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10-10-2000 .. . . . PLANNING & ZONING MINUTES October 10, 2000 The Schertz Planning and Zoning Commission convened in Regular Session on Tuesday October 10, 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 Steve Simonson, Interim City Managerl Planning Coordinator Mary Ybarra, Planning & Recording Secretary Gary Wallace Tony Moreno William Sommers Ken Greenwald, ex-officio COMMISSIONERS ABSENT OTHERS PRESENT Joyce Briscoe (Illness) Keith Van Dine (work related) David Richmond, (vacation) Don McCrary, Larry Aiken, Besch Subdivision Gala Burns, Ashley HOA Larry & Karen Hunt, K & L Properties Larry O'Neill, 4039 Broadway David Fluker, SCUC ISD Joe Carmona, MBC Engineers #1 Call to Order: Chairman Evans called the meeting of October 10,2000 to order. 1 . #2 Approval of Minutes: 2000 were not published. Minutes of September 12, 20000 and September :Lc,; Ernie Evans informed the Commission that the minutes are not available at this time. #3 Status of Final Plats: There were none to report. #4 BOA Actions: Ernie reported that the Board approved both side yard variances requested from Benchmark Homes. #5 Citizen's Input Other Than Agenda Items: There were none. . #6 Consider and Make Recommendation: On a request from MBC Engineers for final plat approval of Nell Deane Street Extension Steve Simonson stated that they are still working on problems with the street being off set. Steve explained that this problem goes back to 1983 when the existing portion of the Street (Nell Deane) was never platted. At this time, we are working to come up with the resolution to line up the (60') street as straight as possible. Steve explained that the plat before the Commission has nothing to do with the existing portion of Nell Deane Street. The construction plans have been reviewed and approved, thus the only thing is that the city is now trying to a line the street as best as possible under the circumstances. Steve Simonson informed the Commission that there is one item (AICUZ information) that has been left off the plat. It was an over sight that was not conveyed to the engineer . by city staff. Steve Simonson explained that it's necessary that the plat have a note 2 . . . stating that the plat is part of the ACUIZ zone. Steve stated that because this is a final plat, he would ensure that the note was added before the plat was taken for recordation, however, this decision would be up to the Commission. With no further discussion, Tony Moreno moved to approve the request from MBC Engineers for final plat approval of Nell Deane Street Extension to include the noting that the area is part of the ACUIZ zone. Gary Wallace seconded the motion. Before a vote was called, William Sommers stated that his law firm represents RFW, Inc. however, not in connect with this matter before the Commission this evening. Mr. Williams stated that he was not aware of the situation at the last meeting when the action was taken on this issue. Mr. Simonson stated that there isn't a problem as long as Mr. Sommers law firm has nothing to do with the matter before the Commission this evening, it would be legal to continue. Mr. Sommers stated that he is not involved with the ongoing case, it's a complete different matter. At this time, Ernie Evans called for a vote on the approval of the request. Motion was approved. #7 Consider and Make Recommendation: On a request from Ashley Place Association, Inc. for a variance to the sign ordinance. Steve Simonson stated that a representative is present from the Ashley Place HOA, who is asking to be allowed to place a portable sign. Mr. Simonson stated that sign would not be your typical cardboard sign, but more of a professional looking sign. He also explained that the sign was not very large (2x4) or intrusive, and would not be permanent. Mr. Simonson explained that because the city has an ordinance prohibiting portable signs, staff could not approve placement of the portable sign on street right-of- 3 . way without requesting a variance from the Planning and Zoning Commission for this particular portable sign for this particular HOA. Tony Moreno asked if the HOA had considered placing the sign in the Community Park? This way the sign would not have to be placed on corner of FM3009 and Schertz Parkway. Steve Simonson explained that the citizens that live in Ashley Place West, would not be able to see it, these citizens don't drive through Ashley Place on the East. . Gala Burns representing Ashley Place HOA informed the Commission that it is very difficult to inform the community even though the association sends out news letters and announcement of the different things happen in the community. However, because the community is split by Schertz Parkway it does make it difficult when the HOA wants to remind the community of different things happening such as meetings, different things happening in park that everyone is invited, and the community garage sale, etc. Gala Burns explained that the sign would be placed at varies