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03-28-2000 . . . PLANNING & ZONING MINUTES March 28, 2000 The Schertz Planning and Zoning Commission convened in regular session on Tuesday March 28, 2000, at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: PLANNING & ZONING COMMISSION CITY STAFF Ernie Evans, Chairman David Richmond, Vice Chairman Tony Moreno Joyce Briscoe Gary Wallace William Sommers Ken Greenwald, ex-officio Steve Simonson, Asst. City Manager/Planning Coordinator Mary Ybarra, Planning/ Recording Secretary Commissioners Absent Others Present Keith Van Dine (work related) Bob Bomer, Bob Bomer Oldsmobile Jack Wilson, 3570 N. Loop 1604E Trey Marsh, Pape-Dawson Engineers Tom Chapman, Benchmark Homes #1 Call to Order: Chairman Evans opened the meeting of March 28, 2000 to order. #2 Approval of Minutes: Chairman Evans asked for correction or additions to the minutes of February 22, 2000, and mentioned that the minutes of March 14, 2000 were not published. 1 . Joyce stated that on page five, fifth paragraph to correct the word "recluse" to read "recuse" and add the word "herself' to the sentence. On page ten, -second paragraph last sentence correct the word "then" with "than". On page nineteen under her comments add the letter "s" to the word "bank". With no further discussion, a motion was made by David Richmond and seconded by Gary Wallace to approve the minutes of February 22, 2000 as corrected. With a vote being called, the motion was approved. #3 Status of Final Plats: There were none to report. #4 BOA Actions: . There was no report. . #5 Citizen's Input Other Than Agenda Items: There were none present. #6 Consider and Take Appropriate Action: On Bandit Sign application for sign placement on FM3009 for MHI-Plantation Homes. Steve Simonson stated that as an oversight Plantation Homes was not sent a letter advising of the new ordinance. The request before the Commission is the application from the builder seeking approval on the bandit sign ordinance. Chairman Evans asked for questions or concerns, with none voiced a motion was made by Tony Moreno and seconded by Joyce Briscoe to approve the bandit sign application 2 . for sign placement on FM3009 for MHI-Plantation Homes. With a vote being called, the motion was approved. #7 Consider and Make Recommendation: On a request from Benchmark Homes, 4324 Willow Oak, Oak Trail Unit 1 for a special exception to the zoning ordinance for a rear yard setback from 20' to 14' Steve Simonson stated that a mistake was made by the Inspection Department issuing a building permit to construct the house in question. The house is built and ready occupancy. The inspector did not realize that the house was constructed 14' from the back line and 35' from the other. The encroachment is for 6' into the 20' building setback. Gary Wallace asked if the home was on a cul-de-sac and what was behind it? Gary was advised that the home is at a cul-de-sac and that there is nothing behind the home at . the present time. In the near future another residence would be behind it. Ernie Evans asked for questions, comments or concems at this time. With no further discussion, a motion was made by Tony Moreno and seconded by Gary Wallace to forward to the Board of Adjustment recommending approval the request from Benchmark Homes, 4324 Willow Oak, Oak Trail Unit 1 for a special exception to the zoning ordinance for a rear yard setback from 20' to 14'. With a vote being called, the motion was approved. Steve Simonson mentioned that the BOA meeting has been scheduled for April 3, 2000. Benchmark Homes representative Tom Chapman apologized and stated that is wasn't the intent to try to get anything pass the City. At this point obviously it is known of the problem and certainly will not let it happen again. Mr. Chapman commented that . 3 . Benchmark Homes would like to continue working within the city and not have any more problems from this point on. #8 Consider and Take Appropriate Action: On a request from Don McCrary & Associates for preliminary plat approval of Wilson Subdivision. Steve Simonson stated the plat before the commission shows the flood plain, signature blocks for engineer and planning and zoning commission and the signature of engineer is placed. The only item missing is the name of one of the property owners. Ernie Evans stated at the "Garden Subdivision" is used instead on "Wilson Subdivision", in the Planning and Zoning signature block. Steve Simonson stated that these two items are the only corrections to the plat. . With no further discussion, a motion was made by Gary Wallace and seconded by Tony Moreno to approve the request from Don McCrary & Associates for preliminary plat approval of Wilson Subdivision. With a vote being called, the motion was approved. #9 Consider and Take Appropriate Action: On a request from Bob Bomer for preliminary plat approval of Bob Bomer Oldsmobile Subdivision. Steve Simonson stated that previously approval was given for the Bob Bomer Subdivision plat. This is submitted with major changes, the lot size has not changed; however the street that was to parallel north to south has been deleted. Ernie Evans asked if the floodplain information was correct? Steve Simonson stated that the date, panel and community numbers are correct, however the county would be Guadalupe not Bexar County. . 