Loading...
03-24-1998 PLANNINGx AND ZONING MINUTES The Schertz Planning and Zoning Commission conducted a Public Hearing on Tuesday, March 24, 1998 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Scherta Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF ERNIE E~ANS-CHAIRMAN, STEVE SIMONSON, DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER PIA JARMAN, SECRETARY MARY YBARRA GARY WALLACE PLANNING SECRETARY TONY MORENO KEITH VAN DINE JOYCE BRISCOE KEN GREENWALD, COUNCILMAN, ex-offico MEMBERS ABSENT OTHERS PRESENT Robert Watkins, 3029 Bent Tree Dr. Cliff Johnson, 6840 FM 1518 Ted Duigon, 1112 Antler Mike Keats, San Antonio, Tx. # 1 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. He requested that anyone wishing to speak, to come up the podium. The City Council's public hearing on this item will be held on Apri17, 1998. 1 ~2 PUBLIC HEARING: To Receive Citizen input on a request from the Planning and Zoning Commission, City of Schertz to rezone 77 acres of R-5, R-4 and OP to R-1, the Besch property (formerly North Wood Subdivision) located approximately 1650' east of FM 3009, bordered on the south by Green Valley Road, on the west by the Kermit G. Harborth property, on the north by the Simmons property, and the east by the Frederick Schlather property. (ZC #151-98). Ernie Evans opened the public hearing and asked for staff input. Steve Simonson stated that in accordance with the city ordinance, 32 letters were sent out to property owners within 200' of the property. Seven (7) letters were received back. Of the seven, four (4) were in favor and three (3) were opposed. Of the four in favor, three were in favor of only R-1 zoning. Chairman Evans opened the floor for citizen comments. Ted Duigon, 1112 Antler, informed the Commission that he addressed the Commission at the February 24, 1998 meeting and would like to reiterate. Mr. Duigon stated that on February l6, 1998, Mrs. Besch, the property owner, asked him to represent her. He stated that Mr. Harborth had informed him of the issue concerning rezoning of the property. He added that at the February 10, 1998, Planning and Zoning meeting, the agenda noted that the request from the Planning and Zoning Commission concerning the Besch 77 acres is shown as unspecified zoning. However, tonight the zoning of the property is disclosed showing a change of all the different zoning classifications to R- l . The zoning information was not indicated on the agenda at the Feb. 10 meeting nor published in the minutes of the meeting. He informed the Commission that on February 17, 1998, he requested a copy of the minutes of the Feb. IO meeting and was advised the minutes would not be available until the meeting of February 24, 1998. At the meeting of February 24 he learned the minutes would 2 not be ready for review: therefore, he was unable to determine any information on the zoning proposal. Mr. Duigon further stated that he had advised the commission that the landowner was surprised to learn that the Planning and Zoning Commission was considering rezoning of the Besch property. At this time, the Chair advised him ' that the Besch property was only part of the proposed rezoning. However, Mr. Duigon informed the Commission that the agenda of the February 10 meeting in item # 11 indicated that only the 77 acres of the Besch property would be rezoned. He also stated that he had advised the Commission of a contract of sale pending on the property with Randy Dym of Oak Trail Investments. The Chair informed him, that the Commission was unaware of any contract with Randy Dym or Oak Trail Investment. However, the Chair did inform Mr. Duigon that about six months ago someone had talked with Steve Simonson about development in this area. Mr. Duigon further stated that on February 25, 1998, that after some research he was provided with the minutes of an Oct. 28, 1997 meeting where Randy Dym of Oak Trial Investment proposed the rezoning of 43 plus acres behind Oak Forest from R-2 to R-5. At this meeting, Randy Dym responded to a question from the Chair, "that he had a contract for the purchase of the adjoining 77 acres zoned R-5". On March 9, 1998, Mr. Duigon stated that Steve Simonson advised him, that he, (Mr. Simonson) in the name of the Planning Department, had requested the rezoning of the 77 acres (Besch Property). Mr. Duigon stated that he wanted to obtain a copy of the minutes of the February 10, 1998, meeting in order to know the Commission's intention as to the rezoning of the 77 acres. However, at the