times throughout the year, probably no more that six times a year, and stated that the HOA would appreciate the granting of the sign variance. Gary Wallace stated that his concern is like with any sign issue that comes before the Commission, "it's the precedent that is set". Mr. Simonson explained that not only would the portable sign advertise the community garage sale it would also advertise a multitude of different functions. Steve stated that in the past the HOA have used a paper type sign that the city has kind of overlooked. However, in this case when a permanent sign is used it does require a variance. Ernie Evans stated that allowing this variance in his opinion is a precedent issue and granting the variance would enable others to ask for similar variances. Ernie added that the Commission has worked diligently to establish a sign ordinance, and just isn't sure it's a good idea. . 4 . . . Tony Moreno asked could it be possible to restrict the number of times per year the sign would be placed? Could the city hold them to the agreement and if it were abused could the city pull the variance? Is this possible? Mr. Simonson stated that it would be extremely hard to administer this type of variance. Tony Moreno stated that he believes there ought to be someway to consider this type variance even though there is a restriction in place. Ernie Evans stated that he thinks portable signs are not attractive and he doesn't like them. With no further discussion, Gary Wallace moved to deny the request from Ashley Place Association, Inc. for a variance to the sign ordinance. William Sommers seconded the motion. With a vote being called, the vote was as follows: Ayes: Gary Wallace, William Sommers, and Ernie Evans. Opposed: Tony Moreno and Keith Van Dine. Chairman Evans stated that the motion had not passed, due to the number of Commissioners present, a unanimous decision is necessary. Ernie Evans opened the floor for discussion. Gary Wallace stated that he believes this matter will not be resolved this evening, and recommends tabling the issue until such time as we have a full Commission. At this time, Gary Wallace moved to table the request from Ashley Place Association, Inc. for a variance to the sign ordinance, until the next meeting. Tony Moreno seconded the motion. With a vote being called, the motion was approved. 5 . #8 Consider and Take Appropriate Action: Homes for a variance to the sign ordinance On a request from Plantation Steve Simonson stated that the city building official has prompted the request before the Commission this evening. He believes the builder must comply with City ordinances concerning the 75% build out of an established subdivision or five years, which ever comes sooner. However, due to a problem in the economy Greenshire shut down for approximately 6 to 7years, which met five-years could not be upheld. Steve Simonson stated that the city inspector believes the subdivision is at 75% build out, due to the number of building permits issued through the department. However, the builder believed otherwise, and has requested that the sign remain at its present location, stated Steve. . Gary Wallace informed the Commission that an officer of the Homeowners Association (HOA) had approached him, and had made it perfectly clear that the HOA is in favor of removing the sign. At this time, Ernie Evans asked if there was a representative present from Plantation Homes that would like to speak on this matter, and was advised no one was present. William Sommers stated that in his opinion if no one had taken the time to present their case to the Commission, there was no other alternative then to move to deny the request from Plantation Homes for a variance to the sign ordinance. Tony Moreno seconded the motion. With a vote being called, the motion was approved. #9 Consider and Take Appropriate Action: On a request from Jonas Wood Ltd. (Larry Aiken) for revision of Jonas Wood Subdivision approved final plat. . Steve Simonson stated that as he mentioned in his notes, this plat on Jonas Wood Subdivision has been approved. However, due to design characteristics in particular drainage areas, the developer believed it was best to submit the revisions. 6 . . . At this time, Mr. Simonson stated that he would let Mr. Aiken explain the changes and reasons for these revisions. Larry Aiken stated that the revisions to the drainage design would only affect the Village lots. Mr. Aiken stated that in the finalizing stage of the construction plans for the area, it was determined that the topography of the area would cause some the finished lots to "enjoy lots of mud" at the site of the unfinished streets. As a consequence it would become a constant maintenance problem, trying to keep the streets free of mud. For this reason, the construction of the phase lines would change in order to avert any problems during the construction stage. Mr. Aiken stated that basically the lot configuration stays the same. With further discussion, Gary Wallace moved to approve the request from