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09-24-1996 - e PLANNING AND ZONING MINUTES . The Schertz Planning session on Tuesday, Municipal Complex Bob Parkway, Schertz, Texas. and Zoning Commission convened in September 24, 1996 at 7:00 p.m. Andrews Conference Room, 1400 Those present were as follows: regular in the Schertz PLANNING & ZONING COMMISSION CITY STAFF PIA JARMAN, CHAIRWOMAN DAVID RICHMOND, VICE-CHAIRMAN MERWIN WILLMAN, SECRETARY TONY MORENO KEITH VAN DINE ERNIE EVANS GARY WALLACE KEN GREENWALD, COUNCILMAN STEVE SIMONSON, ASST. CITY MANAGER DENISE GRANGER, PLANNING SECRETARY MEMBERS ABSENT OTHERS PRESENT . Doyle Woodman, 2107 Persimmon Drive Jim Gibler, 1528 Mt. Laurel Cr. Sam Bledsoe, MBC Engineers Mike Lancaster, Woodland Oaks Village Bill pasc..hal, 105 Moss Ridge Darwin Peek, 853 Maske Rodney Fisher, MIDTEX OIL John Westerbeck, 272 Green Valley Road James Beck, 1516 Mt. Laurel Circle Steven Springer, 308 Bent Tree Mike & Karen Kruege, 205 Green Valley Road Steve Powell, 1532 Mt. Laurel Circle Herb Rehmann, 1105 Antler J. Jaskowiak, 110 Plum Circle Bryon Steele, 1060 Elbel Road Charles McDonald, 2629 Cotton King Josh & Sue Moran 2917 Bent Tree Earl Sawyer, 512 Aviation . . . . e e 11 CALL TO ORDER Chairwoman Pia Jarman called the September 24, 1996 regular meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Regular Session September 10, 1996. Merwin Willman moved to approve the Regular Session minutes of September 10, 1996 as corrected. Tony Moreno seconded the motion which carried with a unanimous vote. 13 STATUS OF FINAL PLATS: Chairwoman Pia Jarman stated the final plat mylars signed in September: Dove Meadows Unit 4, Greenshire Unit 6, Greenshire Unit 4, and Intermediate School #1. 14 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. 15 CONSIDER AND MAKE RECOMMENDATION:Request from S.C.U.C.I.S.D. for a Specific Use Permit for an Intermediate School in Greenshire. (SUP #9-96) (Tabled 8/27/96) Pia Jarman stated at the meeting on August 27, 1996 this request was tabled. "It was moved that this request submitted by S.C.U.C.I.S.D. for a Specific Use Permit for an Intermediate School in Greenshire be tabled until the Commission receives written confirmation on who will provide construction of the road from Green Valley Road to Dietz Road". The motion carried. Pia Jarman stated in parliamentary procedure if something is tabled stipulating a contingency, until the contingencies are met it stays on the table or "lays on the table" as it is expressed in Robert's Rules of Order. If any member of the Commission wishes to take it off the table he will make a motion which has to be seconded. If there is such a motion, a second, and the majority votes "aye" on this issue it will be reopened for discussion. Otherwise it remains on the table. Pia Jarman mentioned the letter came from the Board of Trustees requesting that the Planning and Zoning Commission reschedule a hearing. The letter was addressed to Mr. Simonson. It states "that you reschedule a hearing with the Planning and Zoning Commission to consider a Specific Use Permit (SUP) allowing the school district to place an intermediate school on the Greenshire site. It is further requested that the SUP be placed on the Planning and Zoning agenda as originally submitted and that it be considered on the merits of the request." It has been placed on the -2- . . . e e agenda but according to parliamentary procedures that were mentioned earlier certain procedures need to be followed. Tabling is one of the things that is least well understood. If an item is tabled with conditions, until the conditions are met Chair cannot take it off of the table. However, a member of the Commission may move that the request be taken off of the table and it must be seconded, then we can reconsider it. It can also be retabled if that is the way the Commission votes. Pia Jarman stated that she had submitted a letter, as requested by a member of the school board who had explained that there are seven school board members and that each one be sent a letter. The letter was sent to all seven at the home addresses and there has been no acknowledgement that such a letter had been received. She asked those present if they received such a letter. Since no one replied Pia Jarman at this time read the letter that was sent to the board members of the Schertz, Cibolo, Universal City, ISD from the Schertz Planning and Zoning Commission regarding the request for SUP for the Intermediate School Greenshire Site. The letter from Mr. Simonson was mentioned with the specific requirements read aloud. Gary Wallace moved to take from the table the original request from S.C.U.C.I.S.D. for a Specific Use Permit for an Intermediate School in Greenshire, which was tabled on the August 27, 1996 meeting. Keith Van Dine seconded the motion which carried as follows: AYES: Gary Wallace, Keith Van Dine. NAYS: Pia Jarman, David Richmond, Merwin Willman, Ernie Evans, and Tony Moreno. