01-11-2000
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PLANNING & ZONING MINUTES
January 11, 2000
The Schertz Planning and Zoning Commission convened in Regular Session on
Tuesday January 11, 2000, at 7:00 p.m. in the Municipal Complex Bob Andrews
Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as
follows:
PLANNING & ZONING COMMISSION
CITY STAFF
Ernie Evans, Chairman
David Richmond, Vice-Chairman
Tony Moreno
Gary Wallace
Joyce Briscoe
Keith Van Dine, Secretary
Ken Greenwald, ex-officio
Steve Simonson,
Asst. City Managerl
Planning Coordinator
Mary Ybarra, Planningl
Recording Secretary
Commissioners Absent
Others Present
L.M. Douglass,
Keith Miller,
Joe R. Leos,
1683 Fir Circle.
C.M. Dugie,
Riedel's Furniture
#1 Call to Order:
Chairman Evans called the January 11, 2000 meeting to order.
#2
Approval of Minutes:
Regular session of December 14, 1999.
Chairman Evans asked if there are any correction or additions to the minutes of
December 14, 1999?
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Chairman Evans stated that some minor topographical corrections to the minutes of
December 14, 1999 have been turned over to the recording secretary. David Richmond
also reported that on page 10, in his comments, second sentence add, "to remove" the
trailer from its present location.. .etc."
With no further corrections or additions, a motion was made by Keith Van Dine and
seconded by Gary Wallace to approval the minutes of December 14, 1999, as
amended. With a vote being called, the motion was approved.
#3 Status of Final Plats:
There were none.
#4 BOA Actions:
Joyce reported that the Board approved the following two variance requests: Vicente
. Salazar, 500 Winburn and Michael Eakman, 4608 Flagstone.
#5 Citizen's Input Other Than Agenda Items:
There were none present.
#6 Consider and Make Recommendation: Request from Kaufman & Broad
for a Special Exception to the Zoning Ordinance for a rear yard setback from 20' to 10'
for a construction of a patio, 1683 Fir Circle, Blk.3, lot 99, Greenshire Unit 5.
(BOA #135-00).
Steve Simonson stated that this type of construction request (flat work) is normally not
brought before the Commission. However, due to the unusual circumstances on how
the house is built and the slope of the land, the building inspectors found that the work,
which is approximately 3 to 4 feet off the ground patio (solid cement), is part of the
actual foundation. The inspectors felt that considering the type of construction, the work
. is more than flat work that encroached into the rear yard building setback. City Staff
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determined that the request required action by the Commission and the Board of
Adjustment. Mr. Simonson explained that the flat work is solid concrete, approximately 3
to 3 % feet high at places at the backend of the property.
David Richmond commented that the patio is huge, 1,020-sq. ft., do we know what the
plans are for this patio? David voiced concern to future improvements to the patio, due
to placement and height. Mr. Douglass, homeowner explained that the patio is strictly
flat work, no structure addition is planned. The patio was designed for standing,
enjoying and dancing. Mr. Douglass explained that the places where the patio sits 3' off
the ground are at the retaining toe beams at the outer edges of the whole patio. The
rest of the patio slab is only 4" thick with placement of wire mesh. It was not designed
for an addition in the future; the house is already 4,500-sq. ft., and nicknamed the
"Alamo Dome" by neighbors. At this time, the contractor passed out photographs of the
home and patio, showing the items discussed.
. Leonard Truitt building official for the City of Schertz commented that it's pertinent for
the homeowner to receive approval or denial from the Board of Adjustment (BOA) due
to site lockup by the inspection department. The following are current violations:
1. no building permit issued;
2. no inspection done to the addition;
3. violation of the rear yard setback.
Mr. Truitt stated that the job site is currently on hold until the Commission and Board of
Adjustment takes action.
Ernie Evans asked that what would the construction do to the drainage in the area and
was advised that the drainage issue has not been reviewed, however Mr. Truitt stated
that in his opinion the lot has enough slope and would drain properly. Mr. Douglass
commented that the rest of the lot, which only consists of side yard, would be sod, and
drainage would not be a problem.
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The Commission was interested in knowing how far along in the construction was the
home. Mr. Truitt reiterated that the site is on hold at this time, however he believes the
home is at the framing stage, and the concrete portion poured. As he mentioned
previously no inspection was made.
