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11-28-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, November 28, 1995 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF PIA JARMAN, CHAIRWOMAN STEVE SIMONSON, MERWIN WILLMAN, SECRETARY ASST. CITY MANAGER TONY MORENO DENISE GRANGER, KEITH VAN DINE PLANNING SECRETARY ERNIE EVANS KEN GREENWALD, COUNCILMAN MEMBERS ABSENT OTHERS PRESENT DAVID RICHMOND (WORK RELATED) Sam Bledsoe, MBC Engineers #1 CALL TO ORDER Chairwoman Pia Jarman called the November 28, 1995 regular meeting to order at 7:00 p.m. Pia Jarman asked for everyone to observe a moment of silence in remembrance of Bob Andrews. #2 APPROVAL OF MINUTES: Regular Session November 14, 1995. Ernie Evans advised on page 5 next to the last paragraph third line down the word "one" needed to be deleted. Merwin Willman moved to approve the November 14, 1995 Regular Session minutes as amended. Tony Moreno seconded the motion which carried with a unanimous vote. #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. #4 CONSIDER AND MAKE RECOMMENDATION: Request from Sam Bledsoe MBC Engineers, to Rezone Approximately 2.00 Acres from General Business (GB) to Single Family Dwelling District (R-2). (ZC #124-95) Steve Simonson explained that more than half of the property is in the AICUZ Zone. The AICUZ as we know it is this side of Oak Street. It is on the outside of APZ 1 which does not allow any residential structure to be built in that type of area. It is in the APZ 2 area which does give the authorization to allow scattered site or nothing more than one residence per 1/2 acre. The understanding is that there will only be two houses platted on this property. Sam Bledsoe advised that the plan is to plat two one acre lots to front on Nell Deane. They both will be single family residential. Tony Moreno mentioned that it looks as if the density would not create a problem. Steve Simonson agreed, if it is platted the way they are requesting it to be zoned as a single family residential. Pia Jarman asked if they would be compatible with the other residential that is across the street? Steve Simonson advised that would be true. The R-2 zoning they are requesting is identical to the R-2 zoning of the adjacent homes. Tony Moreno commented if this was to follow along with that pattern then they would be able to plat 4 or 5 other lots. Sam Bledsoe stated this could give more flexibility later on if they wanted to develop the rest of the property. At this time they do not have any plans for the rest of that tract of land. Pia Jarman questioned that at some time there was talk about a business and a residential going on this property. Steve Simonson advised that was a different person. There have been several different people looking at this property. Merwin Willman questioned that this request is for two single lots to be split. If this is true it does not fall under the R-2 zoning. Steve Simonson stated that there is not a one acre lot zoning but if you say R-2 that is the zoning that goes along with the adjacent area. If they want to go with R-2 and make it one acre that would be acceptable as this would not be making it any smaller. Pia Jarman asked how it is determined that the property is only 1/2 in the AICUZ. Steve Simonson showed how the AICUZ area runs along the requested property which is just outside of Oak Street. The center line of the flight path is on FM 1518 in the creek. Keith Van Dine asked how often do they adjust or move the line for the AICUZ? Ernie Evans stated it is based on the type of air craft that will be flying in the area. Ken Greenwald advised that it had just recently been changed because they are flying different air craft. Steve Simonson advised that more than half of the property is in the AICUZ and lies within the APZ 1 area. The recommendation that Randolph Air Force has, that you may not put residential in APZ 1 because of accidents. -2- Keith Van Dine asked for clarification on Randolph Air Force Base guidelines that the City must obey. Steve Simonson explained that the guidelines are not binding. We do not have to do anything. The City has adopted the guidelines in the ordinance to follow to the best of our ability. There are always interpretations on what we should do but as part of our zoning ordinance which was adopted four or five years ago, the AICUZ zone would continue to be observed. Merwin Willman commented that the noise zone of the AICUZ has also changed. Merwin Willman questioned if granting of the request would not create an incompatible use, from the surrounding property. With this only being part of the property what is happening with the rest of the property? Sam Bledsoe advised that the owners own a very good size portion of the property which extends down to FM 1518 but at this time they are only asking for this portion. Steve Simonson mentioned that the owner is requesting to have the property rezoned as the lots are not yet owned by the people wanting to develop the property. Merwin Willman stated on the zoning checklist the petitioner must meet the following conditions as outlined in Article XXIII, Section 2, Paragraph 2.2.2.: 1. The requested changed is in keeping with the Comprehensive Plan adopted by City Council. 