Minutes, Planning and Zoning Commission, August 20, 2009

Minutes, Planning and Zoning Commission, August 20, 2009

Chairman Kathy Palmer declared a quorum and called the regularly scheduled meeting of the Planning and Zoning Commission to order at 7:01 pm. All commissioners, Mrs. Palmer, Dale Prince, Louise Martin, Larry Strzelczyk, and Roy Garza were present.

The July minutes were approved as written per motion by Roy and a second from Larry.

Visitors present were Rosalie Schaefer, and Hector and Lynn Esteves. Visitors registered to address the Commission were Tom Smith, the Abbott Estates developer, and Barry Bonn with Knowlton Construction.

Old Business

Abbott Estates: Mr. Smith reported that curbing has been removed, working on road base, surveys have been completed for the new road construction personnel (Knowlton) and work contracts are done with Knowlton. About two more weeks of coordination are needed from San Antonio and Bexar County. He expects the project completed in 90 to 120 days. On questioning, he stated “complete” means roads are done, with County approval, which should be before Christmas. Mr. Bonn stated that they are getting recommendations from geo techs regarding additional two inches road base material. The recommendations will be forwarded to county inspectors for approval. Larry asked how long Knowlton had been involved and were first notified. Mr. Bonn replied before completion of the Stuart Estates four months ago. Knowlton will be grading the parkways while waiting for Bexar County’s approval of the road base recommendations. Intec (?) did the initial road engineering and will follow up. Louise asked for clarification of the original county approval of road structure. Mr. Smith explained that it was approved as built; the geo grid has different characteristics than that recognized by the county. Kathy confirmed with Mr. Smith that construction would be complete and the final plat with B Count approval would be before the Commission before the end of the year.

Kathy asked if the property owners would like to speak. Mr. Estevez stated he did not want to see a repeat of them “making a show” and then “it just sits”.

Kathy explained the Commission’s options. According to the subdivision ordinance, the plat was only good for the first year. Construction could continue as is or another completion date could be set. An interlocal agreement with Bexar County is on the Commissioners’ Court agenda for September 15. The agreement would extend the Subdivision Ordinance (five acre minimum per house) into St. Hedwig’s ETJ. Should the plat be disproved and the interlocal agreement is approved, without a plat in place, any plats coming in after the 15th will have a five-acre minimum. If another firm dead line is given and not met, the plat would be disproved. The next option would then a five-acre minimum per house.

Larry commented that disapproving the plat now could leave the landowners with a problem. Louise asked that a completion date prior to the end of the year be set. Kathy reminded

Mr. Smith of the Commission’s request of him at the last meeting for a two-week update on progress. The update was not received. Roy asked Mr. Smith if he could provide a construction schedule. Mr. Bonn said he would provide a schedule within a week. Mr. Smith was asked what would be a reasonable deadline for project completion, as well as a date for final approval from Bexar County. He preferred several months for construction completion and a couple of additional months, due to holiday schedules and getting on Commissioners’ Court agenda, to obtain county approval. He suggested December 15th and February 15th. Roy motioned to extend the construction completion date from August 31, 2009 to December 15, 2009 with a final completion of all certificates from Bexar County and Bexar County approval and a final plat to be to this Commission by February 15, 2010. If the construction deadline is not met, the plat will be disproved. Larry seconded. Motion carried. Dale amended the motion: A construction schedule will be provided to the Commission by September 10, 2009 so that progress can be monitored. Louise seconded. Amendment carried. Dale asked for a construction completion statement. Mr. Smith will provide to the Commission the final inspection, performed before December 15, 2009, and will also e-mail the construction schedule to the Commission.

Code Compliance Issues: Kathy reported that an anonymous, written complaint regarding trash and animals at property at Pittman and Churchview Estates was received.

Zoning Ordinance/Subdivision Ordinance: Kathy was informed that a public hearing would be necessary because textual changes were done to the ordinance. The mayor has given permission for the hearing to take place after the October 1st Council meeting. Kathy will present a brief synopsis of what was incorporated and describe the changes.

The mayor asked Kathy to talk to the Commission about the attorney’s recommendation of not requiring building permits in the ETJ. The previous council had allowed the permit requirement. Texas Local Government Code, Chapter 212 and 213 does not specifically state that building permits can be required. The initial consensus was that Council’s concern should be followed. Louise motioned to remove from the Zoning Ordinance the requirement for building permits in our ETJ. Further discussion ensued. Kathy informed the Commission that since last September unincorporated areas of the county have TRCC inspections. The attorneys say TRCC inspections are not required in the ETJ. It was felt that deleting the permits would leave the City with no control over ETJ construction and expansion. The Council should decide such an important issue. The permit requirement could be easily deleted from the Zoning Ordinance at a later date. Louise withdrew her motion. Larry motioned to leave the building permit requirement in the city limits and ETJ in the Zoning Ordinance and allow Council to make their decision Dale seconded; the motion carried.

Table of Use Discussion: Kathy had a call relating to auto salvage. The Commission will recommend to Council that auto salvage yard be included on the Special Use Permits page but not be allowed in any district. Dale so moved, Louise seconded; motion passed. Dale amended the motion to add junkyards to the table. Roy seconded. Motion carried.

Kathy went to a workshop on planning and zoning. She reported that this Commission is far ahead of other cities represented (LaVernia, Helotes, others) at the workshop. Most cities did not have the basics of a master plan, a zoning ordinance that follows the master plan, and a subdivision plan. Those cities are now dealing with the consequences of not having plans in place. The Commission received a commendation from CC at the last meeting. They thanked us for all the hard work done.

Council Directives: The next project will be to revise the Subdivision Ordinance (correlate with Zoning Ordinance, Master Plan and zoning map). Drafting of a nuisance ordinance will begin after the Subdivision Ordinance changes are accomplished.

Phone calls: There were a couple of calls regarding acreage minimums.

New Business

Local events: The American Legion fundraiser is a week from Saturday, LaVernia Hammer Fest (bike tour/fundraiser sanctioned by the local multiple sclerosis chapter) is September 19, the Lone Oak VFD picnic is September 20, the MS 150 bike tour is October 3 and 4, and Commissioners’ Court is September 15 (interlocal agreement on agenda). Kathy plans to attend that meeting.

Agenda/Next Meeting: The agenda will include code compliance issues, Abbott Road Estates, subdivision and zoning ordinances, council directives, and phone calls. October 15 will be the regularly scheduled quarterly meeting. We can determine at that time, pending the public hearing results, if a November meeting is needed.

Larry motioned to adjourn, Dale seconded. The meeting closed at 8:10 pm.

Respectfully submitted,

Louise Martin

Secretary