Planning and Zoning meeting held on March 10, 1998, he learned that the minutes of the February 10, 1998, meeting would not be available until the following week on Thursday. On March 17, 1998, the minutes were made available and he was surprised to learn that on January 27, 1998, a letter was sent to the City Manager from the two property owners of Oak Manor 3 Estates requesting that the Besch property be rezoned from R-5 to R-1. In conclusion, Mr. Duigon stated that there had been no action on anyone's part to rezone the Besch property until after the public notification at the Planning and Zoning meeting of February ~8, 1997. Mr. Duigon stated that he feels it is unfair, untimely and perhaps illegal to rezone the Besch property from R-5 to R-1 while it is under contract, while adjoining property is zoned R-1 and R-2, and ' while other development continues in the adjoining tracts. #3 ADJOURNMENT OF PUBLIC HEARING: With no further discussion, Chairman Evans closed the public hearing at 7:10 p.m. #4 CALL TO ORDER: Ernie Evans called the regular meeting to order at 7:10 p.m. #5 APPROVAL OF MINUTES: Public Hearing Session and Regular Session of March 10, 1998. .Chairman Evans stated that a revised copy of the minutes has been handed out. He asked if there were any corrections. Joyce Briscoe stated that on page 6 in the third paragraph the word "bought" should read "brought". Joyce Briscoe moved to approve the revised copy of the March 10, 1998, minutes as amended. Keith Van Dine seconded the motion that carried unanimously. #6 STATUS OF FINAL PLATS: There were none. #7 BOA STATUS: Pia Jarman stated that the BOA met on Monday March 16, 1998, and approved the Special Exception requests from David Ebbers and David Mannecke. Also discussed were the voting procedures for the Board. Currently four concurring 4 votes are needed for approval. However, the Texas Municipal Zoning Law that was revised in 1997 states that only a 75% vote is needed instead of four concurring votes. At the next BOA meeting the Board will discuss amending the ordinance and the bylaws and consider a vote to adopt the 75% rule instead of their current voting procedure. #8 CITIZENS' INPUT OTHER THAN AGENDA ITEMB: There were none. #9 CONSIDER AND MAKE RECOMMENDATION: Request from the Planning and Zoning Commission, City of Schertz to rezone ?7 acres of R-5, R-4 and OP to R-1, and the Besch property (formerly North Wood Subdivision) located approximately 1650' east of FM 3009, bordered on the south by Green Valley Road, on the west by the Kermit G. Harborth property, on the north by the Simmons property, and the east by the Frederick Schlather property. (ZC # 151-98). Steve Simonson stated that as of this date no development, contracts or discussions have been submitted to his office. He has had a conversation with Mr. Duigon concerning the possibility of development and pending sales. Mr. Duigon told him that there is a developer that wants to purchase a 10 or 11-acre tract that is currently zoned R-4. However, to this date no one has come in with any plans for development. Pia Jarman commented that R-4 is multi-family, is ft not? Steve Simonson stated that is true. He also added that, specifically, the request discussed with him concerned the possibility of a nursing home. Steve informed the Commission that engineers for Ms. Besch were in his office today discussing the 43 acres behind Oak Forest. s Gary Wallace asked, what is the response of the three letters received in opposition? Steve Simonson replied that the concerns are traffic increase and too many homes. Ernie Evans stated that R-1 zoning would not increase traffic. In fact, it would decrease traffic. Is this not correct? Steve replied, this is correct. Pia Jarman informed the Commission that the citizens that are against or in favor perhaps do not know what the R-4 zoning means. R-4 zoning is multi- family which means an apartment complex. If traffic were a concern, R-4 zone would cause concern. Most of the public is not aware of the zoning significance of R-4 or OP. Gary Wallace asked what is the current status of the contract? Ted Duigon replied that a contract has been in affect since August 1997. He advised the Commission that Alamo Title gave an extension of closure until April 14, 1998, when they were informed of the proposed rezoning. Mr. Duigon added that Randy Dym is owner of the contract and also has purchased the adjoining 43 acres. Mr. Duigon commented that the attorney and realtor are concerned, and they are getting "cold