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12-18-2000 . . . PLANNING & ZONING MINUTES December 18,2000 The Schertz Planning and Zoning Commission convened in a Public Hearing Session on Tuesday December 18, 2000, at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF David Richmond, Chairman Ernie Evans, Vice Chairman Keith Van Dine, Secretary Gary Wallace Tony Moreno Joyce Briscoe William Sommers Ken Greenwald, ex-officio Steve Simonson Interim City Manager, Planning Coordinator Mary Ybarra, Planning & Recording Secretary COMMISSIONERS ABSENT OTHERS PRESENT Roger Nichols, 120 Webster Dr. Richard Dublin, 117 Webster Dr. Michael Cude, M.W. Cude Eng. Louis Tsakiris, Austin, Texas S. E. Davis, Jr. Cibolo, Texas Robert Copeland, Jr. MBC Eng. David Bitner, 104 Webster Dr. Jerry Scholler, New Braunfels, Texas #1 Call to Order: Chairman Richmond called the Public Hearing meeting of December 18, 2000 to order. 1 #2 Public Hearing: To receive citizen input on a request from MBC Engineers to . rezone approximately 46.014 acres located on FM 3009 at Elbel and FM78 from; Tract I, 4.596 acres (R-1, Single Family Residential- 80'x120' lots); Tract II, 15.33 acres; and Tract III, 26.385 acres (R-2, Single Family Residential-70'x120' lots); to Tract I, 4.596 acres and Tract II, 15.33 acres (NS-Neighborhood Services); and Tract III, 26.385 acres (R-4, Multi-Family Apt.). David Richmond stated that the purpose of the public hearing is to take all comments into consideration in making a recommendation to the City Council. On behalf of the Commission he thanks everyone present for their concerned interest and cooperation with the hearing procedures. In order to hear as many different comments as possible, we request that you do not repeat the same comments made by a previous citizen. After the public hearing is closed on this issue, no more comments will be received from the citizens. Public Hearing on this issue will be scheduled by the City Council and notices posted. . At this time David asked for staff input. Steve Simonson stated that in accordance with the city ordinance 42 letters were sent out to property owners within a 200-foot radius of the property. Of the letters sent; two (2) letters were returned non-delivered; (3) letters received in favor; and (4) letters opposed. David Richmond stated that MBC Engineers would be making their presentation, however he would like to remind everyone to focus on points that have not been raised by other speakers. If anyone would like to comment please step up to the podium and state your name. . At this time, Robert Copeland, representing MBC Engineers passed out a hand out regarding the rezoning issue. He briefly explained the different zoning changes that are being proposed: 4.5 acre and the 15-acre tract from General Business to Neighborhood 2 . . . Services and 26 acre tract to Multi-family. At this time, Mr. Copeland provided some back ground and mentioned that a majority of the property is inundated by a 100-year flood plain, and in order to develop would have to improve the existing channel, which would increase sufficiently in size. Roger Nichols, 120 Webster Drive stated that he had concern with Neighborhood Services (NS) zoning. What types of businesses are authorized? At this time, Steve Simonson explained that (NS) zoning includes indoor retail business such as an ECkerd, convenience store, etc; business such as paint and body shop or outdoor storage would not fall under the NS zoning. At this time, Mr. Nichols stated that he has been a resident of the area for a long time and mentioned that the proposed area has been zoned R-1 (residential) for a long time. He recalls that at one time there were plans for a funeral home, and other proposed uses, which all fell through. Mr. Nichols recalls that when the county office was proposed for the area, residents voiced concern. At that time the residents met with City Council where the council assured the residents that the remaining portion of the property would not be enough for anyone to develop the area as an R-1 area. Mr. Nichols stated that at which time the City Council, specifically Mayor Baldwin assured the residents that the City would never allow gas station, etc. to be developed in the area, and if there was it would be something special such as a medical clinic, etc. What happened to the promises asked Mr. Nichols? Mr. Nichols asked that Planning and Zoning to reconsider the zoning for this area (from Webster Dr to Elbel Road). Mr. Nichols also mentioned that residents were notified of cancellation of the meeting of Tuesday December 12, 2000. However, some of his neighbors are not present, why weren't the residents notified of today's meeting (December 18, 