05-28-2002Planning and Zoning Minutes
May 28, 2002
The Schertz Planning and Zoning Commission convened in Public Hearing on May 28, 2002 at
7:OOpm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas.
PLANNING & ZONING COMMISSION
David Richmond, Chairman
Ernie Evans, Vice-Chair
Ken Greenwald, ex-officio
Gary Wallace
Keith Van Dine
Joyce Briscoe
William Sommers
Tony Moreno
COMMISSIONERS ABSENT
CITY STAFF
Ron Youngblood, City Planner
Misty Nichols, Recording Secretary
Leonard Truitt, Building Official
Ray Fuller, 3150 Abbey Rd.
William Armstrong, 7444 FM 482
Darrell Jenschke, 7413 FM 482
Lloyd Geier, 7410 FM482
Anthony Janschke, 7215 FM482
Harry Bauer, 502 Aero Ave.
Robert Brockman, 4505 Grand Forest Dr.
Richard Perez Jr., 7120 FM482
E.N. Crisler, 7122 FM482
John Simmonetta, 3524 Prairie Lane
Ronald Johnson, 2701 Poplar Grove
Hollis Wooldaridge, 7496 FM482
Marvin Rutkowski, 4733 Windy Ridge Trail
Troy & Rebecca Johnson, 220 Abbey Rd
OTHERS PRESENT
#1 Call to Order: Chairman Richmond called the meeting to order at 7:02pm.
#2 Approval of Minutes: There were none at this time.
#3 Status of Final Plats: There were none at this time.
#4 BOA Actions: The next Board of Adjustment meeting is scheduled for June 10
2002.
#5 Public Hearing: On a request from Don McCrary and Associates on the Sims-Jones
property for rezoning 6.871 acres of the Rafael Garza Survey No. 98, page 523-525 of the
Deed Records of Comal County from PD (Predevelopment District) to MHP (Mobile Home
Park). (ZC# 172-02).
Chairman Richmond thanked all the citizens present for coming. He then explained he was
interested in all comments, but requested speakers to make different points, not repeat earlier
comments. The Chairman then explained that once everyone is heard there will be no other
discussions on the matter.
Mr. Youngblood stated there were eight letters sent, seven were opposed and one was not
returned. He further stated he has provided in the packet minutes of February 12, which have
a proposal from Mr. Jones and Mr. Sims to subdivide this property for a mobile home park.
Chairman Richmond invited Mr. Jones to make a presentation. He and his partner, Mr. Sims,
purchased approximately 6.8 acres in the late 1980's, and they now believe it is time to get a
return on this investment. They propose a development of 6 one-acre lots for manufactured. or
modular homes to be sold as land-home packages. There will be a private road for lot access.
The property has no city sewer and is located near the M.K.T railroad rendering it undesirable
for site built homes. Mr. Jones stated they have had this property on the market for a
reasonable price, and all neighbors in the area have had an opportunity to purchase.
Mr. Jones stated this development would be built as any site-built home subdivision. Each lot
will have either an attached or detached garage, and will have concrete drives. The homes
are built to FHA standards, and are on the Internet for visual inspection.
Chairman Richmond then opened the floor to the citizens for comment.
Mr. Fuller, 315 Abbey Road, stated he would speak on behalf of the eight landowners who are
opposed to this rezoning. He then presented a speech to the Commissioners explaining how
important it is to the citizens this property does not become a mobile home community (see
Attachment #1).
Mr. Armstrong, 7444 FM482, located approximately 1200 feet south and upstream from the
property in question, explained the City required him to hire an engineering firm and
commission a hydrology study when building his home. He further stated the property in
question is at a lower level than his property sits (see statement at Attachment #2).
Mr. Jenschke lives at 7413 FM482, is a member of the Bracken Volunteer Fire Department,
and has had to rescue citizens in this area a number of times in the past few years.
#6 Close Public Hearing:
#7 Consider and take Appropriate Action: On a request from Marvin Rutkowski at
4733 Windy Ridge Trail, Forest Ridge Subdivision, for a special exception to the Zoning
Ordinance to encroach into the rear yard setback from 20' to 10' 9" to construct a patio cover.
(BOA# 173-02)
Mr. Youngblood stated the Homeowners Association has approved this request, no utilities are
affected and staff has no issues.
