrey Nienstedt, doing business at Roadrunner Towing for a specific use permit to allow wrecker services/impound facility, located at FM 1518 Pecan Drive. Mr. Youngblood stated that the request is for a specific use permit and the property would be leases for atwo-year period. The business would assist the city and contract with the police department to impound vehicles that need to be removed from present location and placed in a proper storage facility. These vehicles would be placed in storage for a total of 45 days, proper notification would be sent to the owners, and if no response is back at the end of that time, the vehicles are taken to auction. Auctions are usually held every four to six months at the same location. Mr. Youngblood stated that there are plans for a cyclone type fencing with plastic slats in the fencing, which would act as a buffer for motorists traveling along FM 1518. Mr. Wallace asked if the auctions would be held on site and if there was enough room on site for these auctions. Mr. Nienstedt said that there would be enough room and that he would open up part of the vacant property for additional parking. There would also be security on the grounds to assist with matters. s Mr. Nienstedt stated that he has to first have the approval of the City before he can proceed to the "State" for permits. He stated that he has to place the fence, at which time the state comes out to inspect the grounds. After inspection from the State he would obtain his license. He also commented that this would be a two-year lease and if at the end of that lease, if the owner finds any problems he could terminate the lease. Mr. Van Dine explained that approval by the Commission would be contingent upon State approval. If for some reason the State would not approve the sight, then Mr. Nienstedt would not be able to use the property for something else. This is a Specific Use Permit only. It was noted that lights were going to be rented and that there is an existing driveway on the property, so there would be no need for a curb cut. The existing sign for the body shop is going remain it the present location. Without further discussion Mr. Van Dine moved to forward to the City Council with a recommendation of approval the request from Geoffrey Nienstedt, doing business at Roadrunner Towing for a specific use permit to allow wrecker services/impound facility, located at FM 1518 Pecan Drive. Mr. Wallace seconded the motion. With a vote being called, the motion was approved. #12 Consider and Take Appropriate Action: on a request from 3009 Partners, ltd. For approval of update on revised master plan of Forest Ridge Subdivision. Ron Youngblood stated that 3009 Partners have addressed all of the concerns on this issue. Mr. Evans asked if they had a date in mind for the start of Wiederstein road. 6 Sam Bledsoe stated that they are finishing up the plans right now and that they plan to start within the next few months. Chairman Richmond stated that he disagrees with the private drive. He feels that the best plan is to continue the regular width-street of the cul-de-sac, behind the lots. If re-configured you may not lose any lots. And by doing this, you would not need an additional curb cut on Wiederstein Road, other than two that are existing. Rather than put that private drive in at the top, which requires two additional curb cuts. David suggested to come off of the cul-de-sac, go to the back of the property using the same street right of way and in there, cul-de-sac again, giving each one of the lots access to the streets. Mr. Bledsoe noted that if you make the private drive into a public street then you have to add water lines and sewer and they are servicing water and sewer from another direction. To make it a public street, it would have to go all the way down to the property line, so that the lots wouldn't be serviced with public right of way. A public street would be a 30-foot wide pavement with a 50-foot right of way, with the water and sewer line. Mr. Bledsoe noted that if the area was kept as an alley then it might save some of the lots, whereas if it was continued with a street, there would be one row of lots with a public street on the front and the back. Mr. Evans commented that whether this piece of land becomes an alleyway or a drive way, there is going to be traffic on it, making it a public piece of property. Mr. Evans asked if it could be zoned and if so, would that be an acceptable proposition. Mr. Youngblood answered that it would be an acceptable proposition. Mr. Evans asked Mr. Bledsoe (philosophically) where the driveway would come off of the street. Mr. Bledsoe showed the Commission the location on the map. He noted that they would be serviced from the back of the lots (like rear loaded town houses). Chairman Richmond asked about the three lots at the corner; would they still be residential lots. Mr. Bledsoe thought that two of them would remain the same, but he was not sure about the third one. The consensus of the Commission was to make a rear entryway (preferably an Alley Way) to avoid additional cuts on Wiederstein Road. Mr. Youngblood suggested that Mr. Bledsoe and the Commission could consider coming up with two alternatives, deciding which one would be more suitable. The Commission asked if this issue would hold up the approval of the 5B plat. Chairman Richmond didn't see any reason to hold it up. Without further discussion Mr. Evans moved to table the request for 3009 Partners, ltd. for approval of the updated master plan of Forest Ridge Subdivision; To allow the developer and engineer to work out the street vs. private drive issue with City staff. Mr. Moreno seconded the motioned. With a vote being taken, the motion was approved. #13 Consider and Take Appropriate Action: On the request from 3009 Partners, Ltd. For preliminary plat approval of Forest Ridge Subdivision Unit 5B. Mr. Evans reported that a portion of the platted area is part of the old