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11-25-1997 n/s . . . e e PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a Public Hearing on Tuesday, November 25, 1997 at 7:00 p.m. in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION ERNIE EVANS-CHAIRMAN, DAVID RICHMOND, VICE-CHAIRMAN PIA JARMAN, SECRETARY GARY WALLACE TONY MORENO KEITH VAN DINE JOYCE BRISCOE KEN GREENWALD, COUNCILMAN, ex oficio MEMBERS ABSENT Tony Moreno 1 CITY STAFF STEVE SIMONSON, ASST. CITY MANAGER MARY YBARRA PLANNING SECRETARY OTHERS PRESENT Robert L. Home, 1422 Circle Oak Robert Wolfkill, 4201 Golden Oak Dan & Mary McDonald, 4300 Crown Oak Robert Hawkins, 4301 Crown Oak Barbara Moothart, 4208 Crown Oak Jackie Moothart, 4208 Crown Oak Cliff Johnson, 6840 FM 1518 Richard J. Adams, 4305 Spanish Oak Kermit Harborth 1204 FM 78 T.G. Zipp, 300 Landa St. NB,Tx J.E. Aderhold, 602 Milam Bldg. M. Domgard, 1505 Green Valley Rd Pat Garrett, 1509 Green Valley Rd Mickey Tereletsky 705 Marilyn Dr. ~ . . . e e 11 CALL TO ORDER Chairman Ernie Evans called the meeting to order at 7:00 p.m. Chairman Evans explained the procedures to be followed at the public hearing and thanked everyone for their concerned interest. The City Council public hearing on this item will be held Dec. 2, 1997. 12 PUBLIC HEARING: To Receive Citizen Input on a Request from Lancaster Development Company to rezone approx. 40.66 acres of Kermit G. Harborth property bounded by FM 3009 and Green Valley Road from R-1 to R-6 and to R-2 the portion bounded by Oak Forest Subdivision (ZC #147-97) Chairman Evans asked for staff input. Steve Simonson stated that due to an omission in the names notified in writing that live within 200' of the request, the public hearing has to be cancelled. Two of the property owners were missed in the notices mailed out. Based upon the requirements in the UDC and State Law concerning public notices the public hearing has to be rescheduled, so a corrected list and mail out is done along with new announcements in the paper. Ernie Evans stated that in accordance with the UDC and the laws of the State of Texas, the public hearing on the request from Lancaster Development Company is cancelled. Ernie Evans informed the citizens that were present that the meeting will be rescheduled for the first meeting in January. Chairman Evans apologized on behalf of the Commission to present for any inconvenience caused by the cancellation. everyone would come back at the rescheduled meeting. everyone He hoped 13 PUBLIC HEARING: To Receive Citizen Input on a Request from Clifford Johnson dba/Country Village Estates to rezone 31.030 acres on FM 1518 South in Country Village Estates from RA (Residential/Agricultural to MH (Manufactured Home). (ZC #149-97) Ernie Evans asked for staff input. Steve Simonson stated that in accordance with the City ordinance, five (5) letters were sent out to property owners within 200' of this property. Two (2) were returned and were in opposition. Mr. Johnson has provided a letter from Mr. Calhoun, the owner of the property requesting his desire to rezone, however, there is a stipulation. -2- e e . Ernie Evans stated that the document presented to the Commission shows an escrow that has been set up to close on the property. The letter provided to the Commission states that Mr. Calhoun approves "the rezoning of the above mentioned property from RA to MH upon closing of escrow with Mr. Clifford Johnson." Chairman Evans asked if the escrow account has closed? Mr. Johnson stated that he and Mr. Calhoun had discussed the issue at length and that Mr. Calhoun had concerns about the large amount of money so close to the end of the year and paying taxes. He would prefer to have a year to play with the money before he has to pay taxes. Mr. Calhoun agreed to the escrow account as early as next week. All parties agreed on the closing of the escrow account as early as Jan. 1, 1998 stated Mr. Johnson. Ernie Evans stated that the way the letter reads without the closure of the escrow account, Mr. Calhoun is not in agreement to the rezoning of the property and therefore the request can not be heard tonight. Chairman Evans added that the only way the request could be heard would be if a letter is provided by the property owner (Mr.Calhoun) or someone acting as his agent giving the authorization for the rezoning. Mr. Johnson assured the Commission that Mr. Calhoun was aware of the escrow account being set up and that it would go into effect next week. Ernie Evans stated the Commission understood the situation but that the document as written tied Mr. Johnson to a stipulation, that in order to represent him (Mr. Calhoun) the stipulation of the closure had to be met. . Gary Wallace asked if delaying the request would cause any problem. Mr. Johnson stated he did not want to delay his engineer, Lee Moran any longer. He would like to keep the project moving and not bring a halt to the project. Ernie Evans stated that without the property owner's permission the request could not be heard but that it did not prevent the construction plans or the design process from proceeding. Actual construction can not begin. Mr. Moran asked if the letter is provided from the property owner as required, will the request be approved? Ernie Evans stated the request would be heard, however he cannot predict the outcome. Chairman Evans stated the earliest the request can be heard would be the first meeting in January of next year. Ernie Evans thanked everyone for attending the public hearing and apologized for any inconvenience caused and closed the public hearing. . 