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03-22-1988 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, March 22, 1988 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were~as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, CHAIRMAN ELVA SMITH TY BRISGILL, VICE-CHAIRMAN GLORIA SULLIVAN KEITH VAN DINE, SECRETARY JOSEPH L. MINUS MERWIN WILLMAN ROBERT J. GURGANIOUS MARY MARSH LOIS E. GURGANIOUS GEORGE VICK JOE MCFADDEN KEN GREENWALD, COUNCILMAN CITY STAFF MEMBERS ABSENT STEVE SIMONSON, RANDY GROSSMAN ASST. CITY MGR. NbRMA ALTHOUSE, RECORDING, SECY. #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session March 8, 1988 Merwin Willman requested that on Page 7, next to the last paragraph, "public hearings" be changed to read as "public meetings". Ty Brisgili requested that on Page 2, second paragraph the phrase "for Woodland Oaks" be changed to read as "like in Woodland Oaks". Merwin Willman made a motion to approve the minutes, as amended, for the regular session March 8, 1988. .Mary Marsh seconded the motion and the vote was unanimous in favor. Motion carried. #3 CITIZENS` INPUT OTHER TITAN AGENDA ITEMS There was none. . #4 CONSIDER AND TARE APPROPRIATE ACTION: John Paul Bogran on Behalf of Joe McFadden - Request for a 23.72' Variance to the Frontage Requirement on IH-35 Northbound Access Road Chairman Andrews reminded the Commission this item had been tabled from the Iast meeting until the Commission had further information such as the survey of Mr. McFadden's property and ~Yact measurements as to how much of a variance is actually needed. Elva Smith spcke on behalf of Mr. McFadden. Ms. Smith pcinted out several facts to the Ccmmissi~n: (1)- Mr. McFadden purchased the property in earnest to set up a car sales business. The property is well suited for the business and it will be an.extreme hardship on Mr. McFadden if he is not granted. the variance; allowing him tc go ahead with his plans for the ~;usiness . t3) Not allowing the` variance will 'make this let and thy, adjoining lot in Freeway Manor totally useless as far as for general business, and yet they :are suited for nothing else. (4) Mr. McPadde:x already has a quite a bit invested in the property such as planning it, having it paved and purchasing a k;uilding for it. He has also sold his home in San Antoniic and. purchased one clcser to the business. (5) As far as can be determined, Adams Nursery (which is lccat~d next to Mr. McFadden's property) must have been grant•tid a variance. Elva Smith had brought the deed restrictions to Mr. McFad~aen's property and also some pictures of Adams Nursery. Ms. Smitf~ said it looks as if the measurements of al l the front Iots in Fr, ~~way Mancr are off approximately 5 feet. Chairman Andrews asked when the property was annexed into the City and was infcrmed it was annexed in 1981. Ty Brisgill asked Joe McFadden how wide the pad is that's paved and Mr. McFadden replied it goes back the width of the property. Steve Simonson informed the Commission that most of the Iots up there now in Freeway Manor do not meet our codes today. Chairman Andrews commented the Freeway Manor Subdivision was platted in 1959 prior to annexation by the City of Schertz. Mr. Andrews went on to say that Lots 1 through 8 do net meet commercial requirements and also that most of the lets are not jointly, but individually, owned. Jaseph Minus inquired as to whether or not Adams Nursery uses a septic system, but no one knew for sure. Keith Van Dine asked where that leaves the Commission and Stove Simonson replied Joe McFadden could set up business according to the Commission's restrictions, he has water and he could sot up a porta-potty system. -2- Mary Marsh asked Joe McFadden if he had planned on pl:;mbing and he replied he had originally planned on a holding tank, ?