Mr. Evans asked if this enclosure is to be built over the entire slab; Mr. Rutkowski answered
yes.
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Mr. Moreno moved to forward this request to the Board of Adjustment recommending approval;
Ms. Briscoe seconded. The motion carried.
#8 Consider and Take Appropriate Action: On a request from Harry Bauer Jr. at
502 Aero Ave., Aviation Heights Subdivision, for a special exception to the Zoning Ordinance
for a second curb cut used to park an RV camper. (BOA # 174-02)
Mr. Youngblood stated that Aviation Heights has no homeowners association. Staff's concern
is safety and that neighbors will have to look at the camper every day. On the issue of using
more than 40% of your yard, Mr. Truitt explained Mr. Bauer could concrete his entire front yard
as long as it did not affect any easements.
Following lengthy discussion, Mr. Sommers moved to table the request so neighbors could
provide letters of opinion on the request; Mr. Van Dine seconded. The motion carried.
#9 Consider and Take Appropriate Action: On a request from Gary Shuck, 211
New Rock Creek, Ashley Place Subdivision, for a special exception to the Zoning Ordinance to
construct a wood deck from the house to the existing swimming pool. (BOA# 175-02)
Mr. Youngblood stated there are no utilities affected, there is a Homeowners Association letter
of approval, staff has no issues and recommends approval.
Mr. Evans asked how high this structure would be off the ground.
Mrs. Shuck stated the structure is approximately 4 feet high. Mr. Moreno moved to forward
this request to the Board of Adjustment recommending approval; Mr. Van Dine seconded. The
motion carried.
#10 Consider and Take Appropriate Action: On a request from Ronald Johnson,
2701 Poplar Grove Lane, Woodland Oaks Subdivision, for a special exception to the Zoning
Ordinance to encroach into the rear building setback from 10' to 7' to install an above ground
pool. (BOA# 176-02)
Mr. Youngblood stated there is a Homeowners Association letter of approval, staff has no
issues and recommends approval. Mr. Truitt explained this request is necessary because the
house is within the building setback.
Mr. Evans stated this should be a dual variance since the pool will be sitting in the rear yard
setback as well. Mr. Truitt explained that a variance is not required for an above ground pool
encroaching into the rear yard setback unless it affects utilities. Mr. Johnson stated that he
wants to place the pool in an area that is not so close to their neighbor's fence.
Mr. Moreno moved to forward this request to the Board of Adjustment recommending approval;
Mr. Van Dine seconded. The motion carried.
#11 Consider and Take Appropriate Action: On a request from John Simonetta,
3524 Prairie Lane, Carolina Crossing Subdivision, for a special exception to the Zoning
Ordinance to encroach into the side yard setback from 5' to 1', and rear yard setback from 20'
to 6' to construct a wood deck from the house to the existing pool. (BOA # 177-02)
Mr. Youngblood stated that staff recommends approval of the rear yard setback, and
disapproval of the side yard setback because of encroachment into an electric/cable
easement.
Mr. Moreno moved to forward this request to the Board of Adjustment recommending approval
of the rear yard setback, and disapproval of the side yard setback; Mr. Wallace seconded. The
motion carried.
#12 Consider and Take Appropriate Action: On a request from M & M Fairway
Homes, 3326 Charleston, Northcliffe Subdivision, for a second curb cut for a circle driveway.
(BOA # 178-02)
Mr. Youngblood stated staff considers this a safety issue and recommends disapproval.
The Commissioners agreed.
Mr. Moreno moved to forward this request to the Board of Adjustment recommending
disapproval; Ms. Briscoe seconded. The motion carried.
#13 Consider and Take Appropriate Action: On a request from WF Castella &
Associates for a Final Plat approval on Northcliffe II, Unit I. (PC# 519-02)
Mr. Youngblood stated that staff has no issues and recommends approval.
Mr. Evans noted that there are no non-access easements on several lots on the plat, among
them, on page one -Block 28 lot 1, Block 27 lot 46 & 1, and Block 26 lot 1.
Mr. Denham stated he is not aware of this requirement. Chairman Richmond stated this
ensures where the driveway will be on corner lots.
Mr. Van Dine moved to table this request until corrections are made; Mr. Sommers seconded.
The motion carried.
