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05-11-1993 PLANNING AND ZONING MINUTES The Schertz Planning and Zoning Commission convened in a regular session on Tuesday, May 11, 1993 at 7:00 P.M. in the Municipal Complex conference .room, 14.00 Schertz Parkway, ..Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT BOB ANDREWS, .CHAIRMAN DENNIS LITTLE GEORGE VICK, VICE-CHAIRMAN RAY E. LITTLE OLIVER NELSON, SECRETARY ROBERT LEININGER MERWIN WILLMAN GREGORY MIMS KEITH VAN DINE DAVID RICHMOND CITY STAFF KEN GREENWALD, COUNCILMAN STEVE SIMONSON, A5ST. CITY•MANAGER. ~ ~ EVELYN~ BOGGESS;. ~ . ~ RECORDINGSECRETARY #1 CALL TO ORDER Chairman Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session April 27, 1993 Mervin Willman made a motion to approve the minutes for the ~ regular session April 27, i993..~ George Vickseconded the . , motion and the vote was •unanimous i.n favor~.~ Motion .carried.. . . #3 CITIZENS' INPUT OTHER THAN. AGENDA ITEMS There was none. #4 CONSIDER AND MARE RECOMMENDATION: Request from Dennis. Little of 1028 Gettysburg for a Special Exception to the Side Yard Setback Require- . ments of the Zoning Ordinance Allowing Him to Construct a Carport Within 6" of the Property Line (BOA #43) Dennis Little was at the meeting to represent this request. Chairman Andrews advised the.Commission this request will have ~ ~ to ~ go • to the -Board • of Adjustment : Mr . Andrews ~ then asked for Staff input. Steve Simonson advised the Commission they have a copy of -the letter from Mr. Little's next door neighbor adjacent to the proposed carport and .she has no objections. Mr. Simonson further stated this is similar to many requests the Commission has had from people in smaller areas of the City. - As Mr. Simonson pointed out, Dennis Little has paid the required filing fee, has presented a very good plan for the proposed carport, and is aware of the process necessary for a Board of Adjustment hearing. Merwin Willman commented he had driven by 1028 Gettysburg and .~it appears there's only approximately 10' between buildings. Mr. Willman noted that between the edge of the proposed carport and the garage door, there's a window approximately 5' away. Why couldn't the carport be moved over to take up part of that so it wouldn't have to use up so much of the setback? Dennis Little related he is taking up part of that space because, as a matter of fact, he will be right up to the . ~window.~ Also, he's going to cover all the way up to the porch . ~ ~ so you can walk there without getting.•.in the weather.:. Mr. ~~Little remarked that if.Yie has to move any further,~it will get into his tree. _ ~ ~ ~ . . ~ ;.Nierwn Willman .then::~asked ~ i:f ..he..understarid5 correctly.that ~ if . ~ ~ the ,carport _ is moved over,. the tree will ~ .'interfere. .Dennis Little replied yes, if the carport is moved over in front of the window, it will get into his tree. Merwin Willman suggested it not be moved in front of the window, but just half-way in between. Dennis Little acknowledged he could move over a little, but he does want to:save as much~of his front yard as possible: • . ~ . ~ ~ George. Vick ~ment~.oned he had also .driven ' by ' 1028 . Gettysburg and. ~it ~Tooks like the carport could be moved over a little, but it would take up part of the front yard: ~ Steve Simonson mentioned to the Commission they might take notice that the drawing for .the carport is centered on the driveway. and if the carport is moved, the driveway will be-off center. Mr. Simonson also pointed out the carport is wider than the existing garage. George Vick asked Dennis Little if he's not going to widen his driveway and Mr. Little replied he is, but he's going to put .the carport in first. He will keep the posts in the slab. ~ Chairman~`~ Andrews questioned flow close ~ to ~ the driveway Dennis ~ ~ Little anticipates the posts to. be and Mr. Little replied ahe driveway will be ~2~0' and the posts wild bejust inside of that: George Vick observed that in that case .the. driveway.: will be over to the property line: .Dennis Little indicated the City has no problem with- the . driveway being over to the property line, it's the height that's the problem. -2- r, Mr. Little then went on to say there will be no need for gutter because once the water hits the carport, it will run off his driveway. Chairman Andrews exclaimed that was his next question because it appears the channels will run side to side. Mr. Little explained they will run from garage to street.. Dennis Little informed the Commission this will be an all steel construction, there will be no wood. Oliver Nelson made a motion to recommend approval of