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08-13-1996 . . . LING AND ZONING MINUTES e The Schertz Planning and Zoning Commission conducted a Public Hearing on Tuesday, August 13, 1996 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, VICE-CHAIRMAN MERWIN WILLMAN, SECRETARY ERNIE EVANS KEITH VAN DINE TONY MORENO GARY WALLACE KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT PIA JARMAN, CHAIRWOMAN (VACATION) Mark Johnson, Bury & Pittman Eng. HEB James Wages, 400 Aero Ave. Steven Gonzales, Bury & Pittman Eng. HEB Bob McKenney, Foreign Affair Renae Benham, 402 Aero Ave. Mark Hepburn, 3724 Forsyth Park Tom Bolin, Don McCrary & Associates Dave Allen, MBC Eng. HEB t 1 CALL TO ORDER Chairman Pro Tem David Richmond called the Public Hearing to order at 7:00 p.m. David Richmond explained the procedures to be followed at the public hearing and thanked everyone for their concerned interest. The City Council public hearing will be held August 20, 1996. t2 PUBLIC HEARING: To Receive Citizen Input on a Request from the City of Schertz Planning and Zoning Commission for the approval and adoption of the Unified Development Code (UDC). (PC #278-96) Steve Simonson stated this is the final document which has been reviewed again by legal cousel. The last item to be reviewed was the maintenance agreement, which now has been forwarded to coincide with the gated community provisions. At this time we are going over the maintenance agreement. Once it has been reviewed and agreed upon by staff it will be forwarded to the appropriate developers. This should be finalized within the next week. . . . e e David Richmond asked if there were any further comments or questions at this time. 13 ADJOURNMENT OF PUBLIC HEARING: There being no further comments, Chairman David Richmond adjourned the Public Hearing at 7:04 p.m. The Schertz Planning and Zoning Commission convened in a regular session, after the Public Hearing, in the Municipal Complex Bob Andrews Conference Room, 1400 Schertz Parkway, Schertz, Texas. The agenda was as follows: 14 CALL TO ORDER: Chairman David Richmond called the August 13, 1996 regular meeting to order at 7:05 p.m. 15 APPROVAL OF MINUTES: Public Hearing and Regular Session July 23, 1996. Merwin Willman moved to approve the July 23, 1996 Public Hearing and Regular Session minutes. Tony Moreno seconded the motion which carried as follows: AYES: David Richmond, Merwin Willman, Tony Moreno. ABSTENTIONS: Keith Van Dine, Gary Wallace, Ernie Evans. All due to absences at said meeting. 16 STATUS OF FINAL PLATS: David Richmond stated there were none at this time. #7 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. 18 CONSIDER AND MAKE RECOMMENDATION: Request from the Schertz Planning and Zoning Commission approval and adoption of the Development Code (UDC). (PC #278-96) City of for the Unified Merwin request adoption seconded Willman moved to recommend to City Council approval for the submitted by the Planning and zoning Commission for the of the Unified Development Code (UDC). Keith Van Dine the motion which carried with a unanimous vote. 19 CONSIDER AND TAKE APPROPRIATE ACTION: Request from James Wages, 400 Aero Ave., for a Special Exception to the Zoning Ordinance of 7' for a side yard setback to install a carport. (BOA #77-96) Steve Simonson stated Mr. Wages was advised that a letter from the neighbor would have to be submitted. Mr. Wages has brought in the -2- e e . letter and also the neighbor is present at this time. Reane Benham, 402 Aero Ave., stated she has no problem with the request from Mr. Wages. Merwin Willman asked Mr. Wages why he felt he needed the carport to be the full length of the house which is 24'? James Wages stated he has a pick up truck and a station wagon and the full length is needed. Gary Wallace moved to forward to the BOA, recommending approval, the request submitted from James Wages, 400 Aero Ave., for a Special Exception to the Zoning Ordinance of 7 feet for a side yard setback to install a carport. Tony Moreno seconded the motion which carried as follows: AYES: David Richmond, Tony Moreno, Keith Van Dine, Gary Wallace. ABSTENTIONS: Merwin Willman, Ernie Evans. #10 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Mark Hepburn, 3724 Forsyth Park, for a Special Exception to the Zoning Ordinance for an accessory building setback from the residence from 10' to 6'. (BOA #76-96) 4It Steve Simonson stated there is a letter from the current owners that they are aware of the request from Mr. Hepburn who is in the process of buying the house. They have no objection. You will notice the pie-shaped lot that the house is on. Site plan shows intervening utility easements that intersect most of the back yard. Mr. Hepburn has five children and is in need of some place to store bicycles, toys, etc. The other side of the lot which is larger is where Mr. Hepburn would like to have his children play. Ernie shed Evans asked if the request changed by the location of being either towards the front of the house or the back? the Steve Simonson stated that on the side easement,it shows a 5' utility easement which is not used in this case so can be up to 3' from the fence. Gary Wallace asked if there is a fence in front of the shed. Steve Simonson stated that "yes" there is a fence in front of the shed. The shed is only going to be about 8 X 10. David Richmond asked what the height of the shed comparison to the fence? Mark Hepburn stated Commission would allow would be what he would put in. would