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11-28-2000 . . . PLANNING & ZONING MINUTES November 28, 2000 The Schertz Planning and Zoning Commission convened in Regular Session on Tuesday November 28, 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 David Richmond, Chairman Ernie Evans, Vice Chairman Keith Van Dine, Secretary Gary Wallace Tony Moreno William Sommers Joyce Briscoe Ken Greenwald, ex-officio Steve Simonson, Interim City Manager, Planning Coordinator Mary Ybarra, Planning & Recording Secretary COMMISSIONERS ABSENT OTHERS PRESENT Danny Tackett, Highland Homes Louis Tsakiris, Rezoning Issue Mark Roberts, Roberts Subd. Sam Bledsoe, MBC Engineers Richard Reiss, 48 Grandburg Cr. McFadden, 498 Covered Bridge Maureen Goodrich, 733 Twin Branch Mike J. Claypool, 435 Arch Sluff Don & Charli Kiley, 1228 Dove Mdws. William B. Travis, 219 Switch Ole #1 Call to Order: Chairman Richmond called the meeting of November 28, 2000 to order. 1 . . . #2 Approval of Minutes: Minutes of September 12, 2000. The minutes of November 14,2000 were not published. At this time, David Richmond asked for additions or corrections to the minutes of September 12, 2000. With none voiced, Tony Moreno moved to approve the minutes of September 12, 2000 as written. Keith Van Dine seconded the motion. With a vote being called, the vote was as follows: Ayes: Tony Moreno, Gary Wallace, David Richmond, Keith Van Dine and William Sommers. Abstention: Joyce Briscoe (not present at said meeting). Motion carries. #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: None #6 Consider and Make Recommendation: On a request from Ashley Place Subdivision Homeowners Association (HOA) for a variance to the portable sign ordinance. David Richmond stated that the variance request had been tabled at the October 10, 2000 meeting and it's necessary to untable the issue for discussion. However, David reminded everyone that this item was on the agenda October 26, 2000, at which time a request from Ashley Place was received, where it stated that they would like to cancel 2 . . . their request. David added that because of this, the Commission has not formally taken action on this request, and added that during discussion at the last meeting it was mentioned that the portable sign was still up. From this discussion, the Commission asked that the request be placed on the agenda so formal action may be taken. With no further discussion, Joyce Briscoe moved to untable the request from Ashley Place HOA. Keith Van Dine seconded the motion. With a vote being called, the motion was approved. Gary Wallace stated that the reason the variance request was tabled was because not everyone was present and a unanimous vote was needed. William Sommers asked if the Ashley HOA was notified of the meeting this evening? The recording secretary advised Mr. Williams that they had. David Richmond stated that he believes that Ashley Place HOA should be formally notified that their initial request for a variance to portable sign ordinance was considered at tonight's meeting (November 14, 2000). David added that he believes that some response is necessary on behalf of the Commission. In brief discussion, it was determined that the sign is illegal and that the Homeowners may be cited if the sign is not removed. Mr. Simonson added that the homeowners would first receive a warning; sign not in compliance with the ordinance. If the sign were not removed a citation may be given. Tony Moreno added that as of today the sign is no longer out on the property. David Richmond explained that the Commission having tabled this issue has brought the item back on the table for discussion. David also mentioned that as of today, no request has been received to cancel the item from the agenda, with this in mind it is necessary that the Commission act on this request. 3 . . . With no further discussion, Keith Van Dine moved to disapprove the request from Ashley Place Subdivision Homeowners Association (HOA) for a variance to the portable sign ordinance and that city staff provide a letter notifying Ashley Place HOA. William Sommers seconded the motion. With a vote being called, the motion was approved. #7 Consider and Make Recommendation: On a request from Highland Homes, Inc. for a special exception to the zoning ordinance at 498 Cedar Bridge, lot 50 blk. 24, Woodbridge Subdivision to encroach 6' into the 50 foot rear yard building setback. Steve Simonson stated that this request is another home that is on the 50' building setback along Schertz Parkway. As you can tell the home is on a cul-de-sac lot and as you can tell a small corner of the home encroaches into the 50' building setback. Steve Simonson added that there are no utility easements that would be affected by the encroachment. In brief discussion, there were several issues of concern such as flat work, side yard setback and could the house be moved over placing the house out of the 50' building setback. Mr. Simonson stated that if the house were moved, encroachment would be into the side yard and the requirement is to stay at least 5' from the side yard. This would eliminate encroaching into drainage issues. With no further discussion, Gary Wallace moved to forward the request Highland Homes, Inc. for a special exception to the zoning ordinance at 498 Cedar Bridge, lot 50 blk. 24, Woodbridge Subdivision to encroach 6' into the 50 foot rear yard building setback to the Board of Adjustment recommending approval. Tony Moreno seconded the motion. With a vote being called, the motion was approved. 