the request from Dennis Little of 1028 Gettysburg for a Special Exception to the side yard setback requirements of the Zoning Ordinance allowing him to construct a carport within 6" of the . property. line. It was .also recommended this .request be scheduled for a public hearing. Keith Van Dine seconded the motion and the vote was as follows: AYES: B. Andrews., G. Vick, O. Nelson, K. Van Dine, D. Richmond NAYS: M. Willman ABSTENTIONS: None Motion carried. Chairman Andrews advised Dennis Little he will receive a letter confirming the Commission's recommendation and giving him a date for the.BOA hearing. ~5 CONSIDER AND TAKE APPROPRIATE. ACTION: •Preliminary ~ Plat ~~Approval - Mims Subdivision~(PC #193-93) Gregory Mims and Robert Leininger were at the meeting to represent this request. Steve Simonson informed the Commission this property is located out on FM 2252-just past Serve-Tex. It is in the City's ETJ. Mr. Simonson went on to say the plat has a floodplain statement, it show the areas around this property as unplatted, and it does have a site window scale. This plat will have to be approved by the Schertz Planning and Zoning Commission and by the Comal County Commissioners. We will need a sign-off statement by the Corral County Commissioners.- ~ ~ ~ • ~Chairman~ Andrews asked~wh8t the little'jog~~is that"s~shown on the property. .Robert Leininger and Gregory Mims had no explanation except to say an. access gate to the property is located there and has been for a long time. -3- Chairman Andrews then asked Gregory Mims if he's buying 10 acres and Mr. Mims replied that's correct. Chairman Andrews commented it appears there's a little arrow between this property and the road and Gregory Mims indicated there's a small wedge of land on there not in the metes and bounds description of that particular tract. Chairman Andrews inquired if Gregory Mims only has access to the road from that little jog and Mr. Mims answered no, he actually has access all along the southern border of the property. Chairman Andrews questioned that if it all has access to the road, how can that little jog be there. Someone must own that piece of property. ..Robert Leininger and Gregory Mims both insisted that Old Nacogdoches Road takes a slight jog at that point. . ~Merwin Willman asked if there's a building in there too and was. told by Gregory Mims there is an old homestead there. George Vick asked Gregory Mims if he's going to build housing on the property and Mr. Mims replied he intends to maintain a single-family residence there. Councilman Greenwald wondered about electrical easements, fire lines, Entex, etc. and Chairman Andrews pointed out that a 14' gas and electric easement is .shown across the front of the ~ property.- ~ . Steve Simonson questioned if there's an ~ntex main in the ground and Gregory Mims ,answered no, service is provided in the area by City Public Service. Chairman Andrews asked Gregory Mims if he's the present owner of the property and Mr. Mims replied no, he is attempting to record this plat in an effort to subdivide this and purchase the property from the present owners. Chairman Andrews inquired if he's subdividing the 10 acres and Mr. Mims related the 10 acres is part of a 60+ acre tract. Chairman Andrews then told. Gregory Mims that if he's not ~ the owner,. then the Commission cannot approve .the. plat. Steve Simonson advised Robert Leininger and Gregory Mims they can go through the preliminary process, but final plat approval would be contingent on proof-of-purchase. George Vick made a motion to approve the preliminary plat for the Mims Subdivision pending proof-of-purchase by Gregory Mims. Merwin Willman seconded the motion and the vote was unanimous -4- P in favor. Motion carried. Chairman Andrews asked Gregory Mims if he knows what time frame he's looking at for the actual purchase and Mr. Mims replied supposedly by May 21st. . ~6 UPDATE: A. Street Name Change for Live 0ak Blvd. B. Comprehensive Plan A. Street Name Change for Live Oak Blvd Chairman Andrews asked Steve Simonson the status of the street name change. Have we received permission from the Post Office? . Steve Simonson replied he hasn't received anything back yet - from the Post Office. He did talk with .David Walker from- ~-.Cibolo and is getting a comprehensive map put together based upon existing documents executed between Schertz.arid- Cibolo. . ~ He h-asn't.