14 ADJOURNMENT OF PUBLIC HEARING: Chairman Evans adjourned the Public Hearing at 7:20 p.m. -3- . . . e e #5 CALL TO ORDER: Ernie Evans called the regular meeting to order at 7:20 p.m. #6 APPROVAL OF MINUTES: Regular Session of November 17, 1997 Joyce Briscoe moved to approve the minutes of the regular session of November 17, 1997 as written. Gary Wallace seconded the motion which carried as follows: Ayes: Ernie Evans, Joyce Briscoe, Gary Wallace, David Richmond, Pia Jarman Abstention: Keith Van Dine (absent at said meeting) 17 STATUS OF FINAL PLATS: None to Report. #8 BOA STATUS: No actions to report. scheduled for December 8, 1997. Next BOA meeting is 19 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. #10 CONSIDER AND MAKE RECOMMENDATION: Request from Lancaster Development Company to rezone approximately 40.66 acres of Kermit G. Harborth's property bounded by FM 3009 and Green Valley Road from R-1 to R-6 and to R-2 the portion bounded by Oak Forest Subdivision. (ZC #147-97) Ernie Evans stated that based on the results of the public hearing, there would be no staff input or other this point. proceeding input at Gary Wallace asked of the letters that were sent out, what was the feed-back? Steve Simonson stated that out of the 11 (eleven) letters sent out 3 (three) were returned in opposition. Pia Jarman asked if there should have been a total of 13 letters. Steve Simonson replied yes. Pia Jarman moved that the request from Lancaster Development Company to rezone approx. 40.66 acres of Kermit G. Harborth property bounded by FM 3009 and Green Valley Road from R-1 to R-6 and R-2 the portion bounded by Oak Forest Subdivision be tabled, due to the cancellation of the public hearing. Gary Wallace seconded the motion which carried unanimously. #11 CONSIDER AND MAKE RECOMMENDATION: Request from Clifford Johnson dba/Country Village Estates to rezone 31.030 acres on FM 1518 South in Country Village Estates from RA (Residential/Agricultural to MH (Manufactured Home). (ZC #149-97) -4- . . . e e Ernie Evans stated that based on the results of the public hearing there would be no further input. Gary Wallace moved to table the request from Clifford Johnson dba/Country Village Estates to rezone 31.030 acres on FM 1518 South in Country Village Estates from RA (Residential/Agricultural to MH (Manufactured Home) due to the lack of the property owner's approval. Keith Van Dine seconded the motion which carried unanimously. #12 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Wunderlich Builders, Inc. for Site Plan Approval for Lone Star Pet Supply, Inc., Tri-County Business and Industrial Park. (PC #348-97) Steve Simonson stated the site plan has been corrected as requested. All items have been added to the site plan: landscaping, monument sign information, etc.. The packets also contain a copy of a letter requesting the sidewalk requirement be waived. City Council will hear the request and take action at their next meeting. Ernie Evans stated since City Council has not heard the request yet and no action has been made, the site plan mayor may not be correct. Mr. Stahl commented that he and his wife would be happy to answer any questions that the Commission might have. Ernie Evans stated the Commissioners are satisfied with the site plan and the concerns Mr. Stahl had on the sidewalk requirements. Pia Jarman moved to approve the request from Wunderlich Builders, Inc. for site plan approval for Lone Star Pet Supply Inc., Tri-County Business and Industrial Park provided City Council approves to waive the sidewalk requirement. Gary Wallace seconded the motion which carried unanimously. 113 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Jim Long to use his Business Property Block 20, Lot 3 and 4 Freeway Manor Subdivision without access to a recognized public street. (PC #349-97) Steve Simonson stated that his notes explaining the request is in the Commissioners' packets. There is a letter from Mr. Bunce, the attorney representing Mr. Long, dated Sept. 24, 1997, appealing the decision made by the City. There is also a drawing of the proposed sheds in the packets. The question the City asked is, what type of business did Mr. Long want for this project? At the time Mr. Bunce did not have an answer. Steve stated the -5- e e . application states storage sheds and "the same permit" that ALCON was given. ALCON has a public display of storage buildings on the access road in the General Business area of Freeway Manor. Mr. Long's property is in the General Business area of Freeway Manor. However it is a half a lot and a half off the access road of IH 35. Pia Jarman stated in the undated letter from Mr. Long to the City of Schertz it states "portable buildings on skids." By the drawing she assumes it is two (2) buildings of equal dimensions, but she has no idea what kind of buildings or for what purpose they are. Mr. Bunce stated he is representing Mr. Long in the Freeway Manor Subdivision in the ongoing request with City Council for some time now. Mr. Long has complied with the City's request to give drawings of the portable buildings. There are two (2) sheds of the same size on skids and they are not permanent