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Request from MBC Engineers, for Final Plat Approval for Woodland Oaks Village (Gated). (PC #282-96) Steve Simonson stated the parkland fees had been paid. All of the changes that needed to be corrected had been corrected. The only item needing to be corrected was the name of a street to Woodland Village Place per the Schertz Post Office. Mr. Lancaster had submitted all of the documents: the final HOA policy, the maintenance agreement signed, and the budget. All of the documents required in the UDC are presented for this plat to be recorded as a final plat. David Richmond stated that in this particular plat, in the entry gate detail, two four foot wide islands are noted. Who owns these islands? Steve Simonson stated that the HOA is responsible as it is stated in the maintenance agreement because these are private streets. -3- . . . e e Merwin Willman asked if lot 1, block 1, will be for the school bus stop location? Steve Simonson stated this to be so. Tony Moreno moved to approve the final plat submitted by MBC Engineers for Woodland Oaks Village (Gated). Gary Wallace seconded the motion which carried with a unanimous vote. Dr. Peek, who wished to speak on a Woodland Oaks related matter, having been recognized by the chair, stated he lives within 1200' of Woodland Oaks. He filed a law suit against Dover Homes for the damage done to his property. Now some other contractors have been going through his property on Maske Road. If there is not to be another law suit again then the contractors need to stay off his property. Steve Simonson stated they should not be going onto Maske Road. He would look into the matter. 17 CONSIDER AND TAKE APPROPRIATE ACTION: Request from MIDTEX Oil for Revision to Previous Approved Sign for Texaco on IH 35/ FM 3009. (PC #216-96D) Steve Simonson gave the explanation on the background. Originally the sign was to be in what is now Arby's. When the land owners sold the property to Arby's they neglected to include the easement for the signage. The developers are now requesting to put a sign on the Jack-N-Box property with landscaping. Jack-N-Box has approved this request for a very high landscape area. They have requested to be able to put the sign on the Jack-N-Box property with a smaller sign to be used. Texaco was approved a sign, but it was a multi-use sign. Obviously there will not be a multi-use sign due to the property now being owned by Arby's. Ernie Evans asked about the location of the sign. It appears that the sign that is proposed will sit in the middle of the fast food lane for drive-through. Steve Simonson stated if you look at the gray shaded areas on the map, this shows as the driveway area into Jack-N-Box. The white area is the existing greenbelt area that is there now with no sign in it. Rodney Fischer stated Mr. Simonson is correct, that Texaco was originally granted a sign on the Arby's site. This was inadvertently left out of the sale agreement. They approached Arby's on a mercy type basis and basically Arby's did not want a huge sign obscuring their beautiful building. The one thing to clear up is that the Tri-County Developer is trying to work with Texaco and Jack-N-Box for a deal with the sign, in efforts to amend their mistake. Merwin Willman stated he is reluctant to see this sign go in this area especially with prices on it. If there weren't any prices he may look at it a little more favorably. Once this sign goes up -4- e e . Merwin feels other businesses in the area are going to want a sign. Rodney Fischer stated the other businesses in the area do have larger signs. Pia Jarman stated previously the Texaco was granted a monument sign. Steve Simonson stated this is true as it was supposed to be a monument multi-use sign in the easement to be used by the other businesses in the area. There haven't been any requests from the other businesses for any other type of sign than they already have. Gary Wallace moved to approve the request submitted by MIDTEX Oil for a sign for Texaco on IH 35/ FM 3009 to be located exactly as shown on the diagram submitted with their request. Keith Van Dine seconded the motion which carried with a unanimous vote. #8 GENERAL DISCUSSION: Pia Jarman: . Pia Jarman stated on the previous discussion on proxy vote she had done her research and this is how it reads in Robert's. "A proxy is a power of attorney