2. There have been environmental and/or economical changes which warrant a change since its original zoning 3. Granting of the request would not create an incompatible use different from the surrounding property, or show favor to the property under consideration for rezoning. (Spot Zoning) Pia Jarman said the request would be compatible with the surrounding property by staying with the R-2 rezoning; as far as the other changes, with bigger planes flying, to build in the area it may cause more of a hazard. Merwin Willman commented that the accident zone has not changed it is the noise zone that has changed. It is on the fringe of the noise zone for that area, the people would need to be notified in writing that this area is in the noise zone and the people need to sign a statement. Pia Jarman asked about the liability. Steve Simonson said all we are doing is using the AICUZ as a guideline. The ordinance for the City clearly states we are to follow the guidelines to the best of our ability but they are guidelines, exceptions can be made to the -3- guidelines. Ernie Evans said his concern is, if we are to continue the development of this land and the remaining property for residential we would be cutting right through the middle of zone 1 area by hitting the center of the flight path. This might not be a good thing to be doing and this needs to be reassessed for the future. Merwin Willman stated the reason this area was zoned General Business was due to the AICUZ. Windy Meadows was required to put their trailer park towards the back because of the AICUZ. Merwin Willman moved to disapprove the request from Sam Bledsoe MBC Engineers, to rezone approximately 2.00 acres from General Business (GB) Single Family Dwelling District (R-2) based upon the location in the AICUZ zone. Keith Van Dine seconded the motion which carried as follows: AYES: Merwin Willman, Ernie Evans, Keith Van Dine, Pia Jarman. NAYS: Tony Moreno. ABSTENTIONS: None. #5 CONSIDER AND MAKE RECOMMENDATION: Unified Development Code Pia Jarman stated that in a conversation with Mr. Sweatt, he has suggested a joint workshop with the Planning and Zoning Commission and City Council possibly to go over the UDC. He also suggested an executive summary be written on the UDC. This will be after the new year. Merwin Willman passed out a draft of a letter that is very helpful to go along with the UDC on what important changes have been made. Pia Jarman thanked Merwin for what will serve as the executive summary sheet. Tony Moreno moved to approve the UDC as prepared. Merwin Willman seconded the motion which carried with a unanimous vote. Merwin Willman mentioned if the Commissioners could please return the gray binders to the Planning Department for reuse. #6 CONSIDER AND DISCUSS: Future Growth Steve Simonson showed the planning map for the future growth for the next five years. Steve asked for the Commission to decide what areas they would like to go forward to City Council to have annexed by numbering in order of priority. The areas that are numbered "1" there will be no dispute over in the ETJ. The area towards Garden Ridge and IH 35 will not create a problem with the agreement with Garden Ridge. The area marked number "2" that is felt by the Commission that needs to be in our City, but it would be the City Council's responsibility to have the Mayor talk with the Mayor of San Antonio. If number "2" was to become possible, number 3-A would be more important than 3-B. There are more possibilities and less opposition. The city limits for New Braunfels is clearly -4- marked with the City of Schertz not being able to go any further north. San Antonio is shown from FM 1518 to IH 10. St. Hedwig is growing very rapidly to almost IH 10. We have to stay at least five miles from the city limits of San Antonio. With volunteer annexation the City does not need authorization. The question we need to ask ourselves is if we still feel the same way about the areas to be annexed and what recommendation, in a series of priority numbering is to be made to City Council. Ernie Evans asked about the current rules and limitations on the annexation. Ernie stated he has read the information