buildings. "Our dispute with the City inspector is why ALCON is given a permit." We are aware ALCON has frontage on IH 35 which is a gravel road, and Mr. Long property is 45' from the frontage road which is also gravel and is well maintained. Mr. Long wants equal protection under the law of the City. AlCON does not have a permit or water or sewage. All Mr. Long is asking is to be treated in the same manner as ALCON and to have the same access to the business property. The property is zoned in the same way as Freeway Manor and the same as the ALCON buildings. We have a letter from County Commissioner Wolverton stating the gravel road, Hope Lane is recognized as a county road and the city map has the road platted. We don't see the objection. One objection, at a City Council meeting, by Kerry Sweatt was that it did not have water hookup. ALCON does not have water but has access. . Pia Jarman asked "What is the purpose of the storage sheds?" Mr. Long stated for storage of paint. Pia asked "It will not be for sales purposes?" Mr. Bunce stated Mr. Long will not be living in the storage buildings so there would be no need for sewage or water. . Ernie Evans stated the Commission cannot address anything other than what comes before the Commission in terms of documentation and or requirements. Chairman Evans stated that looking through the documentation: i.e. the application, letter of Sept. 3, 1997, letter of Sept. 24, 1997 and the diagram of a building and a location map showing the location of said property, is all that is available to the Commission. The Commission can address those issues but there are several things that are inconsistent with the requirements. According to the UDC a simple site plan is required. The site plan needs to show the location of what is proposed for the property to include any easement or setback. There is also a section of the UDC pertaining to non conforming uses; permissible land uses are several pages long and storage sheds are not included in this listing. Ernie Evans stated that in Article 4, section 4 paragraph B, which addresses unlisted uses, which are referred to P & Z, the following facts are required: the nature and use of the proposed storage shed, volume of paint in the storage shed etc.. Without all the proper documentation, the Commission can not make a valid decision. -6- e e . Jim Long stated that all he has gotten is the run around from Mr. Simonson and Leonard Truitt. Mr. Long commented that all he wants is two storage buildings to store paint, "a lawnmower or whatever I want to keep in the storage building. I feel I am not getting equal treatment." Mr. Long asked for an explanation on the requirements of the site plan. Steve Simonson stated he could provide the information if Mr. Long will come by the City. Mr. Long stated that City officials; the City Manager, Steve Simonson and Leonard Truitt are the most rude people and that City Hall is like a Hitler. Mr. Long stated he is a veteran and he has never seen a place like this, all they do is give you the run around in circles. Mr. Long stated that Edmund Kuempel and Jim Wolverton can verify to this. Pia Jarman stated that the issue is also the road. Ernie Evans stated the issue of the road is addressed, it is that there are two pieces of property with a property line in between. Whether the sheds are supposed to be on a piece of property or both pieces of property and where the setbacks are supposed to be. This is obviously in question with no site plan. . Steve Simonson stated there is no road to the business. There are businesses along the access road of IH 35 that have access to the IH35 public road, these businesses did not request water or sewer. The two businesses that are there have water and came in with a site plan for an outside storage on the lot they are leasing. When Mr. Long first made his request, the City was told it was going to be a business. "This is the first I have heard that it is a storage shed." Gary Wallace asked how the Commission handles the request. Do table the request or disapprove it and have it resubmitted in entirety? we its Keith Van Dine stated if the information is brought forward the Commission will consider the request. then Steve Simonson stated Mr. Long the property not a business use. "general business". is now asking for personal use of Pia Jarman commented the area is Steve Simonson stated the attorney will be given all the information needed and we will specify the questions that need to be answered, so the Commission can make a decision. Ernie Evans asked if the statement made is true that this is an accepted county road. Steve Simsonson stated he had not seen Commissioner Wolverton's letter and would need to ask the City Manager if he has seen the letter. Mickey Tereletsky was confused about personal use vs business use in terms of storage/selling paint. . David Richmond stated the key word is "use", you can put a storge building in a Commercial piece of property but if the use of the -7- . . . e e property is for business purposes that is a "use." If you have a business piece of property where it is used for personal use that is where the conflict would be because the property is zoned for Commerical purposes (business use) i.e. on a business piece of property you can not place a mobile home and live there. Keith Van Dine moved to table the request from Jim Long to