2000)? The residents have had to deal with the widening of FM3009, had to fight for the noise barrier abatement and believes it is very unfair for these residents who happen to be retired folks. At this time, Steve Simonson informed the Commission that letters were sent out again to everyone from the original list, and calls were placed to those residents who had 3 returned letters. Mr. Simonson also stated that a cancellation notice was posted and . reiterated that letters were sent out to everyone on the original list advising of the cancellation and the scheduled meeting date of December 18, 2000. Mr. Nichols stated asked if there was of log of the residents called because he believes that not everyone was notified. The recording secretary advised Mr. Nichols that calls were placed to those residents that had sent in letters and that could be reached by telephone. Mr. Nichols suggests that procedural issues need to be addressed, but the key issue to his objection is based upon the current promises for the neighborhood, which has lead to the proceeding this evening where the city is doing precisely what it said it wouldn't do. . David Richmond stated that it is very difficult for everyone concerned when a meeting is cancelled at the last minute. However, the decision was made and he believes everything was done to contact residents advising them of the cancellation and the rescheduling. On the other issue; regarding a promise made by Hal Baldwin, as to what might be developed at the corner of Elbel/FM3009 in the future is something that this Commission wouldn't have any knowledge of. However, citizens will have the opportunity to ask the Mayor (Hal Baldwin) because this issue will be forwarded to City Council for their consideration at a scheduled public hearing. Mr. Nichols stated that the promise was not just made by Hal Baldwin but the membership of the board, which would be part of the minutes. It was very specific that the neighborhood had cooperated with the County, and the neighborhood voiced concern in regard to the remaining portion of the area, that something like this proposed development would be considered. Mr. Nichols questioned why is the proposed development more acceptable than a funeral home? Why was a funeral home turned down and why is development being considered? . Ernie Evans stated that there have been no issues presented to this Board in terms of the property. There has been a discussion, however no formal requests on this particular 4 . . . portion of property. Ernie Evans stated that he believes that the existing funeral home never formally requested this particular piece of property. Mr. Nichols advised that the funeral home request was several years prior to the existing funeral home development. Ernie Evans commented that the request must have been requested over eight years ago, because he has been a member of the Commission for that length of time. Mr. Nichols stated that he believes the time must have been at least eleven years ago. Ernie Evans stated that no member of this Commission would have any information in terms of having been a member eleven years ago when such request would have been discussed. At this time, Mr. Simonson explained that the funeral home in discussion was a development that tried to develop in this area, however re-Iocated to Universal City. If his memory is correct, there was a public hearing held similar to this evening, where the residents of Greenfield Village turned out and stated they didn't want it. At this time, Mr. Nichols asked exactly what is being proposed for the area adjacent to Greenfield Village? Mr. Louis Tskiris stated that a retail center is being proposed for the corner of FM3009 and Elbel Road. Mostly likely a bank pad or a gas station adjacent to Greenfield Village and at the corner of the property most likely a small office building adjacent to the county office. Mr. Nichols stated that the neighborhood has tried to cooperate with the development in the surrounding area and there have been promises made. Mr. Nichols believes that a gas station is a long stretch from R-1 and a long stretch from a funeral home. David Richmond explained the procedures involving the development of any property throughout the city. It's a process that the Commission goes through with the owner and developer. If a correct zoning does not satisfy the owner or potential developer they ask for property to be rezoned. Public hearings are held with citizen input, to decide whether 5 . . in fact it's an appropriate use for the property. David added that regardless of the outcome and recommendation this evening, the citizens would have an opportunity to discuss this issue at a public hearing held by City Council. David