Live Oak Hills Subdivision and by approving this plat, that portion would be re-designated by this plat, therefor it would no longer be part of Live Oak Hills Subdivision. Ernie believes this area must be vacated and replatted, and would have to come back to this body for approval before the developer can proceed. s Ron Youngblood commented that he wasn't quite sure of the requirement, but would look into it and if he finds this to be true, the necessary steps will be taken. With no further discussion, Chairman Richmond asked for a motion. Without further discussion Mr. Wallace moved to approve request from 3009 Partners, Ltd. For preliminary plat approval of Forest Ridge Subdivision Unit 5B. Mr. Van Dine seconded the motion. With a vote being taken, the motion was approved. #14 Consider and Take Appropriate Action: on request from Don McCrary & Associates for final vacate and re-plat approval of Benevest Subdivision, lot 17, Tri-County Business & Industrial Park. Mr.Youngblood explained the request from Don McCrary & Associates to vacate and re-plat Benevest Subdivision, which is initially in Comal County. Ron explained that the plat is pretty straightforward and staff has no concerns. Chairman Richmond then asked if there were any questions or comments. There were none. He then asked for a motion. Without further discussion Mr. Moreno moved to approve the request from Don McCrary & Associates for final vacate and re-plat approval of Benevest Subdivision, lot 17, Tri-County Business & Industrial Park. Mr. Wallace seconded the motion. With a vote being taken, the motion was approved. #15 Consider and Take Appropriate Action: On request from Don McCrary & Associates for preliminary vacate and re-plat approval of Block 11, lots 1,2,3,4, and 5 of Jonas Woods Unit 1, establishing Block 11, Lots 6,7,8,9, and 10. 9 Mr. Youngblood stated that the owner (Larry Aiken) is requesting the configuration of these lots. This request would appease Mrs. Darow's (previous owner) request for a larger plan. Mr. Aiken stated that he purchased the property from Mrs. Darow for Jonas Woods Subdivision. Mr. Aiken stated that he had promised Mrs. Darow that she would be able to pick her home sight within the subdivision so this is way the change to the configuration to this area (lots). Without further discussion Tony Moreno moved to approve the request from Don McCrary & Associates for preliminary vacate and re-plat of Block 11, lots. 1,2,3,4, and 5 of Jonas Woods Unit 1, establishing Block 11, lots. 6-10. Gary Wallace seconded the motion. With a vote being taken, the motion was approved. #16 Consider and Take Appropriate Action: On request from Ken Harris for site plan approval of Verizon Regional Network Center/200 foot Microwave tower, Tri-County Business & Industrial Park. Mr. Youngblood stated at the last Planning and Zoning meeting, there were several issues that were brought up, since then staff have looked at those issues, answered all questions and met all requirements. He then reminded the Commission that this tower does not exceed the 200-foot requirement. There also needs to be a balance between the construction of the facility and the return of the revenue. The capital investment would be a significant impact to the City of Schertz's economy. Mr. Youngblood mentioned that technology changes every 18 months, so they would be potentially replacing their capital investment equipment every two years. The company would start with approximelty 30-40 employees and hopefully end up with 40-50 employees. Mr. Youngblood noted that there was also question about the tower meeting all FAA and Randolph Airforce minimum requirements, that issue was resolved with an email that was io sent from RAFB; stating that they have no concerns with the Verizon tower. All citizen and business concerns have also been addressed at this time Mr. Ken Harris explained that Verizon wants this to be a win-win situation. He also noted that there is not a new proposal, just additional information. Verizon still would not be seeking any tax abatements. Mr. Harris stated that the color of the tower and building is not an issue for Verizon (they will paint it whatever color the City wants them to) and if there are any safety issues (lighting on the tower), then Verizon will comply with those as well. Mr. Harris has tried to answer all of the questions that were asked (from last time), but made it known that he would be willing to answer anymore questions that the Commission might have. Mr. Wallace stated the variance was not addressed and he felt that this tower requires a variance. He commented that if it collapses in a certain direction, it would hit a building, pedestrian, or motorist. Mr. Youngblood stated that Mr. Spain informed him that there was no variance required because the tower would collapse in a certain direction Mr. Evans felt that the intent of the ordinance is to protect public safety. He also felt that the City has done a lot of work with Verizon to handle public safety; including the issue with the tower collapsing (They have met their minimum requirements). He believed that Verizon probably carries substantial insurance to cover it in case the building falls on their property. Mr. Evans felt that since the tower is predicted to fall within their property, the City would not be responsible. The City has done their job to minimize the impact (in terms of public safety) and everything that the Commission has asked for, has been provided. He stated there is no reason to ask for anymore. Mr. Sommers noted that he wants some form of protection for the citizens from a monetary standpoint. He wants to make sure that the citizens don't have to go ii through the normal difficulties in the event that the tower does fall. He suggested there be an indemnity issued by Verizon; stating that they would pay for all damages that would occur if the tower does not fall the way that they have predicted. Mr. Youngblood