At this time, Keith Van Dine questioned the contractor and asked why had this happen?
Why wasn't a permit requested and why wasn't the inspection department notified?
Mr. Leos, the contractor stated that this isn't normal procedure for the Company,
however in this case, the decision for the patio came after the permit was issued for the
house structure. Mr. Leos stated that since this has happened he has contacted the
building inspector and assured the department that if this type of situation should occur
in the future the company would submit an addendum and apply for a permit. At this
time, Mr. Truitt stated that no permit would be issued to the contractor until the Board of
Adjustment takes action on this variance request.
Tony Moreno voiced concern, that he assumes the patio has no steel reinforcement of
any kind and due to the type of soil (clay) in the area, what is going to happen if the
patio shifts? If this were to happen, the patio will crack and come apart if there is no
steel reinforcement. Mr. Truitt stated that even though there was no inspection done on
the patio, he could confirm that there is some steel in the foundation. Tony Moreno
stated that if this is the case, are we to assume the patio would stay together. Mr. Truitt
stated that he could not clarify to the statement, and added that the steel used doesn't
meet the cities minimum requirements.
Mr. Douglass explained that the outer edges of the patio have # 4 rebar at the toe beam
corners. The rest of the flat work is bagged with dirt to a 4" slab height, and the concrete
poured with wire mesh placed at the center, similar to a driveway.
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Gary Wallace asked that even though the patio has southern exposure, are we to
assume the intend is not to place a patio cover on it? Mr. Douglass replied that is a
correct statement.
David Richmond questioned that if the site doesn't' meet minimum requirements for the
type of construction, and would not have passed inspection, are we to assume that if
the variance were approved, a permit would be issued? Mr. Truitt stated that a permit
would be issued after a letter was received from the Engineering Department supporting
the construction.
Gary Wallace asked that if any future construction such as a cover for the patio would it
require a permit? David Richmond stated that any addition would first require
authorization from the Homeowners Association, which would start the process.
Joyce Briscoe asked for clarification on the variance request; wasn't the request for an
. extension on the foundation, and as the request was further discussed it was
established, other requirements were needed? Ernie Evans stated that from the
description provided it is not tied into the foundation. The house foundation was first
poured, and the foundation for the patio was added. Joyce asked if this is normal
procedure?
Mr. Truitt stated that normally inspections are not done on 4" standard patio slabs, and
do not require action from the Commission. However, due to the design acting as a
foundation, variance, and height of patio, it does require action from the Commission
and the Board of Adjustment.
Mr. Douglass stated that he wanted to stress that no further construction would take
place on the patio. No type of structure would be built; it is strictly a patio. Mr. Douglass
appealed to the Commission to allow the variance.
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With no further discussion, a motion was made by Gary Wallace and seconded by Tony
Moreno to forward recommending approval on the request from Kaufman & Broad, for a
Special Exception to the Zoning Ordinance for a rear yard setback from 20' to 10' for a
construction of a patio at 1683 Fir Circle, Blk. 3, lot 99, Greenshire Subdivision Unit 5 to
the Board of Adjustment for their consideration. With a vote being called, the vote was
as follows:
Ayes: David Richmond, Gary Wallace, Keith Van Dine, Joyce Briscoe and Tony
Moreno.
Abstention: Ernie Evans.
Motion was approved.
#7 Consider and Make Recommendation: Request from MBC Engineers for
Preliminary/Final Plat Approval of a Sonic - Corridor Loop Road. (PC#435-00).
Steve Simonson stated that the plat is presented as preliminary/final because the site is
. known to have all utilities and roads. The drainage, signature block and floodplain
information is on the plat. Steve Simonson stated that the slope of the land is
considerable, however there are no drainage problems. It has been designed to drain
unto IH35 ROW, at the recommendation of the highway department. Mr. Simonson
concluded that basically it is a clean plat.
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With no further discussion, a motion was made by Tony Moreno and seconded by
Joyce Briscoe to approve the request from MBC Engineers for Preliminary/Final Plat
Approval of a Sonic - Corridor Loop Road. With a vote being called, the motion was
approved.
#8 Consider and Make Recommendation: Request from Riedel's Furniture
& Applicance, 1052 FM 78 for sign placement along FM 3009 and Schertz Parkway.
