Loading...
BOA 03-22-2010 BOARD OF ADJUSTMENT MINUTES March 22, 2010 The Schertz Board of Adjustment convened on March 22, 2010 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Earl Hartzog, Chairman Frank McElroy Donald McQueen Christopher Montgomery Rebekah Inmon, Alternate Richard Dziewit, Alternate CITY STAFF Michelle Sanchez, Director of Development Services Misty Nichols, Senior Planner Michael Spain, City Attorney BOARD MEMBERS ABSENT Norman Slocum OTHERS PRESENT Robert Brockman, 1000 Elbel Blake Rue, Oryx Development, LLC Colby Denision, Ashton Senior Village Frank Longoria, Washington, Tyrannus School of Arts Brady Baggs, Vickery and Associates 1. CALL TO ORDER/ROLL CALL Mr. Hartzog called the regular meeting to order. 2. SEAT ALTERNATE MEMBER TO ACT IF REQUIRED. Mr. Hartzog seated Rebekah Inmon, Alternate acting as voting member. 3. HEARING OF RESIDENTS No citizen comments. 4. MINUTES: A. Regular Meetings - November 30, 2009 Mr. McQueen moved to approve the minutes. Mr. McElroy seconded the motion. Vote was unanimous. Motion carried. 5. PUBLIC HEARINGS: A. BOA 2010 - 001 Ashton Senior Village Hold a public hearing to consider a variance to Article 10, Section 21.10.4 Schedule of Off-Street Parking requirements to allow a reduction in the required parking by 209 spaces at 10.629:1: acres of land specifically described as a portion of the Genobera Malpaz Survey No. 67, Abstract No. 221, generally located 458:1: feet east of the intersection of Borgfeld Road and FM 3009. Public hearing opened at 6:26 pm. Ms. Sanchez gave a short presentation on the City Council approved zone change to R-4 Apartmentlmulti- Minutes Board of Adjustment March 22, 20 I 0 Page I on family dwellings. She stated that the public hearing notice was published in the Daily Commercial Recorder on March 4, 2010 and in the Herald on March 11, 2010. Thirty- two (32) notices were mailed to surrounding property owners on March 5, 2010 and a total of three (3) responses were received in opposition of which two (2) were opposed to the parking variance request. Ms. Sanchez stated that all departments including: Engineering, Fire Marshall, and City Marshall's office offered recommendations. This site is located east of the intersection Borgfeld Rd. and FM 3009 and staff feels that the reduction in the parking poses traffic safety concerns because of the potential for overflow parking on Borgfeld and the heavy amount of traffic at this intersection during peak hours. Ms. Sanchez offered staffs recommendation of disapproval. Mr. Hartzog recognized the following to speak: . Mr. Denison, Ashton Senior Village, spoke on the curb appeal of green space and landscaping opposed to the additional parking spaces. He expressed concerns with the opposition to the variance request. . Mr. Brockman spoke on the size of parking spaces, exit on 3009 and stated that he agreed with staff recommendation that 50% reduction in parking is not reasonable. . Ms. Sanchez advised that the standard lOx 20 parking spaces would be used. Mr. Hartzog requested that the applicant provide more in-depth information on the project. There being no one else to speak the Public hearing closed at 6:40 pm. After a short discussion on the variance request, Mr. McElroy moved to table the item to allow the applicant to provide more information from other communities and car counts. Ms. Inmon seconded the motion. Vote unanimous. B. BOA 2010-002 Ashton Senior Village Hold a public hearing to consider a variance to Article 5, Section 21.5.7 Dimensional and Developmental Standards to allow the maximum allowable building height of thirty-five feet (35') to be exceeded by five feet (5') at 10.629:1: acres of land specifically described as a portion of the Genobera Malpaz Survey No. 67, Abstract No. 221, generally located 458:1: feet east of the intersection of Borgfeld Road and FM 3009. Public hearing opened at 6:55 pm. Ms. Sanchez gave a short presentation on the request to the height restriction in a multi-family zoning district. She stated that the public hearing notice was published in the Daily Commercial Recorder on March 4, 20 I 0 and in the Herald on March 11, 20 I O. Thirty- two (32) notices were mailed to surrounding property owners on March 5, 20 I 0 and a total of three (3) responses were received in opposition of which two (2) were opposed to the parking variance request. Ms. Sanchez stated that all departments including: Engineering, Fire Marshall, and City Marshall's office offered recommendations. Ms. Sanchez offered staffs recommendation of approval. There being no one else to speak the Public hearing closed at 7:04 pm. Mr. McElroy moved to approve the request. Mr. Montgomery seconded the motion. Vote unanimous. Minutes Board of Adjustment March 22, 20 I 0 Page 2 of3 C. BOA 2010-003 Washington, Tyrannus School ofthe Arts Hold a public hearing to consider a variance to Article 10, Section 21.10.4 Schedule of Off-Street Parking requirements to allow a reduction in the required parking by 150 spaces at Lot I, Block I of the Washington, Tyrannus School ofthe Arts Subdivision also know as 8533 E. FM 1518 N. Public hearing opened at 7:05 pm. Ms. Sanchez gave a short presentation on the parking variance and the affects on the floodplain. She spoke on the impervious covers restrictions related to the site and advised the Board that schools are permitted in any zoning district. A public hearing notice was published in the Daily Commercial Recorder on March 4, 2010 and in the Herald on March II, 20 I O. There were 4 notices mailed to surrounding property owners on March 5, 20 I O. Ms. Sanchez offered staffs recommendation of disapproval. Mr. Hartzog recognized the following to speak: . Frank Longoria spoke on the benefits of the grades 7 - 12 school. . Brady Baggs spoke on the floodplain and student transportation to and from school. . Robert Brockman spoke in support of staff recommendation and compliance with the UDC. There being no one else to speak the Public hearing closed at 7:22 pm. Discussion followed between the Board, staff and applicant on the after school events and the size of the auditorium. After a short discussion, Mr. McElroy moved to disapprove the request. Mr. McQueen seconded the motion. Vote unanimous. 6. REQUESTS AND ANNOUNCEMENT: A. Requests by Members to place items on a future Board of Adjustment No requests by members. B. Announcements by Members and Council. . City and community events attended and to be attended . Continuing educations events attended and to be attended Mr. Hartzog announced the grand opening of the YMCA. C. Announcements by City Staff . City and community events attended and to be attended . No comments by staff. 7. ADJOURNMENT The meeting adjourned at 7:39 P.M. Minutes Board of Adjustment March 22, 20 I 0 Page 3 of3