4 . #8 Consider and Take Appropriate Action: On a request from MBC Engineers for final plat approval of Forest Ridge Subdivision Unit 4. Steve Simonson stated that the information (property owners) that was requested has been placed on the plat. Steve Simonson mentioned that the plat had been held up since 1999 due to some drainage issues that have been worked out. Steve added that the plat before the Commission has all the necessary information required. With no further discussion, Tony Moreno moved to approve the request from MBC Engineers for final plat approval of Forest Ridge Subdivision Unit 4. Joyce Briscoe seconded the motion. With a vote being called, the motion was approved. #9 Consider and Take Appropriate Action: On a request from Don McCrary & Associates for final plat approval of Wynn Brook Subdivision Unit 1, Green Valley Road. . Steve Simonson stated that certain required items such as property owners, signatures, 100-year flood plain, 1'non-access easement, 15' ROW dedication, and Homeowners Association have been added to the plat. Steve added that one thing that was discussed with Mr. Aiken was that the street entrance did not have a name. Mr. Simonson stated that Mr. Aiken has requested no name for the entrance due to the subdivision sign being placed at the entrance and no addressing would be needed at the entrance. With no further discussion, Keith Van Dine moved to approve the request from Don McCrary & Associates for final plat approval of Wynn Brook Subdivision Unit 1, Green Valley Road. Gary Wallace seconded the motion. With a vote being called, the motion was approved. At this time, Mr. Aiken asked that he would like to address the Commission on two . issues; Specific Use Permit request from the school district regarding a school site 5 . . . within Wynn Brook subdivision; School district has requested a negotiation on a possible second site. Mr. Aiken stated that unfortunately the second site is heavily forested. Mr. Aiken stated that with this in mind, he would like to receive some clarification; is a specific use permit request for an elementary school treated as a commercial site under the city's tree ordinance? Mr. Aiken informed the Commission that the property in question is the 34 acres owned by Mr. Biegert, property is between the Ashley Subdivision entrance and Carolina Crossing Subdivision. Mr. Aiken added that the school would like to use the front 10-% acres for the school site, and unfortunately this area is heavily treed. In conclusion, Mr. Aiken asked for some input from the Commission on these issues. David Richmond stated that the Commission has adopted the tree ordinance because the city doesn't have many more heavily treed areas left, and those that are left the Commission is desperately trying to protect. This is the reason for the tree ordinance; closely guarding it and enforcing it. At this time, Mr. Aiken stated that he would be meeting with the school district representative and stated that he would convey the Commission feelings. Mr. Aiken added that he would do everything possible to stir up a different site. Mr. Aiken stated that the other issue he would like to discuss with the Commission has to do with signage with the Wynn Brook Subdivision. Mr. Aiken asked that he would like to place a development sign at the corner of Green Valley Road and FM3009; how does the Commission feel about this? Would the Commission consider it, if not so be it. Gary Wallace asked how many developmental signs would be placed? Mr. Aiken replied one sign, and added that if he can get approval on the sign on FM3009, he believes the entry monumentation can carry the traffic into the subdivision. Mr. Aiken stated that the development sign out on FM3009 would be done professionally, weathering well and lighted. The sign would be taken down at the end of five years, added Mr. Aiken. 6 . . . David Richmond stated that obviously the Commission would approve one development sign per development and believes that the sign would not encroach into the surrounding areas. David added that if the sign requirements were followed he believes the Commission wouldn't have a problem considering such a request. Mr. Aiken thanked the Commission for their consideration and input. #10 Consider and Take Appropriate Action: On a request from Mark Roberts for final plat approval of Mark Roberts Subdivision, Borgfeld Road. Steve Simonson informed the Commission that the issue of the topo lines that shown on the plat has been addressed. Mr. Simonson stated that the engineering firm has assured that the topo lines stop at this point, the area is flat from that point, and added that all requirements are placed. With no further discussion, Gary Wallace moved to approve the request from Mark Roberts for final plat approval of Mark Roberts Subdivision, Borgfeld Road. Keith Van Dine seconded the motion. With a vote being called, the motion was approved. #11 Consider and Take Appropriate Action: On a request from Mark Roberts for Site plan approval of Auto Collision Works, Borgfeld Road. Steve Simonson stated that several issues have been addressed; 8' privacy fence placed, chain link fence, DBH of trees corrected, building is labeled, hand i-cap parking, double driveways, and sign definition, all issues addressed. With no further discussion, Tony Moreno moved to approve the request from Mark Roberts for Site plan approval of Auto Collision Works, Borgfeld Road. Keith Van Dine seconded the motion. With a vote being called, the motion was approved. 7 . . . #12 Consider and Take Appropriate Action: On request from Leroy & Dorthlin R. Wilson for preliminary plat approval of Wilson's Acres Unit 1. Steve Simonson stated that the request is straightforward with all required information placed. With no further discussion, Keith Van Dine moved to approve the request from Leroy & Dorthlin R. Wilson for preliminary plat approval of Wilson's Acres Unit 1. Tony Moreno seconded the motion. With a vote being called, the motion was approved. #13 General Discussion: Tonv Moreno: Tony had no comments. Keith Van Dine: Keith had no comments. Gary Wallace: Gary asked how was the City going to apply (tree ordinance) the request from the school district for the specific use permit, in regard of the requirement of trees every 50 feet? Steve Simonson explained that the school district has been advised that they would have to follow the necessary city requirements and was advised that the school could not be treated as a residential unit. Mr. Simonson further explained that