be whatever in the . Ernie Evans stated he is not opposed to the storage shed. His concern is the shed being above the fence so close to the front of the house. -3- e e . David Richmond stated Mr. Hepburn at this time has no idea what he is going to build or where he is going to buy the shed. David's concern is with the shed being on the front of the house if it is 8 or 9 feet tall with a 6 foot fence that part of the shed will be seen in the front of the house. Gary Wallace moved to forward to the BOA, recommending approval, the request from Mark Hepburn, 3724 Forsyth Park for a Special Exception to the Zoning Ordinance for an accessory building setback from the residence from 10' to 6'. Tony Moreno seconded the motion which carried with a unanimous vote. 111 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Robert McKenney, for Site Plan Approval for Foreign Affair located in the Schertz Business Park. (PC #277-96) Steve Simonson stated this is an existing lot with the utility easement on the inside of the lot. The handicap parking is marked, the landscaping will be small shrubs, a rolling gate and a chain-link fence around the property, the lighting will be on the property and the only sign will be on the building. There is no need for a dumpster so there is no indication of such. . Merwin Willman stated he had talked with Steve about one concern if they are aware of the AICUZ zone. This will be addressed at the time of the construction plans. Merwin Willman moved to McKenney for the Site Schertz Business Park. carried with a unanimous approve the request submitted by Robert Plan for Foreign Affair located in the Tony Moreno seconded the motion which vote. tl2 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Don McCrary, McCrary and Associates, for Site Plan approval for the Intermediate School #1 on Savannah Dr. (PC #255-96) Steve Simonson stated they do not have their final landscape plan. In talking with them it is all going to depend on the water situation. The lighting is indicated on the site plan; there will be one sign either on the building or on a walkway. There will be no off campus sign. There is a chain-link fence around the property of the school. The dumpster enclosed is also indicated. Ernie Evans asked if the easement that curves on the property for the fire hydrants is indicated? Steve Simonson stated that "yes" it is on the plat. . Merwin Willman stated there are four fire hydrants: two on Inglewood, and two on Savannah Drive. Tony Moreno asked if this is a site plan as the title states Dimension Control and Utility Plan. -4- e e . Steve Simonson stated that "yes" this is part of plan which meets most of our requirements for a only thing missing would be the landscaping addressed. the construction site plan. The which has been Ernie Evans questioned why the sidewalks end at the exit and entrance points. Tom Bolin stated this is for wheel chair ramps that will cross the concrete approach slab and pick up on the other side. Tony Moreno moved to approve the site plan titled "Dimension Control and Utility Plan" submitted by Don McCrary, McCrary and Associates for the Intermediate School #1 on Savannah Drive. Gary Wallace seconded the motion which carried with a unanimous vote. #13 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Bury & Pittman, Consulting Engineers/Surveyors for Preliminary Plat approval for the HEB on IH 35 and FM 3009. (PC #191-96A) . Steve Simonson stated this is a replat of a previously platted piece of property, back in 1993, that was approved as lot 3 block 18, 18.934 acres. This is now 19.70 acres labeled lot 5 block 1, because lots 1 - 4 have been used and it needs to follow along. The main addition is the property in the back that goes behind Seguin State Bank. This is shown on the site plan of how HEB will be set up. In addition there is a second page that is provided showing the new way the drainage will be going out of the property for the over all development of this site. Merwin Willman asked if the drainage was the same? Steve Simonson stated it is more defined. In the past it was going to come out the back onto a 50 X 50 easement. At the bottom left it shows a 50 X 50 easement which was going to be used to bring the water back onto the property. Now with the development of Seguin Bank and other overall development that may take place in the area they have gone back and redesigned the drainage for the area, showing how the water will run off the site. Merwin Willman the new culvert? asked if the water would go down FM 3009 and Steve Simonson advised this to be true. into Ernie Evans asked if the drainage easement was changed to 20 X 50? Steve Simonson stated that no, it would be 20 by 20 all the way out. The 20 X 50 drainage is just to get the water off the property into the drainage system. Before the easement did not go anywhere and there was no follow on drainage. Basically it was going to be used as a sheet flow back onto the existing unimproved property and follow the natural course. Now it will have a different path. . Merwin Willman submitted by moved to approve the replatted preliminary Bury & Pittman, Consulting Engineers/Surveyors, -5- plat for . . . e e the HEB on IH 35 and FM 3009. Tony Moreno seconded the motion which carried with a unanimous vote. 114 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Bury & Pittman, Consulting Engineers/Surveyors, for Site Plan approval for the HEB on IH 35 and FM 3009. (PC #191-96B) Steve Simonson