08-10-1999 n/s
.
.
e
e
PLANNING & ZONING MINUTES
The Schertz Planning and Zoning Commission convened in Regular Session on
Tuesday August 10, 1999, 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
Ken Greenwald, ex-officio
Steve Simonson,
Asst. City Manager!
Planning Coordinator
Mary Ybarra,
Recording Secretary
Commissioners Absent
Others Present
George Maxfield
Keith Van Dine
Sam Bledsoe,
MBC Engineers, Inc.
Paul Denham,
W.F. Castilla Assoc.
Roman Plogga,
Halff Associates
Charles Plunkett,
13300 Old Blanco #290
#1 Call to Order:
Chairman Evans called the August 10, 1999 meeting to order.
#2
Regular session of June 27, 1999.
Approval of Minutes:
. Chairman Evans asked if there are any correction or additions to the minutes?
1
e
e
.
Joyce Briscoe pointed out that on page 3- last paragraph to add an "s" to the word "Mr."
to read "Mrs." Crenshaw.
With no further discussion, a motion was made by Tony Moreno and seconded by Gary
Wallace to approve the minutes of June 27, 1999 as amended. Upon a vote being
called, the motion was approved.
#3 Status of Final Plats:
There were none.
#4 BOA Actions:
The BOA has not met and there will no report.
.
#5 Citizen's Input Other Than Agenda Items:
There were none.
#6 Consider and Take Appropriate Action: Request from Barry & Barbara
Blackman, 308 Winburn for a Special Exception to the Zoning Ordinance to encroach 9'
into the 25' front yard setback for a room addition.
Steve Simonson reported that this is a straightforward request to encroach in the front
yard set with the addition as shown. The owners also stated that the addition would be
constructed of masonry block and glass. This area (Winburn) contains homes of
varying depths. Depths vary from the front of the street, however this particular request
would still leave 25' from the street curb.
Tony Moreno commented that the Mr. Blackman has done his homework in researching
the setback measurements of the surrounding properties, which makes his addition
conforming to the area. Tony Moreno asked that due to the extensive lighting, what
. activities would take place in the room addition? Mr. Blackman stated that the circular
2
e
-
.
room with the windows would be used as a reading room and as for the extensive
lighting, he as found that more light is needed the older you get.
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 on the request
from Barry & Barbara Blackman, 308 Winburn for a Special Exception to the Zoning
Ordinance to encroach 9' into the 25' front yard setback for a room addition. With a
vote being called, the motion was approved.
#7 Consider and Take Appropriate Action: Request from Joan Stevens,
1517 Red Cedar Cove for a Special Exception to the Zoning Ordinance to encroach 10'
into the 20' rear yard setback for construction of a deck and spa.
Steve Simonson stated that the deck and spa would encroach within 10' of the lot line
. and would not encroach into any utilities at the side yard or the back yard.
Ernie Evans asked if the deck would be attached to the house and was advised it would
be.
With no further discussion, a motion was made by David Richmond and seconded by
Joyce Briscoe to forward to the Board of Adjustment the request from Joan Stevens,
1517 Red Cedar Cove for a Special Exception to the Zoning Ordinance to encroach 10'
into the 20' rear yard setback for construction of a deck and spa.
Tony Moreno stated that before a vote is taken on the motion, he would like for the
motion to include that the request approval be conditionally upon the architectural
committee's review by the Homeowners Association (HOA). There are two issues that
should be addressed: 1). approval by the HOA; 2). building permit.
.
3
e
e
.
Steve Simonson stated that the letter from the HOA's committee is part of the packet
where it states that the variance has been approved conditionally upon receiving
~pproval from the Planning and Zoning Commission. As to the building permit, it is
standard procedure that no one can build without a building permit.
At this time, Tony Moreno withdrew his amendment to the motion.
Chairman Evans asked for any comments or discussion and stated that the motion still
stands with no amendment added. With a vote being called, the motion was approved.
