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05-23-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, May 23, 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, CHAIRMAN STEVE SIMONSON, DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY MARGIE MONTANEZ, TONY MORENO RECORDING SECRETARY BOB ANDREWS KEITH VAN DINE ERNIE EVAN5 KEN GREENWALD, COUNCILMAN OTHERS PRESENT Don McCrary, McCrary & Associates John Durbin, Colglazier Properties Woodrow Woods, Denny's Subdivision George Deze, Instel Neil Pansley, Instel #1 CALL TO ORDER Chairman Pia Jarman called the meeting to order at 7:00 p.m. ~2 APPROVAL OF MINUTES: Public Hearing and Regular Session May 9, 1995. Tony Moreno moved to approve the May 9, 1995 Public Hearing and Regular Sessions Minutes. Merwin Willman seconded the motion which carried as follows: AYES: Pia Jarman, David Richmond, Merwin Willman, Ernie Evans, Keith Van Dine, Tony Moreno. NAYES: None ABSTENTIONS: Bob Andrews. (Due to absence from said meeting) #3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS: There were none. ~4 CONSIDER AND MAKE RECOMMENDATION: Request by (the City) for The Rezoning of 8.61 Acres on the Corner of Elbel Road and Schertz Parkway from R-4 (Apartment/Multi-Family Dwelling District) to NS (Neighborhood Service District) Steve Simonson handed out a letter from Joe Veytia with a sample of a market feasibility study that was done. Mr. Veytia has stated in his letter what he has done and what he is doing to make the property become alive. Steve Simonson mentioned that John Durbin was present to represent Joe Veytia for any questions the Commissioners may have. Steve Simonson advised that Joe Veytia is requesting a one (1) year extension on the R-4 (Apartment/Multi-Family Dwelling District), 8.61 acres on Elbel Road and Schertz Parkway because of all the development he has going at this time. Pia Jarman inquired if the extension will be for one (1) year from May 23, 1995. Steve Simonson advised that was correct. Bob Andrews questioned on item 5 on the letter from Joe Veytia. Why was there a for sale sign on the property at the corner of Mitchell and Schertz Parkway for Multi-Family (R-4), the day after the rezoning? Bob Andrews asked if the land was rezoned to be able to resell the property or was it rezoned to build? John Durbin stated that it was bought from Frost Bank with Colglazier Properties handling the transaction. The signs remained on the property after the first purchase as it was bought with two (2) other tracts. John Durbin commented he felt it could have been because Joe Veytia retained his firm, Colglazier, to market the property after the purchase. John Durbin stated that the signs were kept up in case of a joint venture situation and to let the community be aware that the property had been rezoned from NS to R-4. Pia Jarman commented that citizens got the impression the property was just for sale but after the rezoning there was a sign stating for sale, multi-family, giving the impression that it had been rezoned and now the property is being resold. John Durbin explained their signs read for information call because there is not a lot of information on the sign. Merwin Willman commented on the research program for the Air Force development for new housing and also the survey with the results for our area whether there is sufficient multi-family housing or if there is a need for more. If more is needed, how much more, and he would like to know the results of the survey. John Durbin stated the report was completed in August 1994 with a few months on it. At that time the report advised there was a need for 330 multi-family units in Schertz. The report did not address any needs or demands from the Air Force or military bases. If you _2_ were to go to the housing office on the military bases they will inform you that there is a waiting list any where between six (6) to nine (9) months for apartments or single-family. In reference to the new program this was developed by the U.S. Air Force. Defense Secretary Perry has asked Congress for 1 billion dollars which will be voted on in October. Defense Secretary Perry has determined that the private sector can do a more efficient job in creating new housing or redoing the existing military housing. In October if it is voted on and the money given, Perry is proposing the government participate with the private sector in building facilities for guaranteed mortgages or leases. Merwin Willman explained he is interested in the future need for multi-family in Schertz. If there are other requests for this will the report help in making a decision for approval or disapproval. John Durbin stated he would leave a full copy of the report on the market study with the Commission for their review. Steve Simonson commented that the report would be helpful. Bob Andrews asked that if this survey was done in August 1994, now being nine (9) months after, and there was a study for a need for this type of housing, and Joe Veytia is just now applying for a loan? John Durbin stated that Joe Veytia is in the pre-application stage of the process with the HUD people for FHA financing. The conventional lenders, most of them not having enough information about Schertz, Texas, this type of financing did not seem to be the most promising. The small piece of property that is being developed for Ron Wood, the eight (8) garden lots, came about and became more feasible with all