Richmond stated that he believes it would be very difficult for anyone to develop R-1 at this particular corner. David added that over the years the Commission has felt that GB zoning for this area was inappropriate and has fought to reduce the area to NS, which does not allow for major commercial development. In conclusion, Mr. Nichols asked the Commission to abide by the promises made and be selective. A strip center is not what the neighborhood had in mine and reiterated that the promise was very specific about what would be allowed in the area; medical clinic, research center, not what is being proposed. Richard Dublin at 117 Webster Drive stated that he believes that congestion on FM3009 will be a factor and agrees with concerns voiced by Mr. Nichols. He also objections to the multi-family dwelling request for the property adjacent the railroad ROW. With no further comments voiced, David Richmond thanked everyone for their comments and concerns and closed the pubic hearing. #3 Adjournment of Public Hearing: David Richmond adjourned the public meeting at 7:30 p.m. The Schertz Planning and Zoning Commission will convene in a regular session, after the Public Hearing. The agenda is as follows: #4 Call To Order: . David Richmond called to order the meeting of December 18, 2000. 6 . . . #5 Approval of Minutes: Minutes of November 14, 2000. The minutes of November 28, 2000 were not published. David Richmond stated that several suggestions and corrections have been turned over to the recording secretary. David suggested that the minutes of the November 14, 2000 be tabled until such time that corrections are made. With no further discussion, William Sommers moved to table the minutes of November 14, 2000, until corrections are made. Tony Moreno seconded the motion. With a vote being called, the motion was approved. #6 Status Of Final Plats: David Richmond reported that Forest Ridge Subdivision Unit 4 has been signed. #7 BOA Actions: Joyce Briscoe reported that the Board had met on Dec. 4, 2000 and approved the variance request from Highland Homes at 498 Covered Bridge, Woodbridge Subdivision. #8 Citizens' Input Other Than Agenda Items: There were none. #9 Consider and Make Recommendation: On a request from MBC Engineers to rezone approximately 46.014 acres located on FM 3009 at Elbel and FM78 from; Tract I, 4.596 acres (R-1, Single Family Residential- 80'x120' lots) Tract II, 15.33 acres & Tract III, 26.385 acres (R-2, Single Family Residential-70'x120' lots) to Tract I, 4.596 acres & Tract II, 15.33 acres (NS-Neighborhood Services) and Tract III, 26.385 acres (R-4, Multi-Family Apt.). David asked for staff input. Steve Simonson stated that he had no additional comments. 7 . . . At this time, there was some discuss among the Commission in regard to a copy of proposed plan passed out to the Commission. The Commission found the acreage to be incorrect on all tracts. At this time, Steve Simonson explained that the Commission would have to act on the original plan submitted, which is the request on the agenda this evening. The document passed out to the Commission this evening is a concept of what is being proposed. The Commission would need to act on the acreage on the official request only. Mr. Robert Copeland representing the request stated that the acreage on the drawing are incorrect and explained that the document passed out is an architectural conceptual drawing that would provide some of the possibilities that are being looked at. Steve Simonson stated that the Commission can only take action on what is on the agenda because it is the official request. Joyce Briscoe asked that of the letters submitted to the recording secretary this evening, what were the citizen comments? The recording secretary advised Joyce Briscoe that one letter was in favor and one was opposed to the request. Steve Simonson stated that out of 42 letters, nine letters were returned counting the letters received this evening. Gary Wallace stated that he can understand Mr. Nichols concerns, however on the other hand he believes NS is the friendliest next to residential areas. If the property owner wants to develop the property, he believes that the area would never develop in R-1. The request for NS is by the property owner and Gary stated he is willing to go along with the landowner's request. Steve Simonson stated that whoever develops the area would have to place an 8' masonry wall at any commercial development next to a residential area and are required a 8 . . . setback of 25' feet, requirement of landscape to buffer noise and lighting onto residential backyards. Ernie Evans stated that he believes the number of curb cuts along this end of FM3009 would be a problem because it's a heavily