#8 Consider and Take Appropriate Action: Request from Pulte Homes of
Texas, L.P. for Final Plat Approval of Arroyo Verde Unit 2.
Steve Simonson stated the correction has been made in regard to showing the
designation of lot 4, an island on Arroyo Del Sol and who would maintain it. The
. property owner is added; emergency exit is clearly labeled; drainage issue at the end of
the cul-de-sac that would have connected to Golden Oak in Oak Forest, and all
signatures have been placed.
Gary Wallace stated that he doesn't understand why the residents of Oak Forest object
to Golden Oak being a full-blown street. Have the residents or the Homeowners (HOA)
of the subdivision had the opportunity to address this issue? Steve Simonson stated
that the residents were adamant about the connection. Gary stated that he recalls,
however this decision was made before the residents were aware of the large
development behind Oak Forest. Steve stated that to this date, the city or city staff has
not received one phone call requesting any changes.
Gary Wallace stated that one day someone will realize how foolish it was not to have
Golden Oak connect. Gary asked if the residents have been contacted after these new
developments. Gary believes a mistake is being made.
.
4
e
e
.
Sam Bledsoe stated that he believes Mike Lancaster spoke to the residents sometime
ago after the preliminary plat approval however, he doesn't know the outcome.
Gary Wallace stated that he assumes one-day the next stoplight will be at Savannah
Drive, and believes the residents of Oak Forest will want to use the stop light. Without
the connection this will not be possible and reiterated that he believes this is a mistake.
Ernie Evans stated that as he recalls from the result of the pubic hearing and comments
from the residents, the connection is an open thoroughfare, not a gate. It is a 20-foot
wide street. Steve Simonson stated that he disagrees with Mr. Evans comment. The
gated was an emergency gate only. It was originally setup as an emergency exit
because the residents were adamant to having the connection to Golden Oak. To
satisfy the requirement of two entrances or a different way out for emergency purposes,
the decision was made on the master plan, for an emergency exit with a gate. The exit
to be used in cases of emergency only. Ernie Evans stated that if this is the case the
. emergency gate is not noted on the plat and would need to be placed stating the fact.
Steve stated that if the Commission requires a more definitive wording, such as
"secured with gate", it will have to be put of the plat as such. Steve Simonson stated
that he would talk to the residents of Oak Forest in regard to the connection of Golden
Oak to the Arroyo Verde Subdivision if the Commission requests.
Joyce Briscoe stated that it might be a very good idea if the residents were contacted.
Gary Wallace brought up a very good point in regard to a future light at Savannah Drive
and believes the residents are not fully aware of the ramifications in regard to the
development behind Oak Forest and other development in the surrounding area.
David Richmond stated that the appropriate thing to do is to contact the Homeowner's
Association (HOA) and call it to their attention.
Ernie Evans suggested that the request could be tabled, giving City staff the opportunity
. to contact the Oak Forest Homeowner's Association (HOA) and asking the president of
5
e
e
.
the HOA 's to take a polling of their residents. David Richmond also suggested that
Mike Lancaster be called and notified of the potential problems that could infringe on the
subdivision (Arroyo Verde). Ernie Evans suggested that based on the outcome from the
discussion, if the developer is going to place a breakaway gate (emergency gate) that it
be noted on the plat.
With no further discussion a motion was made by Gary Wallace and seconded by Tony
Moreno to table the request Pulte Homes of Texas, L. P. for Final Plat Approval of
Arroyo Verde Unit 2, pending discussion between the Oak Forest Homeowners
Association and City Staff regarding the possibility of Golden Oak becoming a
thoroughfare through Arroyo Verde. With a vote being called, the motion was approved.
#9 Consider and Take Appropriate Action: Request from Halff Associates,
Inc. for Final Vacate/Replat of Block 4, Unit 3, Tri-County Business & Industrial Park.