stated, as was mentioned in the notes, this is complete except for the landscaping and lighting which is being finalized. The personnel from Bury & Pittman have brought the revised site plan for review. They will provide a master copy of this for our records. Also you need to be aware that the HEB project will be done in phase's which also will be explained. We have the whole site plan to consider. Steve Gonzales stated the site plan is a little special with changes being made as late as last Friday. This is the final site plan that they would like to proceed with. The plans will be finalized this week with permits being requested. The changes on the site plan showing the lease space will probably be some type of fast food restaurant. A second change will be the phases that will take place with the 80,000 square foot store, with 12,000 square feet of retail, about 8,000 square foot pad site and the gas station. The lighting will be 4' to 6' candles in different locations which is not the urban type of lighting. The area in the back will eventually be for employee parking. The walkways will extend to the parking lot in the front of the store. This will help the customers to walk out without interfering with the vehicles. There will be landscaping incorporated in the master site which will be provided to the City. Most of the end islands have been utilized for landscaping. There will be bermuda grass which is required by the City. The trees will be crepe myrtle, pear, evergreens, cider elm, live oak, and oak. David Richmond asked what would be planted on the west side of the store as this will be where all the afternoon sun would be coming into the store. David mentioned crepe myrtles are pretty but they aren't going to keep the sun from blocking the front of the store. Steve front store. Gonzales with the stated there would be crepe myrtles all along other trees being placed further away from the the Gary Wallace asked if the signage has been finalized? Steve Simonson stated the signage for HEB was approved back in 1993. The request they have on the site plan is for another 60' sign on the access road of IH 35 which has not been approved. Steve Gonzales stated this was added for consideration. The signs that were approved back in 1993 were for a berm sign on FM 3009, and a pylon sign on IH 35. The retail shops have asked for a retail pylon sign, also on IH 35 access. -6- e e . Steve Simonson stated the two signs were approved before but third sign is part of the application before the Commission at time. The question is if this other sign is authorized, would two pad sites want their own external signs? Steve was under impression that the retail shops would be on the HEB sign. the this the the Steve Gonzales stated the intention would be for this sign to be a retail sign for the retail shops. They would not have their own signs other than on the building. The name of the shopping area would also be on the sign. The HEB sign would contain in-store information. Steve Simonson stated if the extra sign includes the pad sites, then the sign would make sense. This issue will have to be included in the site plan for clarification and stating this would be an independent sign for all of the retail building pad sites. Ernie Evans asked why the sign had to be 60' high? Steve Gonzales stated with 33,000 square feet of retail and two pad sites you need that much room to be able to identify the retail shops. Ernie Evans questioned if there were enough handicap spaces. Steve Simonson stated it meets the minimum number of spaces required by the ADA for the front of a retail shop. . David Richmond asked if the road coming in behind McDonald's is inside the property? Steve Gonzales said "yes". Steve Simonson stated before the meeting, he asked if McDonalds has contacted HEB about opening this up into the HEB parking lot. At this time Steve was informed that McDonalds has not contacted HEB. This leaving no entrance or exit to the HEB parking lot. Dave Allen stated that based on the plat that piece of the property is part of HEB. HEB acquired this strip of land which they own. If HEB wants this to be open it will be up to them. Merwin Willman stated that piece is not inside the line on the plat. Steve Simonson stated they did not have to show this as it was already bought. Dave Allen stated the first plat did not include this piece of land but this site plan does show it. Originally HEB purchased a piece of property from Barshop. Barshop continued to own the strip between HEB and McDonalds. Once it became apparent that Barshop had no reason to keep the strip, HEB acquired this at no apparent cost. It was incorporated into this plat so there would not be an unplatted strip. If this is going to create problem let him know. Steve Simonson stated if you go back to the original plat the road is indicated as part of the HEB plat. . Merwin and the Willman stated on the site plan it is not showing the property line is being shown on the outside. -7- road Steve . . . e e Simonson stated they don't have to show the road as it has already been built. Steve Gonzales stated the new site plan will be revised to conform with the road to be included. Tony Moreno moved to approve the site plan submitted by Bury & Pittman, Consulting Engineers/Surveyors, for the HEB on IH 35 and FM 3009 to include the 60' pylon sign that will contain all of the retail businesses and pad sites, landscaping, lighting, and show added drive-through used by McDonalds