traveled road. Ernie stated that it would create an issue similar to the other end of FM3009. Ernie added that as the Commission carries forward lets make sure the Commission doesn't recreate the same problem on this end of FM3009. Ken Greenwald stated that the City of Schertz does not have any control on the number of curb cuts along FM3009, it's a State Highway, with the State issuing permits. Joyce Briscoe commented that Webster Drive has a very high rise to get onto FM3009 making it very difficult to see traffic coming either way on FM 3009. Additional curb cuts would add problems to the citizens of Schertz. Joyce Briscoe stated that she lives in Greenfield Village and believes that it's bad policy to take an existing residential zoning and change it to commercial. Joyce believes it changes the environment and property values of these citizens that moved into the area with the understanding and good faith that it would stay residential. Again, she reiterated that she is opposed to tract I being changed to anything but residential. Joyce mentioned that the city needs a post office, has anyone considered that need. Mr. Takaris stated that he would do his best to work with the citizens of Greenfield Village, in terms of landscaping, fencing and setbacks. William Sommers commented that there isn't much the Commission can do, the next step from the R-1 zoning would be NS (neighborhood services). He believes the city is going to have to allow the use of NS for the area. 9 . Keith Van Dine stated that the decision this evening is a recommendation for the zoning change. The issue would have to come back to the Commission in the platting stage, at which time decision would be made whether it's acceptable or not. With no further comments, Gary Wallace moved to forward to City Council recommending approval on the request from MBC Engineers to rezone approximately 46.014 acres located on FM 3009 at Elbel and FM78 from; Tract I, 4.596 acres (R-1, Single Family Residential- 80'x120' lots) Tract II, 15.33 acres & Tract III, 26.385 acres (R-2, Single Family Residential-70'x120' lots) to Tract I, 4.596 acres & Tract II, 15.33 acres (NS- Neighborhood Services) and Tract III, 26.385 acres (R-4, Multi-Family Apt.). Tony Moreno seconded the motion. With a vote being called, the vote was as follows: Ayes: Tony Moreno, Gary Wallace, William Sommers, Keith Van Dine and Ernie Evans. Opposed: David Richmond and Joyce Briscoe. Motion approved. . #10 Consider and Take Appropriate Action: Request from M.W. Cude Engineers for Final Plat Approval of Schertz Industrial Park, FM3009/Doerr Lane. (PC#446-00) Steve Simonson stated that no other corrections are required, however there is one key item to mention; the development has donated additional ROW on FM 3009 and has donated ROW on Doerr Lane. The ROW on Doerr Lane is extremely necessary for the future expansion. All necessary information has been provided. Ernie Evans asked for clarification on exactly how the ROW dedication of Doerr Lane was noted in associate to the plat; Steve Simonson explained how it was identified. With no further discussion, Keith Van Dine moved to approve the request from M. W. Cude Engineers for Final Plat Approval of Schertz Industrial Park, FM3009/Doerr Lane. . Gary Wallace seconded the motion. With a vote being called, the motion was approved. 10 #11 Consider and Take Appropriate Action: On a request from Leroy & . Dorthlin R. Wilson for Final plat approval of Wilson's Acres, Unit 1. (PC #473-00) Steve Simonson stated that the request is a correct plat that will have to go through many approval stages: Garden Ridge, Comal County and Schertz. Steve Simonson explained that Garden Ridge thought that this particular tract was in their ET J, however it has been determined that the tract falls under Schertz ET J. With no further discussion, Joyce Briscoe moved to approve the request from Leroy & Dorthlin R. Wilson for Final plat approval of Wilson's Acres, Unit 1. Keith Van Dine seconded the motion. With a vote being called, the motion was approved. #12 Consider and Discuss: Change to the Unified Development Code, Article VIII, Landscaping and Screening, Section 4, Tree Preservation/Removal. (ZC #169-00) . Steve Simonson stated that clarification on the definition on the removal of trees is needed, the planning department is continuing to have problems with developers trying to understand as to what is required to be saved and what type of tree is needed to be counted. Steve Simonson stated that he believes that the inclusions noted to Section 4- Tree Preservation /Removal is necessary. These inclusions are as follows: Section VIII 4.1 B. A tree preservation plan with .............. 