from the conference in Arlington but it does not seem to go by what we as a City follow. Steve Simonson advised that the new annexation rules have been looked at and they have not hurt our City on what we can and can not do without being in penalty. We as a City can annex 10~ of our land area. As far as the carry-over Steve said he would look into that. We have not lost our ability to annex the 10~ but Steve will check on any roll over that may be available. Every time you annex land that adds to how much more you can annex the next year. Ernie Evans mentioned that for example if it was January of 1996 and we have already proceeded and started our process with area number "1" and four months later San Antonio agrees to release to the City area number "2". If we were to look at the area number "2" would we have already exceeded our limit on the land mass and would not be able to get to number "2"? Steve Simonson advised he would have to check on the square miles and see how much we have and how .much we have left as any carry-over. The City hasn't done any annexation for about three years. Merwin Willman asked about the area in Garden Ridge: what is in the area and what value would it have to annex that area? Steve Simonson stated at this time there is no value it is just an undisputed area. Ernie Evans mentioned if we are going to go -out next year to annex these areas and we have the support to do this, we should maximize that percentage usage. This would position us better sooner for future boundaries. While the City is working on one area they could start the process for the next area. If the City does have any percentage carried over from previous years we should use that now if we can afford it. The Commission was in agreement to look at the future development and discuss at the next meeting the recommendation to be given to City Council which will be written by Ernie, Pia, and Merwin after the square mileage etc. information is presented by Steve Simonson. #7 GENERAI. DISCUSSION: Pia Jarman: -5- Pia Jarman stated usually she puts herself "modestly" at the end, after all the Commissioners' have had a chance, but at this meeting she claimed executive privilege to make some remarks for the record: 1. Congratulations are in order for our Recording Secretary, Denise Granger, on being selected the Employee of the quarter (July-September 1995). 2. Thanks to David Richmond, our Vice Chairman for suggesting such a good method of selecting the new Commissioner. The numerical method he suggested and the Commission adopted gave each of the commissioners a means of evaluating without worrying about offending someone or having to vote negatively against any individual. I recommend that in the future this method be made standard operational procedure (SOP) in selecting a candidate for a vacancy. Tony Moreno• Tony Moreno stated he had no comments. Keith Van Dine: Keith Van Dine stated he had no comments. Ernie Evans: Ernie Evans asked who is responsible for the power lines that are on Schertz Parkway with a pile of dirt that keeps washing into the road. Steve advised that is GVEC and just as soon as they no longer have to help with the Christmas Ornament preparation, he will speak with them. Merwin Willman: Merwin Willman mentioned the article in the paper on manufactured homes was very interesting. Keith Van Dine asked about the water that was being wasted out on Ashley Park Unit 2 on who is responsible for that water being wasted. Steve Simonson advised that the developer has to hook up to a meter and they are responsible. Councilman Ken Greenwald: Ken Greenwald stated that Gary Wallace was appointed by the City Council as the new planning and zoning member. Ken Greenwald mentioned that he and Steve had attended the MPO meeting that was held in Live Oak and it was very interesting. As an exercise in decision making, fake money was used, with the individual players deciding which roads will be worked on. -6- Ken Greenwald commended the Commission on the disapproval of the rezoning on the property that is located in the AICUZ area. It was a very smart decision. Steve Simonson: Steve Simonson mentioned if everyone could get out on FM 78 and see how beautiful the Christmas decorations are. With the help from Mr. Peterson and the Public Works Department and the Christmas Committee, it has never looked better. ~8 ADJOURNMENT: Keith Van Dine moved to adjourn the meeting. Ernie Evans seconded the motion, which carried with a unanimous vote. Chairwoman Pia Jarman adjourned the meeting at 9:00 p.m. The next regularly scheduled meeting is December 12, 1995. e Chairwo an, Planning and Zoning Commission TTEST: Planning cretary City of Schertz, Texas -'7 _