4 . Ernie Evans asked for clarification on the acreage number throughout the plat. The numbers of acreage are different throughout the plat. Mr. Rion, Pape-Dawson engineer stated that the 4.724 acres are a total acreage that is being platted. It includes the offside easements, variable width drainage easement of .301 acre and is thoroughly convinced the acreage is matched. It will be checked again before it is submitted for final plat consideration. Ernie Evans stated that item #8 (variance request relief from Article VIII, Section 4.2, which is the planning of trees on street frontage) is still part of the plat application and would have to be dealt with. Steve Simonson stated that the variance request was from the original request and the request before the Commission is a new plat submittal. It would be up to the Commission, whether to delete the item or act on it as separate issues. . Mr.Rion stated that the variance request mentioned on item #8 of the plat submittal is a separate issue from the variance request that is to be considered this evening as a separate agenda item. The variance request of item #8 stands as mentioned. Ernie Evans stated that item #8 of the check list stands as submitted on the application and would have to be considered in the process of approval or disapproval. David Richmond stated that he has the same concerns as voiced at the previous meeting. He believes that given the location of the dealership and given that seeing the dealership from the interstate with traffic traveling 70 mph, he doesn't think drivers are going to be concerned with what can be seen or not seen on a lot. Drivers will be more interested in seeing a sign indicating an Oldsmobile dealership. David added that as mentioned at the previous meeting, there are examples of dealerships with treed frontage, i.e. Ken Bachelor Cadillac that have done a very good job in placing their car lots in treed areas leaving an abundance of trees, so to blend in nicely with the . 5 . landscape. David concluded that he believes this is a variance that the Commission should not consider approving. Joyce Briscoe stated that she supports David's comments and she believes the five trees would enhance the area. Mr. Rion stated that the development has done a very good job in preserving as many trees as possible. Mr. Rion stated that the development would be planting smaller diameter trees that in this opinion are out of context with the saving of the balance of the old growth trees. Mr. Rion stated that the trees planted will be what the city ordinance asks for, which are a small diameter tree that won't look anything like the larger trees on the lot. David Richmond explained that the difference is that the trees that are being saved have had time to mature and in twenty years the trees that are planted today will grow . and mature and be nice times. David added that what the Commission and the City of Schertz is trying to do is to return trees to the landscape, with the adoption of the tree ordinance. Joyce Briscoe stated that the city's tree ordinance is very new and she doesn't believe the Commission should be granting variances. In her opinion the tree ordinance should stay in place. Ernie Evans stated that it is his understanding from listening to comments that because the variance request is attached to the plat submittal that the Commission is agreeing to a decided action against the plat. Ernie added that if approval were given to the plat the approval would also be given to the variance. The request can not be separated the Commission will have to deal with the item as it was submitted. Mr. Rion asked that if the Commission could act on the agenda item as it had done . previously, where the variance request was denied and plat approval was given. It is 6 . important to proceed with the platting process. Mr. Rion requested that the exact same thing be done this evening. Steve Simonson stated that approval could be given to the plat, separating the variance issue, however a note stating that the variance request had been denied would have to be part of the final plat. Steve commented that the plat is preliminary and the final plat will show the correct documentation. Ernie Evans stated that even though the variance request has been withdraw it is still attached to the plat submittal and would have to be denied. With no further discussion, a motion was made by Gary Wallace and seconded by Tony Moreno to approve the request from Bob Bomer for preliminary plat approval of Bob Bomer Oldsmobile Subdivision contingent upon minor corrections mentioned by Mr. Simonson and contingent upon the elimination of the variance request from the final plat . presentation. With a vote being called, the motion was approved. #10 Consider and Make Recommendation: On a request from Bob Bomer for a variance to the Tree Mitigation Ordinance, Article VIII, Section 4.1 of the City of Schertz Unified Development Code. Steve Simonson stated the variance request before the Commission is on the tree mitigation ordinance specifically in the payment, in lieu of the number of inches that have been removed. Mr. Rion stated that the development at this time would like to withdraw the request as mentioned on item #10. Mr. Rion added that the development has done a very good job in saving trees, it saved 60% of all treed diameter inches and believes that will enhance the lodk of the dealership. There would be no apology to this fact, however having to pay the City of Schertz $23,000 dollars to mitigate other trees that were not saved is . 