(PC#432-99) Tabled 12-14-99.
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Ernie Evans stated that the agenda item was tabled at the meeting of December 14,
1999, and will have to be taken off the table before discussion.
At this time, a motion was made by Keith Van Dine and seconded by Tony Moreno to
take off the table the request from R Riedel's Furniture & Appliance, 1052 FM 78 for
sign placement along FM 3009 and Schertz Parkway. Before the vote was called, David
Richmond asked if a representative was present and was advised that someone was
present. At this time Chairman Evans called for a vote to untable the agenda item, the
motion was approved.
Steve Simonson stated that the original letter dated November 12, 1999, from Jo Marie
Clark asking for some type of signage on FM3009, is part of the Commissioners packet.
A representative is present to answer any questions.
Mr.Dugie stated that the Commission and City Staff don't realize that the traffic on FM
. 78 is going down. He predicts the city will be a ghost town before anyone realizes it. Mr.
Dugie stated that there is "nothing on FM78 and nothing in Schertz to attract people to
come to Schertz." There is nothing in downtown Schertz; everything is on IH35 and FM
3009. The businesses like Riedel's is what helped the City the Schertz grow. People are
forgetting the businesses on FM78. Mr. Dugie asked that how can businesses on FM 78
attract business to the downtown area of Schertz?
David Richmond stated that he has a couple of suggestions, the first is due to begin the
1 ih of January, the widening of FM78, and improvements to the bridge across Cibolo
Creek. Secondly, a beautification committee that would be instrumental on improving
business presence on FM78. David Richmond stated that between the present time
and the conclusion of construction on FM78, not much can be done. During construction
you are clearly going to have people trying to avoid the area. David added that the
Commission has interest in improving the downtown area, however is in agreement that
the first thing needed would be road improvement.
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Mr. Dugie commented that businesses on IH35 and FM 3009 are given tax abatements,
what about the businesses on FM 78, "Can we get some sort of break, or anything, is
there some wrong with that?" Mr. Dugie was informed that these levels of issues are to
be taken up with City Council.
Chairman Evans further explained that whatever tax abatement are given throughout
the City; are for future improvements, capital investments, and equipment for business
location in the future. Part of which is abated, however the City never takes less dollars,
then what the City was getting the day before the business started. Secondly, the bond
election of last year had several bond issues that did not pass. These issues were
strongly supported by this Commission and planning staff, which consisted of
establishing a town center, preserving buildings, and enhancing the creek area which
would improve the downtown area. To the Commissions dislike these issues did not
make it through the process.
. Ernie reiterated his statement that the tax abatement issue needs to be taken up with
City Council and that the Commissions primary job this evening is to take action on the
request for signage. This Commission has been trying to carry out standardization
without over kill, and not have our City look like "Pat Booker Road or Old Nacogdoches
Road". Chairman Evans added that the Commission has also worked with the
Economic Development department to encourage improvements on Schertz Parkway,
which would bring traffic into the old downtown area. Needless to say, the Commission
and planning staff has an interest in the downtown area.
Mr. Dugie questioned an existing sign along FM3009, which is advertising a business
on FM78. How was this sign authorized?
Heated discussion between Mr. Dugie, Commissioners and city staff in regard to the
existing sign (Planet Video) on FM3009 ended with Mr. Simonson explaining that the
sign in question is grandfathered. Planet Video was given permission to use the sign on
. FM3009 when the business first stated.
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Mr. Dugie stated that he has a hard time understanding the explanation, and mouthed
off obscenities. At this time, Mr. Simonson again reiterated his explanation that "Planet
Video" went through the process and because it's an existing sign, is authorized. Mr.
Simonson explained that the other side is an illegal use and at this time city staff is
trying to locate the owner. Mr. Dugie asked that if it were possible for Riedel's to
advertise on the other side of the sign and was advised that authorization would have to
come from the Planning and Zoning Commission.
Mr. Dugie stated that he wants to remind the Commission of Mr. Riedel's contributions
to the City of Schertz, but apparently all that has been done has been forgotten. Mr.
Dugie stressed that the business needs help and guarantees the business will not be in
Schertz in the next two years, if help is not given.