2" or lamer of the Oak. Elm, Pecan and Pistach variety. Other varieties of trees are counted if they counted as Protected or Heritaqe trees. This plan is required............... Section VIII 4.1 Note 1 (trees down to 2" DBH can be used in calculating preservation diameter inches). . 11 Section VIII 4.2 . .. ...those added will have a 2" DBH. All added trees will be oak, native elm, Pecan or pistach........ .. The Commission did not have a problem with the suggested changes. However, the Commission noted some changes and additions to the suggested changes as introduced by Steve Simonson. These changes included some rewording, word deletion, etc. With no further discussion, Keith Van moved to forward to the City Council recommending that change to the Unified Development Code, Article VIII, Landscaping and Screening, Section 4, Tree Preservation/Removal as discussed. William Sommers seconded the motion. With a vote being called, the motion was approved. #13 Consider and Discuss: Cancellation of December 26,2000 meeting. . Steve Simonson advised the Commission that usually the last meeting of the Planning and Zoning Commission is cancelled. However, it must come before the Commission as an agenda item, before canceling the meeting. Steve Simonson asked if the Commission would like to cancel the meeting? The Commission was in agreement to cancel the meeting scheduled for December 26, 2000. With no further discussion, Ernie Evans moved to cancel the meeting of December 26. 2000. Joyce Briscoe seconded the motion. With a vote being called, the motion was approved. #14 General Discussion: William Sommers: William asked that if an area were not residential would it then fall under commercial? Mr. Sommers was advised yes. . 12 . . . .. Tony Moreno: Tony wished everyone a safe and happy holiday. Gary Wallace: Gary asked if City Council had approved the Green Valley Road contract and what was the timetable. Steve Simonson replied that the contract is in the works and would be able to brief the Commission at the next scheduled meeting. Gary asked if it were possible to provide the Commission with smaller zoning maps and was advised by Steve Simonson that next time an order was placed the smaller version would be ordered. Ernie Evans: Ernie commented on the traffic on FM3009 and mentioned that Schertz Parkway at 5:40 had a lot of traffic, which was unusual. Ernie was advised of an accident on FM 3009, which may have been the reason. Keith Van Dine: Keith had no comments. Joyce Briscoe: Joyce had no comments. Ken Greenwald: Ken passed out a copy of growth for Kendall, Guadalupe and Comal Counties. Ken reported that a reception was held Friday for four of the candidates to fill the position of City Manager. On Saturday, Dewey Cashwell of Virginia was selected. Mr. Cashwell was the best qualified with 22 years of experience. Ken stated that Mr. Cashwell would be informed and negotiation would proceed. Ken mentioned that the city had received a total of 48 candidates. 13 . . . .. . Ken also gave a brief report on the meeting held Thursday for the Seguin/Schertz Local Government Corporation. Steve Simonson: Steve informed the Commission that Johnny Woodward is in remission and he might be home by Christmas. He is feeling stronger and is pretty up beat. Steve reported that the City has been approached by AHM Development a firm out of Dallas, wanting to develop the corner of Elbel and Schertz Parkway. The firm would like to develop the area into apartments, however wants to know how the Commission feels about it. David Richmond stated that he believes the zoning is not an appropriate use of the land and that traffic is another issue. David Richmond: David asked what was the status on the FM78 project and was advised by Mr. Simonson that the bridge is the hold up, however, construction the project is still on time. David also asked if there was any word on off premise signage issue and commented that he would like to see GVEC use electrical bars instead of electrical wires. Electrical wires have been installed at the corner of Savannah Drive and FM3009. David commented that he was very pleased with the selection of Mr. Cashwell, and was very pleased with the selection of the four candidates, it was a good selection. David too wished everyone a safe and happy holiday. Steve Simonson: Steve reported that the City of Schertz would be advertising for a City Planner. 14 . . . , .. . #15 Adjournment: Gary Wallace moved to adjourn the meeting. William Sommers seconded the motion. The meeting was adjourned at 8:45 p.m. ^ i " r V. _ ", / r , , 0 if'J (/1/0 '-t./ hj\}VVVvn..v--.: Chairman, Planning and Zoning Commission ATTEST: .f; , '/;'ll-1,' ! /' . ( " /' r /, i .,,/" / ( '---...-..- I ,,II Planning I. cret~ry, City of Schertz 15