the attention at this time being focused on this project. Joe Veytia's goal, if the market is right, is to do the garden lots and then he has a small tract of property south of the Texaco on Schertz Parkway he would like to develop but it will require some down zoning and plat approval. Bob Andrews commented whether or not the Commission allows the property to stay at the current zoning of R-4 or go back to NS has nothing to do with Veytia Properties or Ron Wood it was looked at, at that point as the best thing for that piece of property to be zoned at that time. With the for sale sign being erected the day after the zoning was approved, keeps it open for anyone to buy that property at any time. Tony Moreno mentioned that would depend on the market price and agreed with Bob Andrews. Bob Andrews stated what does the Commission feel the best use is, for that corner either R-4 or NS. Pia Jarman explained at the time of the rezoning the Commission felt that the R-4 was the best use for that property. It has been some time ago and things may have changed. Keith Van Dine asked for clarification to the question that Bob -3- Andrews asked if the property was rezoned to resell or to build. John Durbin advised to his knowledge the intent was to build a multi-family complex on this property. As far as the new signs going up, that was because he asked for them to be installed. They were brand new and freshly painted and they were for information purposes only, with a rider stating (R-4) Multi-Family. Pia Jarman asked if the study in fact does support the need for the multi-family of 330 units. John Durbin agreed that the study does support the need for the multi-family complex. Merwin Willman commented when the last apartments were developed in Schertz (Sebastian Apartments) he asked for a moratorium on apartments but it was never received. If you were to stop and think how many apartments are in this area with the amount of traffic that is generated by them, "I don't feel there is a need for more. I did vote to have this changed at the time but now I feel differently." Pia Jarman mentioned that Merwin Willman gave the Commission a listing of all the apartments in Schertz with the number of units and the percentage that was filled. Steve Simonson commented that 90~ are full with most of the apartments having waiting lists that fill up quickly. Merwin Willman stated his concern was the congestion that is caused by the apartments and what it would be like in this particular area. Ken Greenwald commented that with the congestion ten (10) years ago an apartment complex was turned down because they would not put in an access to Schertz Parkway, everything was to be going on a little side street. Bob Andrews advised this particular tract can not be built until the road coming out of Westchester ties into Elbel Road, which is part of the building restraints for anything that is to be built in that area. Steve Simonson stated that there is an agreement for a right turning lane on Schertz Parkway on to Elbel. This being NS and a very deep dense lot you would not be able to put a business like HEB or Albertsons as it would take a shopping center to use the whole 8.61 acres. David Richmond expressed his concern if Veytia Partners were given an excess amount of time to develop, how long is it going to take to procure this financing? How long do we recognize what we felt in August and September of 1994 that it was appropriate to rezone? How long do we want to extend to Veytia Partners the opportunity to turn the property into a productive venture? The original request is a couple of months past due and now the request is for extending -4- it for another year. Mr. Durbin stated that there are two (2) smaller properties that they are hoping to get developed before this one. David Richmond is concerned about the one (1) year extension, but would consider a six (6) month extension with a City stand point to indicate, if this will come to fruition and if they are still having problems we can entertain another extension. Ernie Evans commented that he is in agreement with David Richmond on the six (6) month extension because if you are filing with HUD the paper work would be in place and in progress by six (6) months, otherwise if it is not ready in six (6) months it is not going to happen. Bob Andrews advised he also is in agreement with the six (6) month extension, however Bob Andrews still believes an apartment complex for this property is what is the best for the corner, but in six (6) months we do not know what will be correct for the corner. This will give a continual check point for future reference, economics may change. David Richmond moved to recommend not to rezone 8.61 acres on the corner of Elbel Road and Schertz Parkway from R-4 (Apartment/Multi-Family Dwelling District) to NS (Neighborhood Services), to recommend, instead, to grant a six (6) month extension effective May 23, 1995, to Veytia Partners for the purpose to continue their loan application to commence building. Tony Moreno seconded the motion, which carried unanimously. ~5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Denny's Subdivision for Two (2) Additional Signs (PC #227-95B) Woodrow Woods explained the original request was for a sign facing IH 35 on the front of the building which was approved. Their desire was to have one (1) sign at the front of the building and at the two ends of the building facing