. Steve Simonson stated that following the last meeting there was some confusion in
regard to submittal of a single sheet plat, the plat has been submitted in two sheets
making it less confusing. Sheet one shows the proposed platting and sheet two shows
the platting as it exists. Sheet one clearly shows the electrical poles that are still
existing. A letter is enclosed as part of the packet stating that CPS is in the process of
vacating the area. A letter from Southwestern Bell stating the same was received today.
The final plat for recordation would have the poles removed.
Steve Simonson explained that action on the plat was not taken due confusion of a
single plat sheet and some confusion as to what was vacated and replatted. It has been
submitted in two sheets for this reason. Letters from CPS and Southwestern Bell were
not submitted at the last meeting, however, letters have been brought forward at this
meeting.
With no further discussion, a motion was made by Gary Wallace and seconded by Tony
. Moreno to approve the request Halff Associates, Inc. for Final Vacate/Replat of Block 4,
6
e
e
.
Unit 3, Tri-County Business & Industrial Park. With a vote being called, the motion was
approved.
#10 Consider and Take Appropriate Action: Request from Continental Homes
of Texas, L.P. for Preliminary Plat Approval of Carolina Crossing Unit 7.
Ernie Evans stated that this item was tabled July 27, 1999, and before it is discussed
would have to be taken off the table.
At this time a motion was made by Gary Wallace seconded by David Richmond to un-
table the request from Continental Homes of Texas, L.P. for Preliminary Plat approval of
Carolina Crossing Unit 7. With a vote being called, the motion was approved.
Steve Simonson stated that one item to be addressed was the large open space (Block
14, lot 41), that item has been added as item #11. However, it is missing a note stating
. who is responsible for the open space. The l' non-access easement is shown, carried
unto the portion of Lot 4 of Savannah Drive. The cul-de-sac at "Scarlet Rose" is showing
20' setback instead of 25' is the only other variation on this plat.
Gary Wallace asked if a variance request was submitted for the change and was
advised it had not. Ernie Evans explained that for record keeping purposes, it is a good
concept that if a variance is requested, it should be done formally for tracking purposes.
Steve Simonson stated that the plat is preliminary however, it could be made part of the
motion that a formal request for the variance plus any corrections are made before it is
brought as a final plat.
Ernie Evans mentioned that two issues that need to be addressed before final plat as
discussed are; the responsibility of the open space; justification of the setback from 25'
to 20' building setback.
.
7
e
e
.
David Richmond voiced concern as he has in the past to changing building setbacks at
cul-de-sacs. These lots are zoned R-6 (60x120) and some of lots in Blk. 13 are very
small lots and with a 20' building setback in my opinion are not suitable in an R-6
subdivision. He understands that developers have a difficult time with the layout of lots
and gives them credit on the fine job that is being done. However, someone will
purchase a lot with no yard and those are the residents that would come forward
requesting a variance from Board of Adjustment for a deck, etc.
Paul Denham representing Continental Homes stated that the 20' building setback was
a drafting error and that the building setback is 25' at the cul-de-sac.
With this new development there was no further discussion in regard to the building
setback.
At this time, a motion was made by Gary Wallace seconded by Tony Moreno to approve
. the request from Continental Homes of Texas, L.P. for Preliminary Plat Approval of
Carolina Crossing Unit 7. With a vote being called, the motion was approved.
#11 Consider and Take Appropriate Action: Request from MBC Engineers for
Preliminary Plat approval of A-AAA Mini Storage Subdivision, Tri-County Business &
Industrial Park.
Steve Simonson stated that the request is a combination of lots. The plat is combining a
remaining portion of lot 1, with a portion of lot 2, making it Block 2, lot 11. Flood plain
information is incorrect. The CPS statement and surrounding property owners are listed
however it is missing two other property owners, Jack-In-Box and the Atrium. A letter on
record has abandoned the 16' utility easement and this is the reason it is not shown on
the plat.
With no further discussion, a motion was made by David Richmond seconded by Tony
. Moreno to approve the request from MBC Engineers for Preliminary Plat approval of A-
8
.
.