- had a .chance to speak with. Margie: Lubianski from Selma. Mr. Simonson told the Commission that Wiederstein Road is in no man's land.right now. The Schertz city limits are up to the property line on one side and the Cibolo city limits are up to the property line on the other side. Neither city has annexed .the road, so the County maintains it. There is a lot more involved than just renaming the road and he will keep the Commission informed. - - B. Comprehensive Plan'- ~ ~ Chairman Andrews informed the Commission the~Plan has been sent forward ~to City-Council and then. asked if we know when- it's going to be on their agenda. Councilman Greenwald indicated it was in their package and is an item for discussion tomorrow night. #7 GENERAL DISCUSSION David Richmond: (a) Commented Steve Simonson had provided him with information ion .the monies paid for demolition of the Greenshire signs and he had passed: that information on. to Mark Vaughan who was very - - ~ appreciative. ~ - - - - Mr. Vaughan is interested in resurrecting the signs, but doesn't want to do anything until the road widening is complete. He is, however, going to try and put up some kind of temporary sign to indicate there is a neighborhood there. Mr. Richmond thanked Steve Simonson for his efforts. -5- n 9 ~ Keith Van Dine• (a) Noticed the City has been patching up the chuck. holes in Schirmerville-and the residents appreciate it. (b) Apologized to the Commission for missing so many meetings, but sometimes there are circumstances beyond his control. He hopes to have the problem corrected in the near future so he can attend more meetings. If it doesn't work out, he will have to step down. Chairman Andrews thanked Mr. Van Dine for his concern. Councilman Greenwald: (a) Related he had attended the first official meeting last night, as a representative bf Schertz; of the Canyon Regional Water Authority. Everything~$as.been approved and it looks . Tike they're going~to.be groundbreaking for the water treatment, .:plant on. the 20th of thi.~:month with. completion scheduled for .June . of _ 1994.. - They are pursuing one alternate source of water, but they don't know if it will be the sole alternate source. Chairman Andrews asked if they had indicated the possibility of some kind of retention pond in this area. Mr. Greenwald replied not as far as he knows. .What they are looking~at is taking Dunlap water treatment and pumping 'out service to whoever wants i~t. •~There couldbe some changes in State law and. . a' few other- things - - _ • . .Mr. Greenwald informed the Commission that David. Davenport will be here tomorro~i night to brief the Council on some bills they are pushing in regard to Edwards water. Steve Simonson: (a) Thanked everyone for the flowers and cards sent to him when he had surgery. (b) Filled the Commission in on some of the things happening in the City: 1~.. Misc2ier Corporation has: purchased-- -the old CDR property - and the rest of Silvertree. Dover wants to start building as. soon as possible: ~ - . 2. Is expecting by the next meeting to have a revised Master Plan and preliminary plat from Richland properties for the back part. of Woodland Oaks. 3. Have heard that bids are being .put in for the old Biegert property (property behind Savannah Square). -6- ~ 4. Has no idea. about what's going on with the Greenshire property. 5. Some businesses are looking at the possibility of moving into the City. 6. Tri-County Industrial Park has been sold to Zemex Corporation. Keith Van Dine interrupted to remind Steve Simonson not to forget about the removal of the light pole at the corner of Pfeil Road and the access road. Mr. Van Dine was supposed to have gotten back with Steve Simonson with information about. the date when the light was pulled out.. It was Bobby Herrera who had the information and he 'has since passed away, so Mr: Van Dine said he would still try to get the information. Counci.lman.:Greenwald asked.. if there. isn't a pole number and Mr.. Van Dine 's aid they took the.pole when they removed the light. As a matter of fact, they have now removed another one and when asked about it, they said the City of Schertz told them to do it. Steve Simonson advised he will pass that information onto Kerry Sweatt. (c) Asked Keith Van Dine to inform the residents of - Schirmerville thatplans are still going forward on the bond .issue for.road.construction.~ ~ ~ Chairman Andrews: (a) Advised Steve Simonson to inform the Inspection Department that at the corner of Valley Oak and Greentree a new fence is being constructed, and upon checking into it, he found it to be almost 3 1/2' into the easement. Mr. Andrews pointed out that the homeowner is relying on the builder putting up the fence to clear everything with the City Inspector. #8 ADJOURNMENT Chairman Andrews adjourned the meeting. at 7:35 P.M. The next regularly scheduled meeting is-May 25,. 1993. -7-