given by one person to another to vote in his stead, and it is also used to designate the person who holds the power of attorney. Proxy voting is not permitted in ordinary deliberative assemblies. Unless the laws of the state in which the society is incorporated require it or the charter or by-laws of the organization provide for it." Neither applies in this case. She continued "Ordinarily it should neither be allowed nor required because proxy voting is incompatible with the essential characteristics of deliberative assembly in which membership is individual, personal and non transferable." The key word is "deliberative". In a public hearing we hear the public and then we deliberate on the issue. The other word is "incompatible." Keith Van Dine commented so proxy voting is not allowed in our organization. Pia Jarman stated according to Robert's that is correct. Since there is no such provision in our ordinances on procedures. Pia Jarman stated we will continue with the avenue that Councilman Ken Greenwald has started, which is if legally he can vote as an alternate in an emergency when the Commission does not have a quorum. Pia Jarman stated she received a very nice letter from the City Manager on behalf of the City Council. At this time Pia read the letter commending and thanking the P & Z on the recent completion of the UDC. . Pia Jarman stated why we are not voting for officers at this time. At the last meeting the request was submitted to City Council for approval to renew the terms of several P & Z members, but it did not make it on their agenda. After the City Council approves it at -5- e e . their next meeting, we will vote on October 8th. At that time whoever is chair will take over. Pia Jarman stated that in the last Texas Planning Review that was received there was an article by Carol Barrett, President of the TXAPA Board of Directors. She mentions restriction on annexations. That restrictions on annexations are being proposed. The Texas Legislative futurists are warning us of difficulties of the coming season for local planning. Maybe City Council needs to move on the annexation if indeed this is happening. Councilman Ken Greenwald stated that this issue comes up every two years. Pia Jarman commented that it might happen this year. Tony Moreno: Tony Moreno stated he had no comments. Keith Van Dine: . Keith Van Dine stated on item #5 on the agenda with the School District. He would have liked for this to come to a discussion because of things that they have said so that the people that have been involved could have been able to answer why they have not responded or done the things that were requested. Instead of going back and forth we could hear it from the horse's mouth. He is not afraid to confront them and say "why" didn't you respond to this and what do you plan to do?" This is the reason Keith felt it needed to be discussed. Gary Wallace: Gary Wallace stated the reason he wanted the school issue was so it could be denied and sent to City Council for their action. . Gary Wallace said that the gentleman that made the presentation at the last meeting on Kardy's Airport, based on Gary's own experience, used it as a scare tactic. Out of curiosity Gary stopped at Kardy's. It is a quiet little outpost out in nowhere. There seemed to be no activity. In the flight check there is a depiction of their traffic pattern and the rules that they perform by, with all take offs being into the wind. As discussed the last time, most of their flights will be to the south. In checking with Randolph, 80% of their traffic is to the south. Bob McKenney was the point of contact in talking with Gary. He said that at Kardy's they do not take a traffic count. There is an average of about four movements a week, with most of these being on the weekend. Their traffic pattern is to the north and east, primarily being the east. Mr. McKenney stated that most of the traffic patterns would make their turn about half way to the school site. Although the presentation was made as a very dire situation, neither Gary nor Mr. McKenney feel this way. Randloph's traffic presents a lot more hazard to the whole school system in Schertz. -6- e e . Gary Wallace asked Steve if the City had anything to do drainage on the southbound access from FM 3009 entering onto past Denny's and Ramada Inn. There is water when it rains goes out onto this road. with IH 35 that Steve Simonson stated this is the highway department's road and this is how they designed it. Steve advised that he would contact the highway department about this concern. Ernie Evans: Ernie Evans stated that he sees a problem on Schertz Parkway, southbound from IH 35, the area of Savannah