7 . a steep ticket. Mr.Rion stated that he believes the tree ordinance should be look at in the future relative to the cost. He believes it is injurious to owners and developers. Tony Moreno stated that he agreed with the developer, the project looks very attractive however, the city ordinance was placed with the intent of placing trees back into the landscape and to protect treed areas within the city. It is the Commission consensus that the tree ordinance stays in place. David Richmond commented that if the City of Schertz made a mistake, it might have been in not considering a tree ordinance soon enough for the City of Schertz. The city has allowed developers to clear-cut a lot of heritage trees, particularly in the city subdivisions before the Commission addressed the subject. David added that before the Commission placed the tree ordinance, many municipalities were researched to make sure that when the City came up with an ordinance it would fair and would also insure that the heavily treed areas that were left throughout the city would be preserved. David . concluded that the ordinance has established precedence and believes it is the consensus to continue to hold the line. At this time, Mr. Bob Bomer stated some of the reasons the dealership chose to come to City of Schertz. Mr. Bomer thanked the Commission and the City of Schertz for the opportunity to settle in Schertz and their effect in protecting the City of Schertz. With no further discussion, a motion was made by Gary Wallace and seconded by David Richmond to deny the request from Bob Bomer for a variance to the Tree Mitigation Ordinance, Article VIII, Section 4.1 of the City of Schertz Unified Development Code. With a vote being called, the motion was approved. #11 Consider and Take Appropriate Action: On a request from Bob Bomer for Site plan approval of Bob Bomer Oldsmobile, IH35. . 8 . . . Steve Simonson stated that the site plan before the Commission is complete, the lighting and landscape information that was previously submitted with the last site plan has not changed. The developer was not asked to re-submit these issues again. Basically, everything is the same, however there are some modifications. The site plan indicates a single entrance and the street (Victoria Blvd.) has been removed. The driveway has been taken away, which was Victoria Blvd. The driveway showing would have to be authorized by the highway department and not a city concern. Steve added that the site plan still shows the DBH trees that are required, size of building are shown, and where the trees are to be placed. Steve stated that the site plan is a revamp site plan that is very much like the original site plan presented, minus the street and showing one driveway. Steve Simonson added that a very good job was done in making sure all the requirements were followed in regard to the tree ordinance. David Richmond asked that if the one exit proposed was satisfactory with police and fire department and was advised yes, because the entrance/exit has the width that is required. Steve Simonson stated that there is also a dirt road at the back of the property that could be utilized for emergency vehicles entering the property. Also, FM 1518 could be used to gain entrance into the property. With no further discussion, a motion was made by Tony Moreno and seconded by Gary Wallace to approve the request from Bob Bomer for Site plan approval of Bob Bomer Oldsmobile, IH35. With a vote being called, the motion was approved. #12 General Discussion: Tonv Moreno: Tony had no comments. Gary Wallace: Gary had no comments. 9 . Joyce Briscoe: Joyce inquired as to what kind or type of car wash was Texas Shine car wash, and was advised it was a wash your own service. Joyce inquired on the money that is being collected by the tree mitigation fee, is the money being used to plant trees? Joyce suggested that the monies could be used to plant trees throughout the city. Joyce also mentioned that she has not received a utility bill in quite some time and would like to know what is going on. She is being told that the city has a software problem and that she would receive a bill soon. She has not. Ken Greenwald: . Ken reported that the first baseball game is scheduled Saturday morning at 9 am. . Ken also reported that the Seguin/Schertz Local government met Thursday and that the permit for the first well will be going out for bids. David Richmond: David commented on reading an article in regard to billboards where cities are not authorizing billboards. After reading the article he believes the city should review the City Unified Development Code in regard to billboards. He believes the city should re- think the ordinance on billboards and not allow them. 10 . Steve Simonson: Steve reported on some inquires on the 8.861 acres on Schertz Parkway. This is the 3rd inquiry. He has advised everyone that Westchester Street is an issue and that the Planning and Zoning Commission is very strong in keeping to the city road master plan. Ernie Evans: Ernie Evans asked if anyone was following up with the Walgreen development, he believes they have removed trees that were not to be removed. He asked that some look in to it. #13 Adjournment: David Richmond moved to adjourn the meeting. Joyce Briscoe seconded the motion. . The meeting adjourned at 8:20 p.m. ~n .. ..~~/~ !V Chairman, Planning & Zon(~g Commission ATTEST: " ,,-;/'// . . I' .},i::' /l//,.:.,} ,//'., , ..."(' /."' ':' :;:....---- ,",1 Planning secref~ry, City of Schertz . 11