feet" about the rezoning of this property. David Richmond reminded the Commission that the reason this request was put on the agenda is because of the increased interest in development in this area. The concern the last few years is that Green Valley Road can not take additional trafhc. The concern of the commission is how will developers approach the development of Green Valley Road regardless of the zoning. Our question to the developer has been, will Green Valley Road be improved for the additional traffic? David further stated that he recommends the zoning request be forwarded to the City Council for their public hearing and that it definitely be explained to the public. s Ernie Evans commented that this is in keeping with the current plans that the Commission has for the area in terms of zoning and economic development. Keith Van Dine asked, would the traffic be less if the area is zoned R-1 instead of R-4? Ernie Evans replied, this is true. Steve Simonson informed the Commission that the original zoning of the property was R-1. The zoning was changed to its present zoning by the. developer for development purposes. Mr. Simonson mentioned that R-1 is more compatible with the present area. Ken Greenwald pointed out that the zoning change would not be final until the first week in May. The request will have two readings before the City Council's public hearing. Pia Jarman stated that the reason there is not a public turn out is because it was assumed that the zoning would be R-1 and people did not understand all the other implications of the different zoning such as R-4 or OP. It is only fair to forward the request to the City Council so that the public can understand the difference in zoning and voice their opinions. David Richmond moved to recommend to the City Council that they take action on the request from the Planning and Zoning Commission, City of Schertz to rezone 77 acres of R-5, R-4 and OP to R-1, the Besch property (formerly North Wood Subdivision) located approximately 1650' east of li M 3009, bordered on the south by Green Valley Road, on the west by the Kermit G. Harborth property, on the north by the Simmons property, and the east by the Frederick Schlather property and that public hearings be set. Keith Van Dine seconded the motion that carried unanimously. # iQ CONSIDER AND MAKE RECOMMENDATION: Request from Clifford Johnson dba/Country Village Estates to rezone 31.030 acres on FM 1518 in Country Village Estates from RA (Residential/Agriculture to MH Manufactured Home). (ZC #149-97) (Tabled -November 25, 1997) Ernie Evans stated that before item 10 can be discussed it would have to be untabled. Pia Jarman moved to take item # 10 off the table for discussion. Gary Wallace seconded the motion that carried unanimously. Steve Simonson stated that the public hearing was never officially held because Mr. Johnson did not have proper documentation at that time. Since then, Mr. Johnson has obtained a deed of sale from Mr. Calhoun. If the Commission so desires, the request can be scheduled for a public hearing at this time. Ernie Evans asked if metes and bounds were made available at the meeting? Steve Simonson stated the metes and bounds are attached to the warranty deed of sale in the Commissioner's packets. Gary Wallace moved to forward and recommend to City Council to set public hearing dates for the request from Clifford Johnson dba/Country Village Estates to rezone 31.030 acres on FM 1518 in Country Village Estates from RA (Residential/Agriculture to MH Manufactured Home). Pia Jarman seconded the motion that carried unanimously. Steve Simonson stated that the public hearing before Planning and Zoning would be April 14, 199$, and before City Council on Apri121, 1998. # 11 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Don McCrary 8s Associates for Site Flan Approval of Keaco, Inc. Tri-County Business and Industrial Park (PC #364-98). s Steve Simonson informed the Commission that there will be no fence for the property, also the sign will be on the building. The plan also shows landscaping and a detail of what will be planted. The dimensions and floodlight information is shown on the second sheet of the site plan. All the setback information and parking are shown. Gary Wallace asked what kind of business is Keaco, Inc? Mike Keats stated that it will be packaging components. David Richmond stated it was a very good landscape plan. Ernie Evans stated that at one time there were plans for a complete waiver of the sidewalk requirement for