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03-28-1995 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in regular session on Tuesday, March 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, CHAIRMAN STEVE SIMONSON, DAVID RICHMOND, VICE-CHAIRMAN ASST. CITY MANAGER MERWIN WILLMAN, SECRETARY DENISE GRANGER, TONY MORENO PLANNING SECRETARY BOB ANDREWS ERNEST EVANS KEN GREENWALD, COUNCILMAN MEMBERS ABSENT OTHERS PRESENT Keith Van Dine (Work related) Woodrow Woods, Denny's Joe Veytia, Veytia Partners, LTD. Monty Maness, SEJV Subdivision Gene Trafton, Clayton Homes Jim Bagley, Clayton Homes Mr. Ackermann Charles Huriega,Salinas/ Lomelin David Trapp, Salinas/ Lomelin #1 CALL TO ORDER Chairman Pia Jarman called the meeting to order at 7:00 p.m. #2 APPROVAL OF MINUTES: Regular Session March 14, 1995 Merwin Willman moved to approve the March 14, 1995 Regular Session Minutes. David Richmond seconded the motion, which carried with a unanimous vote. #3 CITIZENS: INPUT OTHER THAN AGENDA ITEMS There were none. ~4 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Denny's Subdivision PC (#227-95) A. Final Plat Approval B. Site Plan Approval A. Final Plat Approval: Steve Simonson advised that this is the final plat for Denny's. Bob Andrews moved to approve the final plat for Denny's Subdivision. Merwin Willman seconded the motion which carried with a unanimous vote. B. Site Plan Approval: Steve Simonson stated that there are several sheets including the lighting plan, the detail and specifications on the landscaping, and the handicap ingress and egress. They have also included the signage which states they will not exceed the existing ordinance for the free standing sign at 50' high and 250 square feet. Steve Simonson stated it is his understanding that Denny's would like to put their logo on at least three (3) sides of the building due to the visibility and the surrounding traffic which is similar to what they do at other locations. Woodrow Woods advised that Denny's would like a sign on the main entrance, they would like one on the FM 3009 side with the possibility of one on either the back side or the side facing the Ramada Inn. There is no back entrance to the building only emergency egress in the back. Merwin Willman questioned why Denny's would want a sign on the back of the building if there is no entrance. Merwin Willman mentioned that the site plan is not showing any screening for the dumpster. Woodrow Woods stated that with people coming north on FM 3009 they would be able to see the sign better. Also the screening for the dumpster will be taken care of in the final plans. David Richmond indicated he is in agreement with Merwin Willman for an extra sign for the back of the building with there being no entrance. David Richmond commented he felt two (2) signs would be significant with the 50' sign being on the front. Merwin Willman stated that is one more sign than the ordinance calls for because only two (2) are authorized one (1) free standing sign and one (1) on the building. By going with their normal trend and keeping with their logo. Bob Andrews commented that he normally stops at all the Denny's and does not recall seeing more than 2 signs on the building. Bob -2- Andrews stated he is not one to want too many signs going up so he also agrees with Merwin Willman and David Richmond on having the two (2} signs only. Woodrow Woods stated that it may possibly be that the request could be for a smaller sign on the back to the parking area for the restaurant. Pia Jarman commented she also agrees that with no entrance in the back and just an alley way in the rear there does not seem to be a need for a sign on the back of the building. Pia Jarman questioned the handicap parking as to what was blanked out on the plat. Woodrow Woods advised that the plat is showing a vehicle in the parking space just as a diagram. There is a ramp, no curbs and they will be following the ADA regulations. Woodrow Woods stated if the Commission would approve the two (2) signs as indicated, Denny's could come back at a later date with a recommendation, if they feel they want to add another sign. Merwin Willman stated the Commission would approve the one (1) free standing sign and the one (1) on the building. Steve Simonson advised that if Denny's felt the need for another sign at the back of the building they could make a recommendation at a later date. Steve Simonson stated even though the back is going to be considered a private easement it will be a 30' wide road. Bob Andrews stated that when it was first decided that there was going to be development on the property there was a possibility that a 30' sign on FM 3009 was going to be put up to be used by all the businesses showing what was on the roadway. It was part of the original planning. Bob