felt that needs to be done with any structure along IH-35 that is over 60-foot high, not just with Verizon. Mr. Wallace noted that in the past, they asked AT&T to go to great lengths to acquire sufficient property to put their antenna on (in a remote area) so it wouldn't hit the thorough fair. He felt that if they approve this with out a variance (because of what the engineering statements say), the City would no longer have an ordinance that would be effective in such matters. Randy Richter stated that AT&T did move their tower, however, Verizon has minimized everything that needed to be minimized, the same as AT&T did. The only difference here is the moving of the structure. Chairman Richmond felt that the basic concern is the part of the Ordinance (Section 18, paragraph 5.4), which states that the antennas and towers must fall within the property and not near habitable buildings. He commented that this doesn't give the Commission a lot of latitude, except to require a variance request. He noted that he would like to see this approved tonight and would hate to see it disapproved because commissioners feel that a variance is required, even though a variance was not requested. Mr. Harris explained that the reason for wanting this tower at this particular location is because of the timing. 12 Mr. Richter commented that they have been here multiple times and are seeking approval tonight. If this item is not approved tonight, then Verizon would continue to look at other locations in other Cities. Mr. Harris noted that Verizon warned him that this may happen. Mr. Youngblood and himself have tried to address every issue so that nothing else would come up. Mr. Francis stated that they have been working with the City for almost three months now, and no where in that time did anyone tell them that they needed to apply for a variance. He felt that Verizon has done everything possible to make the City happy, but it doesn't seem to be enough. He also commented that he is very disappointed that no one told him that they needed to apply for the variance. Mr. Wallace commented that during the last meeting, he stated if this tower needed a variance then he would oppose it (he feels that it requires a variance). Mr. Evans commented that if the request needs to have a variance then it could be added to the motion, but it is not legitimate to disapprove the request just because it needs a variance. He stated that Verizon has provided the Commission with everything that they have asked and it would be unfair to ask them for different requirement every time they come back. Chairman Richmond addressed the issue of the color of the tower; he suggested that the tower color should be like the photograph that was provided at the last meeting. He believes it was an off-white color. Mr. Moreno felt that the developer has made a "good faith" effort based on what has been presented. With no further discussion, Chairman Richmond asked for a motion. 13 Without further discussion Tony Moreno moved to approve the request from Ken Harris for site plan of Verizon Regional Network Center/200 foot Microwave tower, Tri-County Business & Industrial Park; to Include the color as portrayed in the documentation of the Fort-Worth Tower, and request by Planning and Zoning, to staff to acquire an opinion letter from the city attorney on the variance question with regard to section 18 paragraph 5.4 of the UDC. Keith Van Dine seconded the motion. With a vote being taken, the motion was approved with the following votes: AYES: Commissioners Richmond, Evans, Van Dine, and Moreno NAYS: Commissioners Williams and Wallace #17 Consider and Take Appropriate Action: On a request from Isenhour Service Center, Inc. for site plan approval of retail sales center, FM 3009. Mr. Youngblood stated that the site plan before the Commission has some inconsistencies; such as trees, etc. Ernie Evans stated the another issue to consider is lighting and mention that the Monopole that is suppose to represent the advertising of all tenants is on a separate document. However would like to state that even though it is a separate document, the monopole will control the advertisement of the entire facility complex. He added that the Dumpster pad as illustrated shows it crossing over the property boundary on someone else's property. And if so, then it should be required that the development show the rights to utilizing this other piece of property. Haden Schnelle informed the Commission that there is a joint use agreement between properties. He would be glad to furnish a copy of the agreement and if it would create a problem the dumpster pad could be turned in a way that it would 14 not cross over onto the other property. The development is welling to do one or the other, which ever is suitable Mr. Youngblood asked that was the likelihood of changing the signage is indicated on the site plan to some type of low profile sign. Mr. Schnelle explained that is the sign were lowered there wouldn't be enough space to advertise the tenants. He added that Mr. Isenhour does not want to have multiple signs. He stated that the owner would be doing some landscape (planting trees, putting in shrubs). Ernie Evans stated that he would much rather see a low profile monument sign sitting on some type of berm. Mr. Schnelle asked could the Commission approve the site plan, then at al later time could he submit a sign design based on the Commissions suggestion. Ernie Evans stated the document before the Commission is not correct. The tree information is vague. The tree affidavit schedule information form would have been helpful in interpreting the placement and removal of trees. It is difficult to locate all the trees with the method used. Ernie asked that if the developer were to re-submit the document that all information be placed on one document; such information as the tree and sign issue and also the detail on the lighting; front and rear. Keith Van Dine