use his Business Property Block 20, Lot 3 and 4 Freeway Manor Subdivision without access to a recognized public street, until the appropriate documents are presented. Gary Wallace seconded the motion which carried unanimously. Ernie Evans asked Mr. Simonson if he would get a clarification on the issue of the county road i.e. copy of Commissioner Wolverton's letter. Steve replied he would do so. #14 GENERAL DISCUSSION: Keith Van Dine: Keith suggested having a notarized document from anyone acting as an agent or acting on behalf of a property owner. The city would be on safer ground if the original petition is notarized. There would be no question. Ernie Evans stated that in the future maybe this would be something that would be a requirement for documents submitted. Joyce point, agent. Briscoe stated she would feel better from a legal if the power of attorney is given to anyone acting stand as an Garv Wallace: No Comments. Jovce Briscoe: Joyce would like to take another tour of the city because in first tour Freeway Manor was passed up. Organizing another would be a good idea to get familiarized with certain areas. the trip Pia Jarman: Pia suggested entering Merwin Willman for an APA award mentioning all the different things he has done for the City. Steve Simonson replied yes we can. Pia stated that the TX APA notification awards will be sent in February. The completed nomination package needs to be submitted by mid April. Pia reminded everyone that at the December 9th P & Z meeting, she will have her traditional egg rolls. -8- . . . e e David Richmond: David commented on the FM 3009 access road. It is a traffic problem. Can the Highway Dept. take a look at the problem or the Police Dept. or does there need to be a fatality before anything is done? Steve Simonson stated he would check into it. Ken Greenwald: Ken commented that unfortunately only deaths warrant a look by the Highway Department. Woodland Oaks next year will have a light at that intersection. Ken commented that the original 30 acres of Clifford Johnson property that is zoned MH, the Council had thought of rezoning it back to RA which was the original zoning but the Council decided to keep the property zoned MH (Manufactured Home), however it can be changed. Johnny Bierschwale and Ken attended a preliminary budget hearing at Canyon Region Water Authority where discussions on water prices and other issues for the surrounding areas were considered. The Carrizo Wilcox study is still ongoing. The area will get water one way or another. Steve Simonson: Steve Simonson apologized for the fiasco at the public hearing. He had become aware the day of the meeting late in the afternoon that not all property owners had been notified, due to this legally the public hearing could not be held. The tax department had left off the two property owners. Ernie Evans: Ernie Evans requested that on the next meeting of P & Z of Dec. 9, 1997, that the cancellation of the 23rd meeting be put on the agenda. Ernie Evans asked had a joint meeting with City scheduled? Steve Simonson replied not at this time. added that the next P&Z meeting is scheduled for Dec. Council been Ernie Evans 9, 1997. Ernie Evans stated that the Schertz Bank construction along quite well. He also mentioned that it looks like still surveying in the area. is coming LCRA is Steve Simonson stated the City has been in discussion with LCRA concerning the Master Plan for the City. There are many issues that are being discussed such as: power lines, pole types etc. Steve also mentioned that the road issue is a workable issue and all issues are being considered and discussed. -9- . . . a e Ernie Evans asked Ken Greenwald about the land issue for the City facilities that was passed in the bond issue. Ken Greenwald commented that five acres have been bought across the existing driveway to the present facility and some additional land right behind the existing building. This purchase has saved the City about $30,000 on moving to have a separate radio transmission system for the SAFE facility. There is enough land for both facilities (Police Dept., SAFE). The City saved on the land purchase because some of the land is in the flood plain and was cheaper to purchase at present. Ernie Evans mentioned that he had some draft map for the Commissioners that were working on the Compo Plan. We need to schedule a meeting to formalize the area of Schermerville so we need to arrange another meeting so we may move forward. He asked those involved to stay after the meeting to set up a time. David Richmond asked if there is anything to report in the widening of FM 78. Steve Simonson stated that currently the City is buying the ROWand is moving along. We have mailed out a total of ten of the nineteen parcels, we will mail out the other ten shortly. The City is ready to cut its first check and is in the works for another parcel closure. If there is no problem he estimates that by March all the property should be bought. Ernie Evans asked had anyone taken a look at the business at the corner of Main St. and Schertz Parkway. The place looks junky and the banner is still there. t15 ADJOURNMENT: David Richmond moved to adjourn the meeting. Pia Jarman seconded the motion which carried unanimously. The meeting adjourned at 8:35 p.m. Chairman, Planning and Zoning Commission ATTEST: Planning Secretary, City of Schertz, Texas -10-