Drive which enters Schertz Parkway. There you enter a curve and a hill with a left turn into Savannah Drive. With traffic in front of you, there is a blind curve coming over the hill. Steve Simonson stated that he and the Public Works Department have been discussing this issue and are trying to work something out. We are hoping to put in the first stop sign on Schertz Parkway in that area with a three way stop. Steve will get back with the Commission at the next meeting with an answer to this situation. Ernie Evans advised everyone that the Comprehensive Plan group will meet on Thursday night September 26, 1996 at 7:00 p.m. . Merwin Willman: Merwin Willman stated the last time there was a new member selected for the Commission we used a new procedure. Has this procedure been written up and put into our SOP? Pia Jarman stated that it has been written up, but no one at this time has a copy. We will provide a copy for everyone. David Richmond: David Richmond acknowledged Gary's point on the Kardy's presentation. The reason he asked Jim to make the presentation was that his presentation appeared to be such an eye opener to the school board. David felt he should present it to the Commission because of the fact that the school board knew nothing about the airport, never mind the traffic pattern. In the words of Dr. Springer it "merited further consideration" as the school administrative staff was unable to tell Dr. Springer anything. Whatever traffic was generated David felt, given the nature of the special use permit, this required the Commission as a whole to hear the same presentation. . David Richmond stated that he and Pia had discussed the school issue extensively. Keith's point in bringing it off the table was well taken. Gary's point is the one we did not discuss. We could have brought it off the table and either recommended approval or disapproval and sent it on to City Council. In view of the voting, -7- e e . neither was necessary. The last meeting on the school SUP, was well attended by school board members representatives who volunteered information and asked pertinent questions, leaving David with the impression that they thoroughly understood the intent of the Commission. Learning that the school representatives had shown a total lack of consideration of anything that this Commission has said or done since June 25th, bothered David greatly. We are not elected officials but as appointed officials we are a representative body of the City. It seems that we have an elected body treating us in a manner such that we could dispatch the problem to City Council and then they have another elected body that they could deal with. If we do that we are abrogating our responsibilities which is spelled out in a very well stated motion by Merwin on August 27th stating very plainly what this Commission required to get the request fully considered by the Commission. Further, as Pia said, her letter was ignored along with Steve's letter. The fact that we sent copies of the minutes of the meetings to the board members was also ignored. We have spent enough time talking about it to take up our meeting time with this request. "I think we took appropriate action and that is to leave it on the table, and make it very plain to the school board, our motion made on August 27th still stands and it is up to them to comply with the motion." . Pia Jarman said in Steve's letter it states exactly what has to be received for the request to come before the Commission for reconsideration. Merwin Willman commented that he felt the school board is going to go ahead to the City Council anyway. David Richmond stated it was more appropriate for us to table the request because to pass it out of our hands, even with a disapproval, really would have meant that we didn't require them to address the issue that we have been standing on for the last two meetings: the traffic concerns centered around the site of the school and the effect on our comprehensive plan and long range future of the City. This is a critical issue and an issue that should not be ignored by the school board. Merwin Willman commented that the school board may feel that they are getting pushed around. Pia commented that we are being pushed around. Ernie Evans stated we did not require anything from the school board that we have not required from any other developer asking for a SUP. If you read the SUP it states this Commission is supposed to look at the potentially negative impacts that surround what we authorized the SUP for. . Keith Van Dine stated he wanted "to put their feet to the fire" in front of this Commission so everyone could have a clear head. All we would have done would