~i:t he is now planning on a porta-potty system. Chairman Andrews remarked the Commission is in a i:~ccarious situation because, thearea was platted, subdivided ~tnd sold before it was annexed into the City and it is zcr,e: General Business. Mr. Andrews further stated he sees only twc :_:';.oices - either grant ;the variance or determine that the Genera.?. Lousiness zoning is inappropriate. Mary Marsh mentioned. again she was curious why Mr. :~cFadden didn't know the situation before he baught the property. Elva Smith commented they had spoken with Steve Simonson cn three occasions and he informed them he didn't foresee any pro~:l~m. Steve Simonson stressed, however, that the frontage was not addressed in any of those conversations, and he read alc.,~ays told them they would have to come before Planning and Zoning. Elva Smith stated that Joe McFadden had no intention of bypassing the Planning and Zoning Commission. Joe McFadden said he thought everything had bear. taken care of before he closed the deal on the property and he didn't find out about needing the variance until he came in to get a permit for a fence. Mary Marsh observed that not granting the variance would be a definite hardship on Joe McFadden and also that his business would be a desirable business for Schertz. Ty Brisgill asked if something needs to be done about all .the front lots in Freeway Manor and Chairman Andrews said no, the Commission just needs to be aware of the situation. George Vick pointed out that if alI the lots are off approximately 5 feet, then one of them is going to be considerably smaller, and if that property owner should come in and asked for a variance where are we then. Mary Marsh ask if the Commission would be setting a precedent. if it granted the variance under unusual circumstances. Chairman Andrews replied they would be setting a precedent for that area, but not for the entire City. Mary Marsh made a motion to grant the request from Joe McFadden for a 23.72' variance to the frontage requirement for Lot 6, Block 1, Freeway Manor Subdivision due to the extremely unusual circumstances that the land was platted, subdivided and sold off as individual lots before being annexed into the City and it is zoned General Business. -3- Ty Brisgil l interrupt~~~d to asked if the Commis i::n could put a time limit cn the ~~-~;,-_iance, but Keith Van Din<~ explained that would lock Mr. McFadd%n in as far as ever sellin:~ his land. Keith Van Dine seccnu:-~:' the' motion and the vote ~ti°< as fol lcws Ayes: T. Brisgill, Ii. Van Dine, M;. Willman, M. "l~F~sh, G. Vick Nays: Ncne Abstentions: B. Andreas Mction Carried. #5 CONSIDER AND TAKF;I~PPROPRIATE ACTION: Rob Solt on Behalf of Trur~,mel Crow Co. - Request fcr i_;:~:tension of the App;=oval to Place the "T?~istle Creek" Su~-:u':;_vision Sign an the Scutl~4a~~st Cerner cf Jacl<: Hays Blvd. and E. Live Ca;~ Road (.last ren~:~tied approval was until 2-25-0°) There was no cne from Trammel Crow at the meeti::g to represent this request. Chairman Andrews remi,~ded the Commission the perrission to place this sign had. been granted originally with the stipulation that it was for three years, renewable annually, and/or 75o buildout cf the subdivision. Mr. Andrews went or. to e:L~lain that the original builders were supposed to be Hometcwn and Pulte, but Hometown never built any, only Pulte, and then Morton did build some homes als:., but neither one is building new. Merwin Willman asked if Thistle Creek is 75-~ built out. Chairman Andrews said as far as he knew, there is no intention of any more building. Keith Van Dine made a motion to table the request from Rob Sult, on Behalf of Trammel Crow Co. , for extension of the approval to- place the "Thistle Creek" Subdivision Sign on the southwest corner of Jack Hays Blvd. and E. Live Oak Road until a representative of Trammel Crow can attend a Planning and Zoning meeting and fill the Commission in on the status of the subdivision. The moticn died for lack of a second. Merwin Willman made a motion to disapprove the request from Rob Sult, on Behalf ~of Trammel Crow Co., for extension of the approval to place the "Thistle Creek" Subdivisicn Sign on the southwest corner of Jack Hays Blvd. and E. Live Oak Road because there is no more building being done in the subdivision. The Commission requests this sign be removed within sixty days. Ty Brisgill seconded t'.e motion and the vcte was as follows: -4- Ayes: B. Andrews, T. Brisgill, M. Willman, M. Marsh, G. Vick Nays: K. Van Dine Abstentions: None Motic,n carried. (After the vote,. Ty Brisgill brought up the matter of a time limit for removal cf the sign and since the Commission c,:,ncuA°red cn a sixty day time limit, it was therefore. included' in the motion.? #F~ CONSIDER AND TAKE APPROPRIATE ACTION: Robert J. Gurganious - Request for Variance to Allow an 8' x 6' Storage Building to be Placed ~cn the Property at 1304 Cyrus McCormick Robert and Lcis Gurganious were at the meeting to represent this request. Mr. Gurganious informed the Commission his home is a garden home turned sideways on the let. He went on to explain that he understands, according to the ordinance, that~he cannot put the storage building in the 12' easement and he cannot put it within 10` of his house. Mr. Gurganious also said he does not intend for the storage building to abut his house, but it will need tc be within 5` of his house. Mary Marsh asked what the difference is between a storage ?~.~uildir~g and a garage - semantics? Chairman Andrews said the difference is usually the material it's ~ built from. Chairman Andrews commented to Mr. Gurganious that the storage building could be built in the easement if it were not going to be on a concrete slab. Mr. Gurganious stated it is his personal preference to put it on a slab, mainly for cleanliness. Robert Gurganious remarked he cannot understand an ordinance that prohibits his putting a storage building next to his house. Ty Brisgill made a motion to approve the request from Robert Gurganious for a variance to allow an 8' x 6' storage building to be placed within 5' of the property at 1304 Cyrus McCormick. Merwin Willman seconded the motion and the vote was unanimous in favor. Motion carried. After the vote, Mr. Gurganious asked what the thinking was behind the ordinance in as far as not allowing a storage building within 10' of the house. Chairman Andrews replied it was for safety ' because of the types of materials that are usually placed in a storage building. -5- #7 CONSIDER AND TAKE` APPROPRIATE ACTION: Discussion on Updating the City Plan. (pages 23-31 and page: 49-5? ) The Commission had rec,~_T~-od in their packages a revised version of the Overall Policy, Statement and the History ..sections from Mary Marsh, a revision: of the Location section from Steve Simonsen, and a revision; :-•f the Climate section from 'Ty Brisgill. They reviewed these revisions ;and gave their approval along with a few minor suggestions. The Commission review^d pages 23-31 and pages 49-57 making changes and their suggc:~s`ions as they went along. Ty Brisgill volunteered to revise ~.he Transportation section and Steve Simons.-;n volunteered tc rwise the section on City Streets. It was decided to dis:=uss up through page 96 at the next regularly scheduled mect:ing with Mary Marsh volunteering to research the section cn SAFES, Keith .Van. Dine volunteering to research the Police Department section and George Vick volunteering to research the section on the Central Business District. a. Chairman Andrews asked for the name and telephone number of a previous applicant to the, Planning and Zoning Commission who said he couldn't arra:.ge it in his present schedule to attend the moetings, but would be glad to help the Commission do any research they might need. Chairman Andrews thought maybe this person could l;e of some assistance in researching various information for the City Plan. ~ rr$ GENERAL DISCUSSION Mary Marsh, referring to the March 8th meeting when she said the Oak Forest Community Cou:~cil would probably be writing a letter to Coy Simmons regarding the land in front of the Oak Forest Subdivision, said Bab Bo-~th will write the letter, but they need to have exact dimensions. Steve Simonson said he could obtain the exact dimensions. Mary Marsh read a letter the Oak, Forest Community Council had received from Representative Edmund Kuemple .:saying that within eighteen months they hope to get started on some of the .improvements needed along Jack Hays Boulevard. .Steve Simonson reported to the Commission that the Highway Department had come int-~ the City with another study and the speeds along Jack Hays Boulevard are still up. Mr. Simonson did say, however, that it appears they will let us lower the speed limit on Jack Hays by 5 miles per hour to start with. Mr. Simonson said their study doesn't warrant this action, but they are trying to take into consideration the wishes and concerns expressed by the citizens and this is a start. Mr. Simonson said -6- the City Council will most likely write and pass an ordinance to this effect. Keith Van Dine, referring back