suggested the issue before the Commission could be tabled allowing the developer to get with city staff and address the issues as discussed by the Commission. The Commission was in agreement. Without further discussion, Mr. Van Dine moved to table the request from Isenhour Center, Inc. for site plan approval of retail sales center on FM 3009, is until further documentation is submitted as discussed by the Commission. Mr. Sommers seconded the motion. With a vote being taken, the motion was approved. #18 Consider and Take Appropriate Action: On a request from the Schertz Cibolo Universal City ISD for preliminary plat approval of Savannah Elementary School Subdivision, Savannah Drive\Schertz Parkway. Ron Youngblood stated that city staff has no concerns and recommends approval. Ernie Evans stated that he believes that there has been no submittal or approval of a site plan and before the Commission can take action on this issue, a site plan would need to come before the Commission for action. Ernie also added that there is no mention of the tree survey or the curb cuts previously discussed. The Commission was in agreement. David Fluker representative for the school district stated that a site plan had been submitted for review by staff, however was not aware that site plan approval was necessary before action could be taken on the plat. Gary Wallace asked whether the city has abandoned the fact that Savannah Drive would be extended onto FM1518 and was advised by Ron Youngblood that it had not. Gary added that this particular property happens to be included with this development. Gary was advised that the development would extend Savannah Drive the length of this development. Chairman Richmond asked the developer to get with city staff and cover all issues as discussed and believes that the Commission can address this issue and foresees no problem. 16 Without further discussion Mr. Wallace moved to table the request from the Schertz Cibolo Universal City ISD for preliminary plat approval of Savannah Elementary School Subdivision, until further documentation is provided. Mr. Moreno seconded the motion. With a vote being taken, the motion was approved. #19 Discuss and Consider: The Proposed site development of property along FM 3009 from Elbel Road to FM 78 railroad right of way. Mr. Youngblood stated that the new plan before the Commission has been reviewed by city staff and stated that the developer has come up with fewer curb cuts along FM3009 and has provided different accesses from the apartment site to get to the anchor businesses along the cross access easement. The intention is to berm along the FM78 railroad right of way to alleviate some of the noise and to make it look more aesthetically appealing. Ron stated that the developer would like to hear what suggestions if any from the Commission at this time. Mr. Wallace would like the City to take advantage of the developer offer to put in a traffic light in order to alleviate traffic in the area. Chairman Richmond suggested that the placement of tree islands in the parking lot, which would help separate the parking spaces. He asked what the requirement was for separation of residential from business. David was advised that there would have to be an eight-foot separation between the two. Chairman Richmond also voiced concerned about having to cut down trees. Mr. Evans stated that the drainage would have to be looked at before development could start. He also noted that the SCUC ISD (school) would have to match the drainage to this area. ~~ The Commission expressed concern about putting an apartment complex so close to the railroad tracks: the tracks are active and have several trains that come through day and night. Mr. Greenwald commented that the sight at the corner of Elbel Road adjacent to the Guadalupe County building would be a good site for a Post Office. He stated that the Post Office is looking fora 5-acre track with access to highways. It was the Commission consensus that this was a workable concept. #20 Items by commissioner and city planner: Ernie Evans: • Reported that the Schertz Bank has a three by fifteen-foot white and blue banner hanging on the fence. He is not sure if the banner belongs there, and asked if someone would look into it. • Believes that before the Commission approves any site plan all information must on the site plan and correct. It is seen once and then it is gone. He suggested that it should not be approved if it isn't correct, and making corrections and signing off on them would only cause more confusion. In a brief discussion, the Commission suggested that maybe there is a need for a checklist. David Richmond: • Reported that the Jack in the Box "Hiring" sign is a problem. David was advised that they would need legal advice on this issue. Update on Comprehensive Land Plan: • Monthly meeting held with committee and consultants. Review of the neighborhood and business enhancement element and growth capacity is element. The Implementation element needs to be reviewed at the September meeting, which will be held on September 10tH • The meeting in September will conclude the plan. Then incorporate final draft by the end of September. Each Commissioner will get a final draft copy on the meeting of the 9th of October. Schedule a joint meeting with Planning and Zoning and the Steering Committee. Review final draft, two weeks before the meeting. May schedule a separate meeting or workshop meeting before the joint meeting. The APA conference will be held on October 24-26th in Houston. There will be a meeting the day before on October 23rd November 13t" there will be a public hearing on the final draft of the comprehensive plan, at which time the plan will go forward with a recommend approval to City Council. #21 Adjournment: Mr. Van Dine motioned to Adjourn. Mr. Moreno seconded the motion. The meeting was adjourned at 9:00 p.m. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City of Schertz 19