have been to open it for discussion but it -8- . . . e e could have been retabled. David Richmond asked how the annexation was coming along. Councilman Ken Greenwald stated with the beginning of a new fiscal year most of the meetings had been tied up with the budget but the budget has been passed so it should start moving along soon. David mentioned this is a concern to all of us. Councilman Charles McDonald stated the Commision did what he felt is absolutely right. The school board needs to go before the Commission before the City Council. They may ask to get on the City Council's agenda, everyone has that right. Councilman McDonald is only one vote on the Council, but he would support the P & Z position. David Richmond stated that maintenance on islands and streets, is a significant concern to the HOA board of Directors in the Greenshire Subdivision. Now that this HOA is formed and active under good management, there will be a transfer of the greenbelt property to the HOA. The question raised at the last meeting was who owns the islands in Bent Tree in Greenshire. Steve Simonson stated it was discussed during the platting with Mr. Vaughn who would maintain the islands. Mr. Vaughn stated he would make it part of the HOA responsibility. This was said at the meeting. When the other Units are platted it will be noted on the plats so there will be no question. On the gated communities that we have done so far, and any new developments, this will be stated on the plat. David Richmond stated in previous cases it was part of the HOA. Steve Simonson concurred. So there will be no need to have the developer deed the property to the HOA as it is the HOA's. Steve agreed. David stated the HOA has to be concerned about the liability of trees, with drunk drivers running into the island. Steve Simonson stated technically, but it is part of ROW. If someone hit the island they would sue the statement by the developer, Mr. Vaughn, was that the maintain the islands. the city's city. The HOA would Councilman Ken Greenwald: Councilman Ken Greenwald stated the letter read by Pia was from the whole City Council on a job well done on the UDC. Personally he knows the long hours that were put into the UDC, especially by Merwin and Denise. It is an excellent piece of work. Councilman Ken Greenwald stated at the last meeting the telephone towers was brought up. In driving around other parts of the county everyone seems to be getting them. There are some rules that they need to share towers when possible. We need to get something in our ordinance to try and get them to share as much as possible. -9- . . . e e Councilman Ken Greenwald stated the annexation will be coming for discussion again, now that the budget has been passed. taxes will go down a little bit as the result of the sales increases and other businesses coming in and paying sales tax. up The tax Councilman Ken Greenwald mentioned that the local area will remain in the 210 area code. The primary reason is because of the 911 district. Steve Simonson: Steve Simonson stated the construction plans for HEB have been received. He had been notified that the ground work will begin the second week of October with the completion date the last week of May 1997. Steve Simonson stated in talking with Mr. Sweatt today, now the budget is over, the City Council would like to have a meeting with the P & Z Commission on October 9, 1996 which is workshop. that joint their Steve Simonson stated Greenshire Unit 4 parkland fees have been paid and a letter of credit has been received. Steve Simonson stated in the Fiscal Notes there is mention of the IH 10 area. This item will be talked about more in the Comprehensive Plan meeting on Thursday night. At the MPO meeting there was a briefing on the state highway 130 which is moving right along. This will be from Georgetown to Seguin to connect with IH 10 to by pass the Austin corridor. It has many parameters to it. They are much further along with the Georgetown west area. The last area will be the one connecting with Seguin. This is the why of the importance of the IH 10 area. Steve Simonson mentioned there has been tremendous amount of discussion other than just continuing to widen roads. There needs to be other forms of transportation, and education on other areas. He will keep everyone informed as we go along. 19 ADJOURNMENT: David Richmond moved to adjourn the meeting. Tony Moreno seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 8:25 p.m. The next regularly scheduled meeting is October 8, 1996. ~TTEST : I' ;1 /, . .'~ ,..v/: // " U,A-'\ \....C~c / ~ I.i- L nY-'L Planning Secretary v City of Schertz, Texas n, Planning and Zoning Commission -10-