.
e
e
AAA Mini Storage Subdivision, Tri-County Business & Industrial Park. With a vote being
called, the motion was approved.
#12 Consider and Take Appropriate Action: Request from MBC Engineers
for Site Plan Approval of A-AAA Storage, Tri-County Business & Industrial Park.
Steve Simonson stated that a letter has bee provided stating there is no problem with
changing the request from a 60' sign to a 50' sign. Dimensions have been provided for
the office and living quarters that were not on the original site plan. The tree affidavit
has been provided. The site plan shows the two signs projected. The lighting and
landscape information are shown along with the trees placed along Triton Blvd. at the
50' intervals.
Ernie Evans stated that the two sign request is outside the authorization for this area.
One freestanding sign is authorized for this area.
Charles Plunkett representing the request presented photographs of the proposed
facility. He explained the photographs are a prototype of the facility that was constructed
last year in San Antonio. This particular facility design won the "Facility of the Year" for
the entire industry. He explained that it is a first class facility, lighting is not obtrusive to
the surroundings, landscaping is upgraded, if a one gallon is standard, a five gallon is
used etc. The landscape zones would be heavily landscaped with a combination of
plants. The inside of the facility is first class also, like going to a country club. The
reason for the two sign request is that the first sign on the northeast corner is primarily
for Interstate traffic, sign on northwest is for traffic coming from the residential area of
FM 3009.
David Richmond asked if there could be any consideration to using the tall sign at the
small sign location and go with one sign?
9
.
.
.
e
e
Charles Plunkett stated that if they had a choice the sign closer to the office would be
omitted. It was explained the facility is a prototype of last year project and that at the
present time the facilities are being up graded. The sign design has changed and all the
facilities will change to the new design. The remodeled version of the prototype, (Key
Logo) lets you know, "who we are" and "separates us from the rest of the pack" (storage
facilities). It was suggested that the sign could be lowered, however, they would like to
attract business off the Interstate. In order to do so, the signage has to be visible, similar
to a motel business. David Richmond asked how significant is it to attract business off
the Interstate, he believes the storage facility would attract more business from the
residential areas along FM 3009. It was mentioned that a marketing study was
conducted and it was found that tenants are captured from a 3 to 5 mile radius. The
facility would attract customers from 1604, IH 35 corridor. The facility plans to capture
not just the City of Schertz market but the surrounding area as well. Which would justify
the signage on the Interstate. The sign that is proposed at the front of the building is a
12' sign.
Ernie Evans questioned the living quarters on the site plan and should it require an
additional request, because of residential on a commercial piece of property. Steve
Simonson stated that the request to be allowed to have living quarters on the premises
are part of the packet. Steve stated that a Special Exception to the Zoning Ordinance
would be needed and have it forwarded to the Board of Adjustment for consideration.
Ernie Evans that the site plans approval would be contingent upon the approval by the
Board of Adjustment of the Special Exception to the Zoning Ordinance. If approval
were not given the request would have to be brought back to the Planning & Zoning
Commission for consideration.
Gary Wallace asked if a variance is needed for the request for two signs and was
advised that approval could be made for the two signs as part of motion if approval is
given or a separate document would be need to be submitted.
10
e
e
.
With no further discussion a motion was made by Gary Wallace to approve the request
from MBC Engineers for Site Plan Approval of A-AAA Storage, Tri-County Business &
Industrial Park contingent upon Board of Adjustment approval of a special exception to
allow living quarters in a commercially zoned area and to include a variance to allow two
signs. One sign to be 50' instead of 60'.
Ernie Evans asked for a second for the motion on the table, with no seconds the motion
is dead. At this point discussion resumed.
Charles Plunkett mentioned that in discussion with city staff for the two sign request, it
was discussed that once the building is built, it could be that a second sign is not
needed. However, until that time we would not know that the building would provide
enough visibility. At that time, the second sign would not be needed.