Andrews questioned how Denny's was allowed by the ADA to have the handicap parking at the front of the building. Just recently a business was not authorized this by the ADA. Woodrow Woods advised that the plans would be going before the ADA but they have not at any time had a problem with the handicap parking in the front. Steve Simonson commented that he did contact the ADA. He was sent the regulations and he was advised that the state does have the authority on any projects over $50,000 to request the handicap parking to be in a certain area. Bob Andrews moved to approve the site plan with the stipulation of two (2) signs, one (1) free standing and one (1) on the building. Tony Moreno seconded the motion, which carried with a unanimous vote. -3- #5 CONSIDER AND TAKE APPROPRIATE ACTION: Request from Joe Veytia Partners, Ltd., for Preliminary Plat Approval, SEJV Subdivision PC (#231-95) Steve Simonson advised that the County will need to be changed on the plat from Bexar to Guadalupe. There also is a park regulation either dedication of land or $225.00 per lot which would be $1800.00 for the park dedication fund. The drainage ROW is showing to be going in the wrong direction. Being that this is the preliminary plat the Commission could approve the preliminary plat and it would be looked into before the final plat on the drainage ROW. Merwin Willman advised that the lift station is between the drainage ROW also. Steve Simonson stated his concern is with the drainage coming out on Schertz Parkway; the drainage by the lift station is ok. Steve Simonson advised he would contact the engineers before the final plat approval for the correct information pertaining to the drainage. Ernie Evans commented that there is the gas pipe line before the undercut, you also have the lift station, fire hydrant, and tree line. Steve Simonson recommends with the corrections and the park dedication as stated that the Commission approve the preliminary plat with the caveat that the drainage was discovered for the correction of the ROW. The final plat will not be approved until after the public hearings. Merwin Willman stated his concern that with no parking on Schertz Parkway, what will prevent people from parking there. Merwin Willman questioned the 1 foot non access easement on Schertz Parkway to prevent having curb cuts. Steve Simonson advised that at this time there are "No Parking" signs on Schertz Parkway and the police will enforce this. Steve Simonson stated with the driveways in the rear as shown on the plans, on all of the major thoroughfares multiple driveway cuts are not allowed. There will be the 1 foot non access easement so that in later years this will prevent curb cuts being allowed. Ernie Evans moved to approve the preliminary plat for the SEJV Subdivision with the proviso, decision, notes and the City checking on the drainage easement and lift station issue. Bob Andrews seconded the motion, which carried with a unanimous vote. -4- ~6 CONSIDER AND MAKE RECOMMENDATION: Request from Clayton Homes to Rezone 37.886 Acres on Maske Road from R-2 Single Family Dwelling District to MH Mobile Home Dwelling District Steve Simonson stated that this is 37.886 acres which is part of a 58.94 acre tract adjacent to the existing Windy Meadows Mobile Home Park. It is bisected at an angle by the sanitary sewer which is the CCMA out-fall main. COMA is used by Retama, Rolling Oaks Mall, and other areas that are tied into it. It had been partially engineered at an earlier time and expense by Mr. Ackermann to contour the ditch to facilitate the water flow into it instead of across his property. It is approximately an 80' drainage ditch at this time. This is part of the west Dietz Creek sheet flow area and is no different than the existing Windy Meadows area. It is an engineering problem on how it is put together to contain and take care of the water. This is an issue that will need to be solved before the final approval. The one item that was not quite clear is where the property is located to the existing Windy Meadows Mobile Home Park and if it would allow the connection or extension of the existing Oak Street. Gene Trafton advised the location of the property is at the end of Oak Street. There is a telephone line and it will go straight across to Maske Road. The entrance of the park will run northwest and follow to Maske Road. The only ingress and egress will be used by Oak Street. Merwin Willman asked for clarification that the only entrance or exit would be on Oak Street. Mr. Trafton advised that would be the only entrance and exit by using Oak Street. The property abuts Maske Road but there will be mobile homes going adjacent to Maske Road with no road access. Bob Andrews questioned the total acreage occupied by Windy Meadows at this time is about 30 acres, so