Jonas Wood Ltd. (Larry Aiken) for revision of Jonas Wood Subdivision approved final plat. Tony Moreno seconded the motion. With a vote being called, the motion was approved. #10 Consider and Take Appropriate Action: On a request from Don McCrary Engineers for preliminary plat approval of Besch Subdivision Unit 1. Steve Simonson stated that in reviewing the plat note #3 would need to be changed to reflect the Besch Subdivision and not the Jonas Wood Subdivision. Other than that the plat has all the necessary information. Mr. Simonson also noted that all common areas are labeled and are the responsibility of the HOA. Mr. Simonson pointed out that he doesn't know exactly how the development will take shape taking into account that the school wants to purchase land within the subdivision. At this time, Mr. Simonson asked Mr. Aiken to explain what are the development plans and how the school district (SCUC ISD) would affect the development if the school district would purchase land within the subdivision. 7 . . Mr. Aiken stated that the first phase of the subdivision is outlined in yellow on the exhibit, which are in the R-5 section of the 55x11 O-foot area. Mr. Aiken explained that in working with Randy Dym, (subdivision to the north in Cibolo) he was unable on a timely complete the negotiations for one of the tie-in's that were original planned. In this event, there will only be tie-in. Mr. Aiken explained that the first phase with the tie-in in place would be able to tie-in into Wiederstein Road for the primary traffic generation. Mr. Aiken explained that he was approached by the school district requesting an elementary school site. In discussions with the district, Mr. Aiken advised them that there would possibly be some traffic issues with the city of Schertz, in regard to traffic generated by the school on Green Valley Road, because of the agreement on the upgrading on Green Valley Road. If traffic did became an issue and required the upgrading to a greater extend then it would be a deal killer. Mr. Aiken explained that his builder had no problem with the elementary school, and the loss of lots, and would leave it up to Mr. Aiken discretion, whether to allow the elementary school or not. Mr. Aiken explained to the school district that the development would accommodate the elementary school, however, that it would be up to the City of Schertz to decide, and issue a specific use permit allowing the school. At this time, Mr. Aiken stated that the school district is present to provide information as to what they would like to see as far in a site plan. Mr. Aiken also stated that he has hired a traffic engineer to do a Traffic Impact Analysis for Green Valley Road. The traffic impact analysis would be based on the traffic with and without the elementary school generated traffic. Ernie Evans asked if the Traffic Impact Analysis (TIA) report was available this evening and was advised it was not, however, the engineer is present. Mr. William Sommers asked that Mr. Aiken explained what was the agreement with the . city on the upgrade to Green Valley Road. 8 . . . Mr. Aiken stated that the upgrade to Green Valley Road would completely solve the two drainage way issues, with culverts, and building the road up which accommodate the 100-year flood plain. The road would also be resurfaced to 30' with open bar ditches. Mr. Aiken further explained that the construction would be done in phases along Green Valley Road, starting with the area toward FM3009, leaving the upper area open. Then move up and start on the drainage above this area, always leaving an egress and ingress open to FM3009. In addition, Mr. Aiken stated that they would like the upgrade construction to be actually completed at about the same time as the first phase. William Sommers voiced concern in regard to the construction of the road if the school were to be allowed. How was this going to affect the construction of the road and school? Mr. Sommers was advised that the school if allowed was not planned until the year 2003 and by then the development would well be into the third or fourth phase. David Stigall, TIA engineer explained that the residential subdivision would generate 350 trips during the morning peak hours without the elementary school. He explained that in the morning peak hours about % of the residents leaving and about 25% of this traffic returning back home. With the elementary school, the inbound trips would sufficiently increase, and the outbound trips would sufficiently decrease. Mr. Stigall, explained that an elementary school influences the traffic very little in the afternoon because there is very little inbound and outbound traffic in the subdivision, relative to the evening 4 to 6 peak hour. Mr. Stigall further stated that because the school will be relative small (500 students) the numerical impact isn't crushing, with or without the school. Mr. Aiken asked if the school would cause a significant impact on Green Valley Road to impact the efficiency of the proposed road improvements? Mr. Stigall