#14 Consider and Take Appropriate Action: On a request from Gilver Engineers for
a preliminary plat approval for Valvoline Quick Lube on Fm 3009. (PC# 520-02)
Mr. Youngblood stated staff has no issues and recommends approval.
In answer to Mr. Evans' question, Mr. Breeden stated there are no trees in the. utility
easements.
Mr. Wallace moved to approve the preliminary plat; Mr. Moreno seconded. The motion
carried.
#15 Consider and Take Appropriate Action: On a request from Gilver Engineers for
a site plan approval for Valvoline Quick Lube on Fm 3009. (PC#523-02)
Mr. Youngblood stated staff has no issues and recommends approval.
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The Commissioners and Mr. Breeden concluded that a curb cut will be necessary to ensure
proper access for this business. TxDOT must provide an approval letter for a curb cut on
FM3009.
Also, the site plan does not show all lighting on signs.
Mr. Sommers moved to table the request so Mr. Breeden can address the curb cut and sign
issues; Mr. Van Dine seconded. The motion carried.
#16 Consider and Take Appropriate Action: On a request from Billy Clasen with
Carter Burgess Engineers for a preliminary plat approval of Fairways at Scenic Hills Unit II.
(PC # 522-02)
Mr. Youngblood stated the staff has no issues and recommends approval.
The Commissioners voiced concern with the non-access easements on Columbia Block 1,
Lots 14, 16, 22, 28, 32, 33, 38. Also, there should be a lot illustration showing side yard
setbacks.
Ms. Briscoe moved to approve the preliminary plat; Mr. Moreno seconded. The motion carried.
#17 Consider and Take Appropriate Action: On a request from the Building Official
for a revised site plan approval of the Kowloon Restaurant. (PC# 480 A -01).
Mr. Truitt, Building Official, explained that it is necessary to change the front corner of the
property. The original landscaping plan calls for trees in this area. Unfortunately, existing
overhead and underground utilities won't allow for tall, large rooted trees. Mr. Truitt asked the
Commissioners to approve xeriscaping with palm trees.
Mr. Van Dine moved to approve the request; Mr. Wallace seconded. The motion carried.
#18. Consider and Take Appropriate Action: On a request from Don McCrary and
Associates on the Sims-Jones property for rezoning 6.871 acres of the Rafael Garza Survey
No. 98, page 523-525 of the Deed Records for Comal County from PD (Predevelopment
District) to MHP (Mobile Home Park). (ZC# 172-02)
Mr. Evans expressed concern about the request not meeting subdivision standards. Since the
intent is to subdivide the property and sell lots, the requested zoning could not be approved. A
Mobile Home Subdivision must have a minimum of 10 acres. Also, there is the question of
whether Green Valley Water has enough water pressure for the subdivision.
After the Commissioners' comments, Mr. McCrary withdrew the request.
#19 Citizens' Input Other than Agenda Items:
Mr. Brockman questioned whether the Commissioners were setting a precedent on agenda
item #8. Chairman Richmond explained that letters from both Homeowners Associations and
neighbors are routine depending on the request.
#20 Items by Commissioners and City Planner:
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Ron Youngblood, City Planner: We now have a current aerial map of our City taken
the same day the Playscape project began, March 13, 2002.
Ernie Evans: Asked if we could get packets approximately one week before meetings to allow
more review time. He also reminded everyone that our first meeting each month is for
Planning issues, and believes that too many decision requests are being considered out of
cycle.
Tony Moreno: None
Keith Van Dine: None
Gary Wallace: None
Joyce Briscoe: None
David Richmond: In response to Mr. Evans comment, stated he is to blame for bringing
decision requests to planning meetings out of cycle. He will do this only when he believes that
staff bears some blame for a developer not getting approval and requiring an additional
meeting. In these cases, reconsideration should require little time.
William Sommers: Asked if the air could be kept on during the meeting since the lights make
it extremely warm. Mr. Youngblood explained that he worked on minutes over the weekend,
and realized how difficult it is to transcribe a meeting with all the sound interference.
Leonard Truitt: Asked to review possible changes to tree mitigation at a future meeting.
#21 Adjournment: The meeting adjourned at 10:26pm.
Chairman, Planning and Zoning Commission
Attest:
Planning Secretary,. City of Schertz
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