but owned by HEB. Gary Wallace seconded the motion which carried with a unanimous vote. 115 GENERAL DISCUSSION: Tonv Moreno: Tony Moreno stated he had no comments. Keith Van Dine: Keith Van Dine stated he had no comments. Ernie Evans: Ernie Evans stated he has been in contact with some citizens about the school in Greenshire. Apparently there was either some misinformation or misunderstanding as to how the traffic was to be routed in the area. This caused perhaps additional concern or undue concern with some of the citizens. In terms of many of the citizens this issue is still undecided. David Richmond mentioned he has some information that he will present later in the general discussion on the issue of the school. Ernie Evans asked if there was another date set for Comprehensive Plan? After some discussion it was decided to another meeting on August 29, 1996 at 7:00 p.m. the have Merwin Willman: Merwin Willman stated the pages that were in reference to the UDC will go behind the table future changes. the packets of contents in for Merwin Willman stated in doing some research there are four plats on which he would like to know the status: Lone Star Pet Supply, Live Oak Hills, ReMax Subdivision, and Guadalupe County. Steve Simonson stated the only status he has is that Guadalupe County has advised that they are going to be starting soon. Their building is being designed at this time. -8- . . . e e Merwin Willman stated last Tuesday night after the public hearings on the two gated communities, comments were made by members of City Council which suggested that the Planning and Zoning was inefficient and incompetent. Merwin mentioned he was hoping to have the recorded tapes available for the Commission, but the tape recorder did not work well and you cannot understand what was said on the two items. Merwin mentioned he was very unhappy about what was said and the way it was said, and wished the rest of the Commission could hear it. Gary Wallace asked if Merwin could offer a little more information. Merwin stated that the City Council feels the Planning and Zoning Commission is giving away too much commercial property to residential areas. Merwin stated a few months ago this same issue came up and he tried to explain to the City Council the history behind the land along FM 3009 which originally was general business and why it was zoned to neighborhood services. David Richmond stated he talked with Pia this past week and they discussed what would be appropriate action for P & Z. David stated he believes if the City Council has those feelings about the Planning and Zoning Commission, and the way we are doing our job, then it is very appropriate for the Commission to come together with the City Council and have an open discussion. The burden should not be put on either Merwin or Ken at City Council meetings to stand up and be counted. Each Commissioner has a stake in this; we are doing the job which we were appointed by the City Council to do. We are not elected officials. David stated that the P & Z does a very good job; we understand very well that there is a City Comprehensive Plan, and often remind developers that their proposals must conform to said plan. We have a good feel for land use and City development. We clearly have a Business Park for commerical development on the west side of IH 35 which has been the focus of a lot of attention lately. For Council to suggest that we are not paying attention to proper business use on the east side of IH 35, David feels is very inappropriate. We have routinely considered the best residential land use to include Neighborhood Services. David feels it would be appropriate to have a general discussion with the City Council so they can get a better understanding of our approval process. Merwin Willman stated he felt the City Council should come forward to the P & Z and let us know what they expect of us. Merwin mentioned it has been a very long time since the P & Z and City Council have come together for a general discussion. Keith Van Dine stated that the City Council gets a copy of the P & Z minutes but the P & Z does not receive a copy of the City Council minutes. Keith suggested maybe the P & Z should receive a copy of the City Council minutes. Councilman Ken Greenwald stated there may be some confusion on the platting process and the zoning process. The platting process -9- e e . itself comes in phases, and as far as Ken is concerned the P & Z is doing an outstanding job. A majority of the Council feels the same way. David Richmond questioned if it would be a good idea to suggest a joint meeting. Ken Greenwald stated he would bring it up at tomorrow night's workshop. Ernie Evans stated he is in favor of a joint meeting. If we are going to spend six months working on a revised Comprehensive Plan, we need to get the City Council's input so we know what direction to take. Merwin Willman stated with the drought we are having now, on the site plan for landscaping, we might come up with a system so developers may still show the landscaping but delay installation until the drought is over. Maybe it would be preferable to have a desert type of landscaping. Ernie Evans stated xeroscaping is a type of landscaping that is allowed that allows some types of trees, shrubs, and flowers. David Richmond stated he felt we should not go so far as to specify a type of landscaping nor should we separate or delay the requirement for a landscaping plan to be presented. Rather we should encourage