Chairman Evans stated that he hopes Mr. Dugie doesn't have the opinion that the
Commission doesn't care, because the Commission supports and cares for businesses
. in the City. Mr. Dugie stated that he was very upset and feels nothing is being done for
the businesses along FM78.
Chairman Evans stated that the Commission can only act on the signage issue,
however the only thing that Mr. Dugie can do, in view of whatever the outcome is this
evening, is to ask City Council for a review of the action taken.
Chairman Evans stated that the Commission would take action on the request as it was
presented; however the request does not identify size and type of signage. Mr. Dugie
commented that there is an interest on bandit type signage. Mr. Dugie was advised that
there are specific rules for this type of signage. Chairman Evans suggested that he
could contact City staff to obtain copies of the sign ordinance that are in effect at this
time, and the ordinances that the Commission works by. When this process is done,
then Mr. Dugie would be providing the Commission with a defensible position to work
from, and allowing the Commission a defensible position also.
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At this time, Mr. Simonson stated that the owner of the illegal sign needs to be found
and the sign taken down. Secondly, he needs to explain the procedures, to help the
Riedel business present a request to advertise on the other side of the "Planet Video"
sign, to the Commission as soon as possible.
With no further discussion, a motion was made by Gary Wallace and seconded by Keith
Van Dine to disapprove the request from Riedel's Furniture & Appliance, 1052 FM 78
for sign placement along FM 3009 and Schertz Parkway. With a voted being called, the
motion was approved.
#9 General Discussion:
Tonv Moreno:
Tony commented he was glad everyone made it back after the holidays and hoped for a
. very productive year.
Keith Van Dine:
Keith commented on the patio issue and asked if the request would have been
disapproved, who would be responsible for the cost, and was advised the contractor
would be responsible.
Keith commented on Mr. Dugie's request and agreed with David Richmond, that not
much can be done with businesses along FM78 until construction is complete. Keith
added that if Riedel's has been in business for over 50 years as stated by Mr. Dugie,
obviously they have been making money over these years and not advertising hasn't
killed the business.
Keith also was glad to see everyone back and hoped everyone had a good holiday.
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Gary Wallace:
Gary commented that if "Planet Video" has a sign at their location, shouldn't the
Commission look into asking to take out the sign on FM3009.
Jovce Briscoe:
Joyce mentioned that she was under the impression that Bandit signs were only for
developers and stated she doesn't like them or any other type of sign on FM3009.
Joyce also mentioned that the light that illuminates the flag in front of the County
building on Elbel Rd. shines on the faces of drivers and is a driving hazardous. She also
asked if work could get started on the Comprehensive Plan for the City.
Ken Greenwald:
. Ken reported that a portion of bond money was received, and approximately 4 million
dollars has been spent. Approximately 33 hundreds have been acquired in Gonzales
County, and at this time there is enough land to supply both cities. Obviously, more land
is needed for projected growth, etc. All the studies are taking place and everything is
running on track.
Ken mentioned the start of "BVY A", the 1 st of April is the beginning of softball and
baseball. He reported growth on the basketball program from approximately 250 to 600
children. The program is using every gym in the school district.
David Richmond:
David thanked Steve for the removal of the Pulte construction trailer on Green Valley
Road.
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Steve Simonson:
Steve mentioned the start of negotiate for the purchase of ROW on Lower Seguin Road,
and hopes that between 3 and 4 parcels are purchased in the next couples of months.
He is also working on finalizing the FEMA grant to purchase the property in the 1998
flood. He has started work on another grant that the requirements are 10 times harder
than the FEMA grant. The requirements are unbelievable; pubic hearings, legal notices,
etc., the grant package is 3 times the size of the FEMA package for half the money.
Steve also mentioned that there is a possibility of locating a ice skating rink, and a inline
roller rink, combination recreation center. Steve mentioned that ProLogis is moving
forward and we will be seeing work being done on a Walgreens site in the next month.
Ernie Evans:
. Ernie thanked Steve for the update information in terms of the Eckerd information, etc.
also a copy of the new bandit sign ordinance has been provided. We will be provided
the amendments to the UDC as soon as it is complete.
Ernie stated that he would be happy to help work on preparing the RVP's
(Comprehensive Plan) packets.
#10 Adjournment:
David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion.
The meeting adjourned at 8:20 p.m. /
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Chairman, Plan~ing & Zoning iommission
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