this would double Windy Meadows in size. Jim Bagley stated that there are about 231 pads at the existing Windy Meadows. It would be equivalent to about 5 or 6 usable pads per acre; 37.886 acres would give about 150 - 175 pads available in the new section. Jim Bagley asked Steve Simonson if there was a problem getting the dirt out of the existing drainage ditch. Ernie Evans stated that the drainage ditch could cause a problem. Steve Simonson commented that they had no problem getting the dirt out but they had to bring dirt back in. The drainage ditch will need to be reviewed and cleaned up. The 100 year flood plan is a very shallow sheet flooding out in the area. It is hard to define and was contained into Mr. Ackermann's property. It was -5- channeled back into the existing ditch between the old property that was used as farms and came out on to Schertz Parkway. Based upon what is seen at Windy Meadows and the existing rain storms that we have had, this is an engineering situation that will have to be checked into but not a problem to stretch the imagination. Bob Andrews questioned if they would be basically using the same layout on the lots. Jim Bagley advised that he was not in a position to say but he felt with the layout that Windy Meadows has now and how well it works out, he felt it would probably stay the same. Ernie Evans asked about the water for the fire hydrants. Steve Simonson stated that the water is fed from Universal City by a 20" main from the two pumps and two wells that the City has in that area. David Richmond moved that a recommendation to City Council be made to hold a public hearing to rezone 37.886 acres on Maske Road from R-2 Single Family Dwelling District to MH Mobile Home Dwelling District. Tony Moreno seconded the motion, which carried with a unanimous vote. Bob Andrews questioned if Clayton Homes presently owns the property or if Mr. Ackermann does. If this is the case then Mr. Ackermann being the owner would have to make the request to rezone the property. Gene Trafton stated that it presently is in contract with the title company, but Mr. Ackermann still owns the property. Steve Simonson advised Mr. Ackermann to submit a letter of request to the Planning Department to rezone the property. ~7 CONSIDER AND MAKE RECOMMENDATION: Request from Salinas/Lomelin Joint Venture to Rezone 77.265 Acres on Lookout Road from M-1 Manufacture District to MH Mobile Home Dwelling District Steve Simonson stated that several of the Commissioner's had been out to look at the property. Commissioners have the plat of the property and a conceptual site plan was shown by Steve Simonson if the rezoning is approved. There is concern because this is an industrial area and there are several industries in the area. Steve Simonson stated he was concerned with the buffering of the area, should it be considered for rezoning from industrial to residential. Traditionally the northwest side of IH 35 from San Antonio to Austin has been used as an industrial area, particularly in San Marcos. Ernie Evans questioned if the property abuts the MKT railroad that still runs out in the area. -6- Steve Simonson confirmed that the property that they are proposing does abut the MKT. The MKT is not as active at this time as it was in early years but it is not an abandoned railroad. The MKT is still used by Gifford Hill, Monotech Steel and is basically used back to north of FM 2252, from there on back the track is rusted. It could at any time become an active railway. Pia Jarman commented that if this was to become a more active railroad there could be certain possibilities faced, like accidents. Steve Simonson stated even with the activity level that is there now with the activity starting at Gifford Hill and moving up there are companies that are going to want spurs like Monotech Steel which has purchased more property west of Doerr Lane. There is another company activity looking at property in the area and they also are going to want a spur. As far as the availability of utilities there is no problem the sewer line is connected with an 8" waterline, connected to a 12" waterline, connected to an 18" loop system, so water is also available. Depending on the traffic pattern and how the land will be situated the ingress and egress would be handled accordingly. Bob Andrews commented that unless Steve Simonson had not explained and had not shown them where the property is located, with the information that was available in the packet he was not sure where the property was located. Merwin Willman mentioned that in the ordinance Article XXIII, Section 2, Paragraph 2.2.2 it lists three (3) items that need to be met for rezoning. One of the items states it must be in keeping with the Comprehensive Plan which was adopted by the City Council. He feels putting