to the variance granted to Mr. McFadden in Freeway Mancr, asked if the Commission shouldn't look at the area now and make an adjustment of some kind. Chairman Andrews replied it would be best to handle it case by case.. Mer.win Willman brought up the followings - (1) Is the hcme occupation (Shriver Tax & Accounting S-ervice) at 302 Aero illegal?. (Steve Simonsoninformed Mr. Willman a tax and accounting service. is allowed in a residential area, but he will check to see if they have a permit.) (2) In regard to the variance granted for 1304 Cyrus McCormick - did .anyone ever find out what the zoning was? Mr. Willman pointed out that in 1981 they brought in a request to build the homes, but it was in the ETJ at that time and not in the City limits. Then the area was annexed in 1983, but it has never been zoned. When they brought in the plat they asked for Garden Homes (R-SA), but the area has never been zoned. ' There was some discussion on this with Steve Simonson bringing up the fact that when the new Zoning Ordinance was approved in 1987 the zcning map was also approved. Chairman Andrews said if it was on the map then maybe it`s okay, but if not, perhaps we could use the intent of the 5-A zoning when the plats were approved. Merwin Willman noted that a public hearing must be held on zoning changes. Chairman Andrews asked that discussion of this zoning be placed on the agenda of the next regularly scheduled meeting. (3) There are some portable signs in the City that have been up longer than 90 days. (Steve Simonson said he would check into- it.) (Along this same line, Chairman Andrews asked if "Hair Performance" on FM 78 has a permit for their homemade portable sign and Steve Simonson said he would check into it~.) (4) Asked if anything had been done about the RV lots being . advertised in Pecan Grove Mobile Home Park. (Steve Simonson said .they had been officially notified by .letter and they are allowed 180 days to reply.) (5) Did you find anything out about the school zone on FM 78? (Steve Simonson said he hadn't spoken with anyone at the school yet, but had found out that if the school no longer needs the _ zane, the Highway Department needs a letter from the City asking i them to remove~it.) Ty Brisgill asked if .anything new had come up regarding the Leon Parker case and was informed there was nothing new. ~ - -7- Ty Brisgill also asked if the Streets and Parks Department takes care of landscaping. When Steve Simonson asked where the landscaping would be, Ty Brisgill informed him at City Hall. Mr. Brisgill said when James Harden was on the Commission there had been some talk about putting out some shrubs, but at that time there was no sprinkler system. Steve Simonson said the City is new in the process of getting a sprinkler system for City Ha13., and Ty Brisgill said he felt there should be some shrubs planted around the building. Ken Greenwald informed the Commission Mr.~Gilmore, City Manager," will'be :showing slides cf h.is trip to China din the Community Center at 7:00 P.M. on Wednesday, March 23rd and everyone is' invited. Steve Simonson brcught~up the following: (1) Read an excerpt frcm a Chinese policy on urban land pointing out how in China urban land belongs to the State. {2) Said at the next regular meeting tie Ccmmission will probably receive a plat from N.C.S. II requesting a replat an the lct between the Stop-N-Go (On IH-35 & FM 3009) and the Austin Diner. (3) Said the Commission will prcbably be receiving a request from Action Auction on IH-35 for a request for a variance to place a mobile home on the lot. (4) Reminded the Commission there is a public hearing scheduled April 5th for the Knights of Columbus rezoning request and the reconfirmation of the. zoning of the 800+ acres surrounding the Schertz Parkway. George Vick asked if the mobile homes right down from Windy Meadows on FM 1518 are for sale and Steve Simonson replied he didn't know - no one has come in and asked for a permit. Chairman Andrews referred to Steve Simonson's notes to Planning and Zoning where it mentioned that •the Zoning Change Number for the Knights of Columbus should have been #88 instead of #89. The Zoning Change Number for the" acreage surrounding the Schertz Parkway will be #89. #9 ADJOIIRNMENT Chairman Andrews adjourned the meeting at 9:17 P.M. -8-