expressed some concern to school traffic wanting to turn into the school; buses would need greater gaps to make the left turn into the school. Other than a left turn refuge at the schools primary entrance Mr. Stigall believes there isn't a significant need for any additional improvements necessary for Green Valley Road. 9 . William Sommers asked that would the school service only the subdivision or would the school also service neighbor subdivisions? David Fluker representing the school district stated that subdivisions, Besch and the Cibolo development would encompass approximately 648 homes. The school has been designed for 500 students of whom approximately 300 students would come from the immediate area (Besch) the rest of the students from the Cibolo development. Mr. Fluker stated that the school district would have to zone this area probably only for this area. The school would only district the area after the purchase of the property and not before, stated Mr. Fluker, and of course request the specific use permit from the city. Mr. Fluker explained that approximately 60% of students would come within the subdivision and 40% from the Cibolo development, and other subdivision. . William Sommers voiced concern with foot traffic along Green Valley Road and foot traffic crossing across Green Valley Road and was advised the area would have sidewalks. Ernie Evans asked that in respect to accommodating the school, would the entrances be widened? Mr. Aiken replied that both would be widened to 80' in order to accommodate the traffic. At this time, Mr. Stigall explained that a lot of the traffic would be internal trips and would not enter the adjacent street system. Larry Aiken stated that he believes that incorporating the school within the subdivision rather than frontage on Green Valley Road because of traffic concerns. At this time, Mr. Stigall explained what the numbers would be with the school. In the morning peak period from 7-9, the numbers calculate to 384 trips. Without the school the numbers calculate to 263 trips. The hours of 2-4 is the school let out, and numbers . calculate to 130 trips. The 4-6 period with the school, calculate to 315 trips, without the 10 . school, the numbers calculate to 355 trips. Mr. Stigall stated that the school doesn't influence traffic during the evening peak period, because the school isn't there. Ernie Evans asked that if the TIA report has taken into consideration the potential traffic generated on Green Valley Road by Randy Dym's development and was advised no. The TIA report only considered what the impact would be to the existing condition. Mr. Aiken explained that the entrance at the school would be restricted to one-way traffic and added that the area would be restricted to an elementary, and restricted from not being able to have curb cuts other then what has been planned. Mr. Aiken stated that all this information would be part of a written document. . Ernie Evans stated that there are issues to consider, the TIA report is not in a written format, however the request is preliminary. Ernie also stated that he doesn't have a problem with the request of adding the school, however mentioned that he believes there is some work that needs to be done between the school and the developer. Ernie reminded that Commission that one of the exits at the back of the subdivision (Randy Dym Subdivision) has been lost. Ernie also mentioned that only one entryway has been platted, showing an 85' ROW, we are to assume that both entrances that have illustrated would be at 85' ROW. Mr. Aiken stated that this issue would be platted with the school site, if and when a specific use permit was given. Gary Wallace commented that it was unfortunate to lose the secondary exit. Mr. Aiken stated he hasn't given up on Randy Dym and will keep trying. In brief discussion among the Commission, there was some concern voiced in regard to a left-hand turn onto the entrance to the school. The plat before the Commission this evening does not accommodate this issue. At this time, Mr. Aiken stated that this was the first time he was aware of the TIA . findings, and if Mr. Stigall recommends a turn lane, that's fine. Essentially, the 11 . . . development has the ROWand would accommodate a couple of 100' to widen the area before the entrance, widening the paving and strike it to three lanes instead of two, giving it a center turn lane. Mr. Simonson pointed out that if the school goes in the subdivision, the Commission would insist on the left-hand turn lane. Another issue to remember is that "there will be no new curb cuts on Green Valley Road (the south side of the road). There will three on the north side all in the Besch subdivision, added Mr. Simonson. Larry Aiken stated that he would like the Commission to take action on the preliminary plat this evening, and informed the Commission that if for some reason the school was not accepted, the development could amend portions if it were necessary to go back to lot development. At this time, Ernie