residential in an industrial area would not be feasible as far as the Comprehensive Plan states. Another item is that it would not create an incompatible use, different from the surrounding property and this rezoning would create an incompatible use by putting residential into an industrial area. This would cause problems for the residences if it were allowed. The area south of IH 35 was set up for residential purposes and north of IH 35 was designated for industrial and business use. Unless something else can be shown at this time he could not agree to the rezoning in this area. Pia Jarman stated that in Ordinance 87-5-9, Section 5, it states that the Commissions' duty of power is to be responsible for the health, safety, and general welfare of the citizens of the City and its future citizens. In making this type of decision we need to be very responsible to the citizens. Once an item is voted on and becomes a fact, it can not be changed because the wrong decision was made. It may be nice for the City to have more homes but the Commission needs to really be responsible for the citizens' health, safety, and welfare. -7- Charles Huriega stated that one of the things that the owners' Joint Venture is very adamant about is that they do own all the property around in that area, other than directly south being the southeast portion of the property. The owners are concerned about the the safety and health of citizens also. The owners have very strict ordinances that they follow when starting a subdivision. They are also concerned with the 300 acres that they do not own and what may happen with this property as far as zoning. Pia Jarman commented that according to information provided the property adjacent in Selma is also zoned Light Industrial. Merwin Willman asked if they are asking for the whole tract of 77 acres to be rezoned from Light Industrial to Mobile Home Dwelling District. If this is the case then unless someone can convince him otherwise, he is not in favor of the rezoning. Merwin Willman stated that the area has been zoned Manufacture for some time and he does not feel that to rezone the property to Mobile Home Dwelling would be advisable. The zoning was done back in 1979 with the area south of IH 35 being residential and property north of IH 35 being designated for Business and Manufacture area. Charles Huriega advised that the plans are for the development of 32 acres for the first stage. If that should continue with economic gain then at some time the remaining property would be rezoned. Charles Huriega stated when doing the zoning research he did notice that there was another Mobile Home Park northwest up against the railroad tracks on IH 35 in Schertz. Steve Simonson stated that this is a RV Park. When the City annexed that area, it was grandfathered due to the fact it was already established. Bob Andrews stated that there are three (3) reasons for rezoning and what is the reasoning for wanting the rezoning for this property. Bob Andrews advised that they alluded to an error in the zoning and could Mr. Huriega explain this. Charles Huriega explained that Schertz had benefited from the economic impact from Retama Race Track. David Richmond stated that Retama Race Track is brand new and has no effect on the development of Schertz so far. Charles Huriega stated he does not represent the economic area but other developers do and they feel that with all the economic studies done on the impact of this area, this is the reasoning for the rezoning. Bob Andrews advised that any development that has been done at this time in Schertz was done before the Retama Race Track even started. Merwin Willmann stated if the City were to rezone all that area -g- from industrial to residential then they would be in a situation of losing out on jobs and growth that could develop with the business and industry in the area. Merwin Willman commented that he is not against a mobile home park. It is where they want to put the mobile home park in an industrial area which he does not agree with. Bob Andrews stated over the years from a development stand point a mobile home park is nothing but a holding bucket for developers. The land is vacant can't make any money, so why not rent and put mobile homes there for a few years. Then when the property is worth something move the mobile homes out and sell the property. Is this a good area say for the next 5, 10, or 12 years for mobile homes, realizing that some day the mobile homes will be sold. Charles Huriega stated that with the impact of the economic development on the mobile home park it would change the future development of the industry in the area. Joint Venture does own the property directly adjacent to Tri-County, the railroad tracks and down to IH 35 so they would directly be impacting themselves. David