David Richmond asked if the developer would be agreeable to "one sign" to start with
. and deal with the second sign issue at a later date, if a second sign would be needed.
At this time, Charles Plunkett withdrew their request for the second sign at the front of
the facility, and if a second sign were needed in the future a request would be made.
Charles Plunkett asked would it be possible to approve the site plan with the Planning
Commission for the living quarters without going to the Board of Adjustment? Ernie
Evans stated that was not possible. This issue would need to be considered by the
Board of Adjustment. Mr. Plunkett stated that it is very important to know that they
would be able to build the facility and was anticipating getting approval for their facility.
Gary Wallace commented that the Planning & Zoning Commission could give them an
inclination that the Commission would recommend approval to the Board.
Charles Plunkett asked if the site plan could be approved with a notation that the
second sign would be withdrawn would really help them along with their project.
. However, this decision would be up to the Commission.
11
e
e
.
Steve Simonson stated that minor revisions have been acceptable and approved by the
Commission when these revisions were minor. The Commission would be provided
copies of the corrected site plan as well as the Inspection Department.
At this time, a motion was made by Tony Moreno seconded by Gary Wallace to approve
the request from MBC Engineers for Site Plan Approval of A-AAA Storage, Tri-County
Business & Industrial Park contingent upon submission of corrected site plan showing
the correct height of sign, elimination of sign and submission of a Special Exception to
Zoning Ordinance that it is approved by the Board of Adjustment. With a vote being
called, the motion was approved.
#13 Consider and Make Recommendation: Request from Kaufman & Broad
Lone Star, L.P. to rezone 26.48 acre tract from R-2 (Single Family 70x120 lots) to R-6
(Single Family 60x120 lots).
. Steve Simonson stated that he is requesting the Commission table the request due to
receiving a call from Kaufman & Broad to pull this item from the agenda. Kaufman &
Broad stated they would forward a letter however, city staff did not receive this letter.
For this reason, we are asking this item be tabled, until we receive this letter or they
inform city staff to move forward with this request.
At this time, a motion was made by Gary Wallace and seconded by Joyce Briscoe to
table the request from Kaufman & Broad Lone Star, L.P. to rezone 26.48 acre tract from
R-2 (Single Family 70x120 lots) to R-6 (Single Family 60x120 lots). With a vote being
called, the motion was approved.
#14 General Discussion:
Tonv Moreno:
. Tony had no comments.
12
e
e
.
Gary Wallace:
Gary Wallace commented that it is up to City staff to identify and work with the agency
to correct. He believes we are leaving ourselves open for criticism.
Ernie Evans stated that prior to the motion it should be made clear as to the corrections
needed. The Commission should help as much as possible to make clear the items that
need corrected in discussion prior to making a motion.
Jovce Briscoe:
Had no comments.
.
Ken Greenwald:
Ken mentioned all the empty spaces on FM 78. Buildings are coming down. As of this
date approximately $450,000 has been spent. All property has been bought. The
contract has been let to "Capital" out of Austin.
David Richmond:
David mentioned that Cibolo was getting a lot of press in regard to the new housing
development of 350 homes.
Steve Simonson:
Steve mentioned that Jim Wolverton received the Commissions letter in regard to
. concerns the Commission had to Green Valley Road and Wiederstein Road.
13
.
.
.
e
e
Steve mentioned discussion on a car dealership and mini storage facilities are in the
works. The dealership would consist of a 19 1/2-acre tract in IH 35. Steve also
mentioned that HEB pad sites are full.
Steve explained the example on the Tree mitigation and asked if the Commission had
suggestions to the document. Steve mentioned that this document would be provided
with the site plan application, which would help developers get a full understanding of
the tree preservation/removal application. The Commission was satisfied with the
document and no changes were made.
#15 Adjournment:
David Richmond moved to adjourn the meeting. Tony Moreno seconded the motion.
The meeting adjourned at 9:15 p.m.
Chairman, Planning & Zoning Commission
ATTEST:
Planning Secretary, City of Schertz
14