the Ramada and Texaco. This is in accordance with their prototype requirements that Denny's has come up with, to increase the signage on their buildings for visual identity and the local franchise operator concurrence that this occur. The request on the elevation is for a sign facing the Ramada and Texaco and not on the back of the building. With the joint sign on FM 3009 being the only other advertisement for Denny's. Steve Simonson specified that there would be a sign on the front of the building, one facing Ramada, and one facing Texaco. Bob Andrews mentioned that Denny's is not the only business wanting the three sided signs most major businesses are putting them up. Ernie Evans commented he had driven out to the Denny's on Hwy. 281 and realized it is different than what is in the sign ordinance but did not see any objections to the signage on the facility itself. -5- Bob Andrews moved to approve the two (2) additional signs for Denny's Subdivision on the building as laid out in the visual plan. Tony Moreno seconded the motion, which carried with a unanimous vote. #6 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Don McCrary Associates, for Intsel Subdivision (PC #235-95) A. Site Plan Approval B. Final Plat Approval A. Site Plan Approval: Steve Simonson advised this is a straight forward site plan with a letter attached stating what their intentions are. Up front there will be no landscaping a 6' chainlink fence with bob wire on top and security lighting. The chainlink fence will surround the perimeter of the property. Don McCrary advised that the company will need a small sign out by the driveway for deliveries. This will be corrected on the site plan. Merwin Willman questioned if they are not going to be landscaping what are they going to do with that area out in front and is the sign going to be free standing. Don McCrary advised it will be turfed area and a small free standing sign. Bob Andrews asked what they will be doing with the 15 acres for storage as far as the ground. Don McCrary advised they would be putting in hard surface on one (1) acre of the land. Bob Andrews moved to approve the site plan for Intsel Subdivision. Merwin Willman seconded the motion, which carried with a unanimous vote. B. Final Plat Approval: Steve Simonson stated in the Commissioner's packets is a copy of a letter from Kiesling and Mathis, Attorney's at Law from New Braunfels, about the owners of this land, currently Wilbur and Bernice Friesenhahn, they have entered into a contract for the sale to Intsel contingent upon having the plat approved. The ROW has been corrected as requested from 60' to 50'. The property owners around the land are named, the MKT Railroad and Monotech Steel. Merwin Willman moved to approve the final plat for Intsel Subdivision. Keith Van Dine seconded the motion, which carried with a unanimous vote. ~7 DISCUSSION UDC REVIEW: -6- The Commission reviewed pages 150 section 28 - page 156 with changes being made at this time. #14 GENERAL DISCUSSION: Tony Moreno• Tony Moreno stated he had no comments. Keith Van Dine: Keith Van Dine had to leave for employment purposes. Bob Andrews• Bob Andrews stated he had no comments. Ernie Evans• Ernie Evans stated he had no comments. Merwin Willman: Merwin Willman stated he had no comments David Richmond: David Richmond stated he had no comments Councilman Ken Greenwald: Councilman Ken Greenwald commented at the last meeting the rezoning for Veytia Partners had passed. Steve Simonson: Steve Simonson explained that at the entrance to Greenshire on Woodland Oaks Drive, the three home builders are creating a mess with the signs. They all have rights as developers to put up signs but it is becoming a disaster area. They are also wanting to put up bandit signs on Woodland Oaks Drive. We do not allow bandit signs in the City other than FM 3009, Schertz Parkway, and only at specific times. From their point of view the signs are way off the road and you can not see them. He talked with Parker Bankston from Japhet Homes and he proposed to him to get rid of the clutter and get with Ron Wood and Plantation Homes and make one sign for them to share at the entrance. Parker Bankston agreed that having one sign for the developers to share would be acceptable. David Richmond stated that he has contacted the Homeowners Association and it was to be checked into. David Richmond commented that they manufactured that nice dark green Greenshire sign. At the bottom, as is customary, they have room for the home -7- builders to put their advertisement on. That seemed to work for a time until the developers decided to have individual signs. Steve Simonson asked David Richmond to continue to contact the people he is involved with, and Steve would do what he could to get the signs in control so they will have just the one sign. David Richmond asked who was responsible for the ditch digging along the left turn corner which is piled in front of all the signs. Steve Simonson advised that is the highway department and it could be GVEC digging for light poles, it is not the City. Steve Simonson commented that the APA luncheon will be May 26th. If anyone would like to go let him know. Steve Simonson mentioned a Bradzoil 10 minute oil and lube change is coming into the City. They will be on the corner of Borgefeld and FM 3009 with the understanding of the 50' setback, the greenbelt and all the restrictions. The land is appropriate for this