Richmond stated that the key for fostering all this interest is a business which is the race track. The race track is on the right hand side of IH 35 that both Schertz and Selma have determined should be light industrial and business operational area. It is in the best interest of the City to monitor what the race track will generate. It will probably generate a lot of potential for commercial business to support the race track. With this being true the City has prime property in that area that could support the light industry for this business. By putting residential in that area surrounded by industry it would create a problem. David Richmond commented that Joint Venture would be in a prime position to be able to capitalize on the light industrial support that Retama could generate. Charles Huriega advised the reason Joint Venture had interest in a mobile home park is the development of the same type south of Retama on Lookout Road. There are two (2) mobile home parks three (3) miles from Retama, and three (3) mini storage facilities with this being the type of support facility that they were interested in. It would be to accommodate the people using the track to be able to lease on a year to year basis. Merwin Willman moved to disapprove the request from Salinas/Lomelin Joint Venture to Rezone 77.265 acres on Lookout Road from M-1 Manufacture District Light to MH Mobile Home Dwelling District in accordance with Article XXIII, Section 2, Paragraph 2.2.2, of the zoning ordinance because this request does not meet the three (3) requirements for rezoning. Ernie Evans seconded the motion, which carried with a unanimous vote. -9- ~8 DISCUSSION: UDC Review The Commission reviewed pages 103 - 118 with changes being made at this time. ~9 GENERAL DISCUSSION: Tonv Moreno• Tony Moreno stated he had no comments. Bob Andrews• Bob Andrews commended and thanked everyone for taking so much interest in the working of the UDC book to get it ready. Ernie Evans• Ernie Evans commended Steve Simonson's staff for taking care of the sign issue on FM 3009, it has gotten a lot better. Merwin Willman: Merwin Willman stated he had no comments. David Richmond: David Richmond stated he would like to have a listing of all the mobile home complexes or units in the City. Having so many requests for this it would be beneficial to keep up with how many there are now. David Richmond commented that he noticed the HEB sign that had blown over and was replaced with a bigger logo, and does this mean they are ready to talk with us. Steve Simonson stated that he has the sewer contract agreement signed by HEB, Seguin State Bank, Barshop, and City of Schertz. Steve Simonson advised that he has an appointment with HEB next Wednesday afternoon to go over the projected growth. He has also talked with Cibolo on what is happening in their City, so he has a lot of information to pass on to them. He hopes to have some good news for everyone by the next meeting. Councilman Ken Greenwald: Councilman Ken Greenwald passed the letter out from the Texas Department of Licensing (ADA), they are getting behind on requests so they may be asking cities to once again review all plans that pertain to the ADA, for approval. Councilman Ken Greenwald advised that on April 24, 1995 at the VFW on FM 78 there will be a pubic hearing on the widening of FM 78. -10- There will be a lot more information available and notices to inform everyone as time goes on. There are some preliminary maps available. Councilman Ken Greenwald mentioned that the opening day of the baseball season will be April 1, 1995 at 9:00 a.m. there will be a parade that will start at the First Baptist Church and proceed down to the ball park. There are a number of teams this year with the younger teams adding three (3) new teams, it is getting to the point of not having enough ball fields. Councilman Ken Greenwald stated that at the end of this week there should be more information on the water situation. There are some plans in mind on how to get water but it is going to be very costly. Steve Simonson: Steve Simonson explained about the different companies that are hoping to expand in the City. Vestal Steel should be submitting plans very shortly. American Freightways on FM 3009 is coming along very quickly and is looking great. Dove Meadows is coming along very quickly. Rayco is hoping to push Ashley Place with plans being submitted and hoping to build before streets are in. X10 ADJOURNMENT: Bob Andrews moved to adjourn the meeting. Merwin Willman seconded the motion, which carried with a unanimous vote. Chairman Pia Jarman adjourned the meeting at 9:15 p.m. The next regularly scheduled meeting is April 11, 1995. Chair n, Planning and Zoning Commission City of Schertz, Texas A TEST: P anning ecretary City of Schertz, Texas -11-