if the unit could not be treated as a residential unit, it must be treated as commercial unit. The way the city ordinance reads; if a case can not be made as a residential unit, it must fall under a commercial unit. 8 . . . Gary Wallace asked for clarification on the distribution of tree mitigation fees paid to the city. These funds are to the used for public buildings, would the school district fall under public buildings? Steve Simonson explained that public buildings met city pubic buildings, parks, city streets (Schertz Parkway), etc. Gary Wallace asked that if the city would be caught in litigation (court) over the 34 acres (Biegert Property) at the end of Savannah Drive? Steve Simonson replied no, because so far the city has not denied anyone "Use". Steve explained that the city has turned down one developer, only because they would not extend the road (Savannah Drive). Debbie Perrone: Debbie property owner in Dove Meadows asked that when the Auto Collision facility is constructed on Borgfeld Road, does the city have plans to upgrade Borgfeld Road? Debbie spoke of the drainage problem along Borgfeld Road and that the construction of the Auto Collision building would block the natural flow through Dove Meadows. Steve Simonson advised that there is no plan in the city's master road plan to upgrade the road at this time, other than patching the road when necessary. Steve further added that part of the problem is cost, the short distance from FM3009 to the Schertz city limits would cost $500,000 thousand dollars. The majority of this cost is "under ground storm sewer". Steve Simonson explained that the city one day will have to make a decision; during capital improvements, budgeting, or bonding for the road. The city does not have ready cash to upgrade the road. Joyce Briscoe: Joyce had no comments. William Sommers: William informed the Commission of the death of Henry B. Gonzales. 9 . Ken Greenwald: Ken reiterated Johnny Bierschwale comments in regard to talking to any homeowner or property owner of water rates; be prepared water rates are going to increase. Increasing possibly double to the existing rate. Ken mentioned the food handler inspections that are done throughout the city and advised results of inspection and re-inspection of establishments are published in the city's newsletter. Ken also mentioned that Gary Davis is handling the food handlers State Certified course. . Steve Simonson: Steve informed the Commission that Friday is the Xmas tree lighting ceremony in front of the Municipal building. Things will get started at 6 p.m. Steve informed the Commission that the volunteers have done a wonderful job, they have a surprise this year, there will be snow for everyone enjoyment. The prizes are bigger and better and the city's homeowners association participation. Steve also reported on Johnny Woodward, his planned bone marrow procedure has been postponed. He seems to be doing well and is still in isolation. . Steve reported that GVEC has requested a GVEC signature block in order to sign off on final plats. Steve stated that he would inform the engineering firms of the new procedure and added that it would be the developer responsibility to have the signature block signed by GVEC. Steve added that this request comes after the findings of a utility easement on the Penshorn Dental clinic plat. It seems that there was an agreement with a developer (Woodland Oaks Unit 10) and GVEC, however the developer failed to record the easement, thus no easement was shown on the Penshorn plat. Steve added that the easement is along Dimrock and it so happens that our site plans requires to plant trees along Dimrock, this can't be done. Steve also added he and GVEC have spent some time trying to come up with something compatible, there must be some type of landscaping along Dimrock, no trees but some type of landscape that could be 10 . . . removed and placed back without damage. There will be trees placed along FM 3009 however. Steve brought up another concern that has been brought up by the city engineering firm and the city's public works department; a concern that final plat are being signed off before construction plans have been approved. In the past the city has worked with engineers in regard to final plat approval; where if a plat were approved and construction plans were not, the recordation of the plat would not be done until such time that construction plans were approved. Public works, city engineer and city staff will be discussing these issues, if this concern is warranted there will be a much longer lag period (some projects i.e. residential development) between final plat approval. David Richmond: David commented that there hasn't been much activity on FM 78. Ken Greenwald advised that the contractors have been doing a lot of drainage work on the south side of FM78 toward Universal City. David asked what is the status on signage along the railroad ROW? David mentioned that the issue had been discussed at a City Council workshop several months ago, where he believes the Mayor asked the city attorney to look into the issue. David believes the issue just seemed to die, and would like to know if any further decisions have been made. Ken Greenwald commented that it the issue didn't die, as other priorities came about. Ken mentioned that the internal staff has been very busy and unfortunately not discussing sign ordinance. Ken stated that the issue won't be forgot and assures the Commission that the issue would be back on the discussion table. David asked if the city had an idea when GVEC would convert from using electrical wires instead on electrical bars? He believes GVEC is far behind the electrical system. #14 Adjournment: 11 . . . Keith Van Dine moved to adjourn the meeting. William Sommers seconded the motion. The meeting adjourned at 8:30 p.m. , \ () 1 ! q ~/1J!JV'~ ;',jkv~.JJ Chairman, Planning & Zoning Commission ATTEST: " 1";/) ./ / /1 I,',~ '" / 1/,' </'/' ii ,,:' il // i ,1//0' {' l/'l. ,d," I. . / // _<l Planning Secretary, City of Schertz 12