the Tri-County Business Park. Steve Simonson stated that Zemex had proposed presenting such a request, but he does not know if it has been dome. Ken Greenwald stated that it has been brought before City Council, but no action will be taken until the UDC can be revised to also delete the sidewalk waiver for the Tri-County Business area. Gary Wallace moved to approve the request from Don McCrary & Associates for Site Plan Approval of Keaco, Inc. Tri-County Business and Industrial Park. Keith Van Dine seconded the motion that carried unanimously. # 12 GENERAL DI$CU$SIQN: Keith Van Dice: Keith asked about the water line out in his area. Steve Simonson stated that new water lines and fire hydrants are ongoing in the area. Toay Moreao: Tony had no comments. 9 Joyce Briscoe: Joyce informed the Commission that a public hearing to receive citizen input for expansion, or the building of another High School, was being held at the high school this evening. Anyone interested in attending will be most welcomed. David Richmond: David asked about the lease for the billboard on IH35. He is not in favor of signage on IH 35. Does the city have the option to renew the lease? Ken Greenwald stated that the city does have the option to renew the agreement, there is an option clause. Gam Wallace: Gary had no comments. Pia Jarman: Pia informed the Commission that she would be out of town at a class reunion and would not attend the meeting of April 14, 1998. Ken Grreenwald: Ken informed the Commission that Slim's Auto Paint and Body Shop is turning dirt and their sign has gone up. He also attended another meeting on April 2, 1998, in Seguin to discuss the waterline development and transportation. sieve Simonson: Steve commented that he is still looking into the fallen gate at Woodland Oaks Village that Joyce had asked about at the last meeting. He also added that the vote for the "Forum" (Shopping Center) in Selma has been approved. Steve stated that the City Manager has suggested that members of the Planning and Zoning Commission, or a committee, be selected to discuss the zoning issues of the city. The City of Schertz is one of the cities that still requires that public 10 hearings be scheduled for zoning issues. Ken Greenwald stated that it would be an agenda item. We are still planning a joint meeting. It will be on the agenda for April 1, 1998. Steve informed the Commission that the traffic signal light for Wpodland Oaks and FM 3009 is scheduled for July 1998. The FM 78 project is ongoing. To date, the City has purchased four parcels. The City will see construction in 1998. The bower. Seguin Road project has become a bigger bear than imagined and will be dropped from FY 1998 to FY 1999. The money will still be available for the project. Most of the trouble they are encountering is in our city limits. He will be attending a meeting on March 25, 1998, at Randolph Air Force Base for further discussion on this issue. Steve commented that there are several items that need to be amended in the UDC. There are two major mistakes that need attention very quickly. One is in Article 6, Sections 5.1 and 5.2, on accessary buildings. Those two paragraphs tend to argue against each other. The other change would be in Article 16, Sections b.3 and 6.4 stating that the legal notification time for public hearings is ten days when the State Law is fifteen days. Those two items need to be on the next agenda so changes can take place. Ernie Evans: Ernie asked the Commissioners if someone could attend the BOA meeting on April 6, 1998, due to the absence of Pia Jarman. Please check your calendars and let him know by the following Wednesday. Ernie commented he could not find the documentation on the APA information concerning the rules for minutes. He will continue to look for the information. 11 Ernie commented on the probiems with bandit signs on Savannah Square. Steve commented that if the signs can not be controlled the city will do away with the signs. Steve Simonson asked for the Commission to come up with issues to be addressed at the Joint meeting of the Council and Commission for placement on the agenda. The Commission was in agreement that the following issues should be addressed: 1. Signage 2. Annexation 3. Greet Valley Road 4. Comprehensive Plan ADJOURNMENT: Pia Jarman moved to adjourn the meeting. David Richmond seconded the motion that carried unanimously. The meeting adjourned at 8:15 p.m. l Chairman, Planning and 2oni g Commission ATTEST: Planning Secretary, City of Schert~, Texas Z2