type of business. They did not just buy the corner they have bought the whole 13 acres from NCU (National Credit Union). It could get interesting because it has been found that Henry Gutierrez does not have a legal driveway there to get into his land fill. The legal driveway comes off of FM 78 with a 15' access easement that his dad originally had there, with asphalt off of the railroad tracks. The gentleman has also been informed that they own the land from FM 3009 along Borgefeld Road to the Animal shelter and they will be responsible for donating half of the road. Bob Andrews commented that the real estate company received a title commitment this morning showing a gas easement but no one knows where it came from. Back in 1935 or 1955 a gas easement was given to Dietz but it was for lavaca gas which goes a different way. They are also working with GVEC to take down the power lines on FM 3009 and put them underground to get rid of the pole lines. Steve Simonson mentioned that Arby's will be closing on their property within the next month. They will be located across the street from Wendy's and behind Jack-N-Box. Ramada is under construction, the building permits for Denny's were released today. As far as HEB the final presentations will be this week. Seguin Bank has not final platted. This could be a problem as preliminary plats have a six (6) month time frame. They have only cleared the land, no construction. David Richmond asked if there is a building site plan for the Methodist Church on FM 3009 as they are actively building. Steve Simonson stated he has seen the site plan and it is going to be a very nice set up. Steve Simonson mentioned that he had received a letter from Quality Closeouts Woody's Bargain Outlet, Woody's was very indignant that he had to comply with our sign ordinance. He is requesting that since the Commission is researching the inflatable signs, that he -8- be allowed to keep his balloon until the Commission comes to a decision. Since they have extended IH 35 it is very hard to see his business, he needs the balloon to get customers to his property. Steve Simonson explained that FM 78 which was programmed for 1997 is now showing up in the new MPO transportation plan for 1998. No explanation, no talking. Mr. Sweatt has made phone calls and they have assured him that the project is still going to contract in 1997 calendar year but it is going in their fiscal year 1998. At this time we still do not have a ROW map and until the City of Schertz receives this ROW map, we can not purchase any property or design any infrastructure changes. Tony Moreno asked if the City Council sent a letter from the City to the Highway Department. Steve Simonson advised that a phone call had been made, Mr Sweatt is very aware of the situation and is on top of it all and will keep everyone informed. Councilman Ken Greenwald stated that they are going to wait until the next meeting to see how it is presented. Steve Simonson explained the problems with Freeway Manor. We have had to write a letter to another different Coldwell Banker and forwarded it to two (2) of their representatives and our City Attorney, informing them that the City was not serving that subdivision. With the continuation of lots being sold there are going to be some serious problems. There are no utilities in that area, no infrastructure, so we can not provide service for that area. Steve Simonson advised that he had a meeting today with Rayco. There is so much interest in Ashley Place Unit 1 that they are already actively designing Unit 2 and expect to start platting and construction by November 1995 for Unit 2. It appears that the school district is negotiating for land in the area. They are working with Ashley Place for roads to the school. At this time they are negotiating a piece of land at the end of Savannah Drive which goes back to Ashley Place with Ashley Place stubbing out a road on one side of about 10 acres. There is only a water line on Savannah Drive all the way to Schertz Parkway. They should be cutting the streets sometime this week. Southwestern Bell, Paragon, and GVEC are out of where they were cutting across the streets. With the water and sewer in, they will be able at this time to lay the streets. They want to be completely out of that subdivision within two (2) months. Pia Jarman mentioned that she had been at dog school today and a woman from Universal City was there and informed Pia Jarman that she was unhappy with Universal City but was very complimentary of the City of Schertz Planning Department "they know how to do things right." Pia Jarman thought the compliment should go to the right source. _g_ Steve Simonson mentioned that Woodland Oaks has a new developer for Unit 5. The first question the developer asked was if he could replat to down size the lots to be able to add more lots because his costs are so great. He asked for 60' X 120' lots with the up front cost starting at $100,000.00 for drainage. Steve Simonson advised the developer he would need to come before the Planning and Zoning Commission with the request. #9 ADJOURNMENT: David Richmond moved to adjourn the meeting. Tony Moreno seconded the motion, which carried with a unanimous vote. Chairman Pia Jarman adjourned the meeting at 9:00 p.m. The next regularly scheduled meeting is June 13, 1995. C airma Planning and Zoning Commission City Schertz, Texas ATTEST: Planning Secretary City of Schertz, Texas -10-