Evans suggested that whatever agreements were reached between the developer and the school, that the Commission would like the agreement presented in writing so the Commission would be aware of these agreements. With no further discussion, Gary Wallace moved to approve the request from Don McCrary Engineers for preliminary plat approval of Besch Subdivision Unit 1. Tony Moreno seconded the motion. With a vote being called, the motion was approved. #11 Consider and Take Appropriate Action: On a request from K & L Properties for Site Plan Approval of Proposed Office Building on FM 1518. Steve Simonson stated that the property is located behind an existing church on FM1518, and part of the lot parallels to existing Nell Deane Street. Mr. Simonson stated that the property is zoned GB and this type of office building is authorized in this area. The site plan is indicating 4 Live Oak trees of 3" DBH, which is more than enough for the distance fronting the property. The site plan also indicates the type of fencing 12 . . . (wrought iron), also a note stating that there will be no dumpster, and no exterior sign except the sign on the building. The exterior lights will be on the corners of the building. Ernie Evans asked where will the wrought iron fencing be placed and was advised the fencing would be along the front of the building in front of the planting beds on FM1518. With no further discussion, Tony Moreno moved to approve the request from K & L Properties for Site Plan Approval of Proposed Office Building on FM 1518. William Sommers seconded the motion. With a vote being called, the motion was approved. #12 Consider and Take Appropriate Action: On a request from K & L Properties for Site Plan Approval of Proposed Office Building, Commercial Place Lot 22, Schertz Business Park. Steve Simonson stated that basically the site plan before the Commission is the same as the previous request. The same builder is putting in both of these office buildings. The same fencing (wrought iron) will be used along the front of the building on Commercial Place. The only thing missing is enough tree DBH for the amount of distance, other then that everything is correct. Mr. Simonson stated that the owners are present and would change the tree DBH to conform, changing the 2 trees of 2" DBH to 2 trees of 4" DBH. If the Commission would allow the owners to make the change and sign and date the change, the Commission could approve the request if they so desire. Gary Wallace asked if these building were spec buildings or were there tenants ready to move in, and was advised that there are tenants ready to move in at this time. With no further discussion, Tony Moreno moved to approve request from K & L Properties for Site Plan Approval of Proposed Office Building, Commercial Place Lot 22, Schertz Business Park with the correction of changing the 2" DBH to 4" DBH. Gary Wallace seconded the motion. With a vote being called, the motion was approved. 13 . . . #13 General Discussion: Steve Simonson: At this time, Mr. Simonson informed the Commission that Texas Shine Car Wash has requested a change to signage for their facility on FM3009. When the site plan was approved, it was approved with a monument sign, however they are requesting a pole type sign, which will be located in the same place. The sign does comply with the overlay ordinance, however Mr. Simonson stated that he needed some direction on how the Commission would like to handle the request? Because the request is authorized and really nothing is changing except the height of sign (monument or pole sign), would the Commission allow city staff to authorize the change or would the Commission want a formal request submitted. Mr. Simonson explained that the builder has decided that they want more visibility because of the tree line, drainage, 8' fencing, and the house, they believe the monument sign would be difficult to see. The Commission was in agreement that Mr. Simonson could approve the request as submitted by Texas Shine Car Wash to change the monument sign to the authorized pole sign. Tonv Moreno: Tony had no comments. Gary Wallace: Gary commented that he believes that if the Commission authorizes Ashley Place community sign, that every other subdivision will want the same thing. Gary also 14 commented that he believes that the area proposed for the Elementary school is good . for the area. William Sommers: William commented on Plantation Home and Reidel's signs that were placed out this weekend. Some of the signs were lying on the ground and some of these signs were still out on Monday. William was advised that because of the holiday on Monday, the signs weren't in violation. Ken Greenwald: Ken had no comments. #14 Adjournment: . David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion. The meeting adjourned at 9:15 p.m. I C ~-' I ..:J {0. ~l - )' Chairman, Planning & Zonir1Q Commission ATTEST: U .... i 1)/\(' , IZ /')11 C" r . 'v.' l1i ii' / ! 1/'711 ,,/,t')C/v'-'-~ ') I. ,- , i' / j' Planning 'Secretary, City of Schertz . 15