developers to hold off until such time as the drought is over. . Steve Simonson stated there has already been one request for a delay in landscaping. In talking with the public works director, developers will need to grade the ground correctly and formally agree to put in the landscaping once the drought is over. The request was in the industrial park. Councilman Ken Greenwald: Councilman Ken Greenwald stated the two Macedonian Mayors and interpreter were here for a week to work with the City. They were really interesting people. On the way back from the airport they talked about how our City is in three counties. What they call a City is more like what we think of as a county. They went to San Antonio and the River Walk. They seemed to have a good time and it was a good experience for the City. Councilman Ken Greenwald stated the budget process has begun. Whenever a meeting or workshop is finished the budget process will begin, and last until 10:00 p.m. Anyone wanting to attend is more than welcome. The projections right now look pretty good. Steve Simonson: . Steve Simonson stated the only item he has is on the APA Conference. If everyone could please let him know their preference. If the Commission wants a Hospitality Room but wants -10- e e . to commute back and forth everyday, please let him know. David Richmond: . . David Richmond stated Doyle Woodman, who made the presentation for the Royal Oaks residents to the school board, has given him copies of the presentation. David handed out the copies at this time. There were mixed reviews on both the presentation and how the school board felt about it. From a personal standpoint, Mr. Woodman makes a pretty good compelling argument. Word on the street is that the school board is going to push for the Greenshire school and we probably will receive another request for an SUP at the next meeting. The individual homeowners' concern is last; everything else is a demographic concern of a neighborhood school. In reading the presentation as openminded as one can be, David was very impressed. David Richmond talked with Mr. Woodman last weekend following the school board meeting this past Thursday night. Some Royal Oaks' residents went not knowing it was a closed budget meeting and stayed outside the door to watch what was going on. The school board did discuss the school as they held up a map of the Greenshire location. This led the residents to believe that it was a done deal. The school board apparently has offered the Royal Oaks residents a concession to back off the road 30' immediately adjacent to their back property line. They have offered to them the option to buy this piece of property. The Royal Oaks residents are going to have a meeting this week with their lawyer to discuss if it is in their best interest to buy. The still unanswered question that David hopes to see, if the Commission does receive another SUP request, is how the school board is going to address construction of the road. It does not matter where they move that road in relation to the residents if we get no better response than we did the last time: that they may do something ten years from now. This is not what we need to hear. David stated he would not vote to approve the request if it doesn't have the additional ROW proposal included in it to be constructed in concert with the school. The road apparently is not being discussed by the school board per Mr. Woodman. Steve Simonson stated he has informed the engineer of the project that unless we had a guarantee that Unit V of Greenshire would be connected to Deer Creek and the road would be built to Deer Creek from Woodland Oaks, the Commission is unlikely to vote in favor. There also must be some kind of road built from Green Valley Road to Woodland Oaks Drive even if the school were to build a 25' service road; something to move as a circular drive to comply with the neighborhood school concept. On the Deer Creek connector, if money is a problem, Steve proposed with no guarantees that they might suggest a 60' ROW with 30' road. This would still provide for a good passing road that will carry the vehicles and the busses. They may be able to leave the curve off of one side with a gentle slope on the other side. -11- . . . e e Steve Simonson stated he told them his feeling at this time from the Planning and Zoning Commission. If the school comes with another request without the roads being built into the site plan and a guarantee from the developer on Unit V, "your chances are slim to none that the P & Z will approve the request". This is what Steve conveyed to them on behalf of P & Z. From a staff point of view, if the school makes some kind of agreement with the Royal Oaks residents to sell the 30' buffer, Cibolo residents will own 30' of land in Schertz City limits. This will cause concern about who will maintain what. The best option would be for the school to landscape the property with a nice drive as an overall part of the system. This would show the school board trying to work with local residents and guaranteeing maintenance of the landscaped area. 119 ADJOURNMENT: Ernie Evans moved to adjourn the meeting. Gary Wallace seconded the motion, which carried with a unanimous vote. Chairman David Richmond adjourned the meeting at 9:05 p.m. The next regularly scheduled meeting is August 27, 1996 at 7:00 p.m. Zoning Commission ATTEST: h \ ',- ~ "\ ;\~I,-~"j ~"" L\ 'y,/: \....../ ". /-- l;\. .>,1 Planning se;cret.ary~' City of Schertz, Texas -12-