Loading...
07-23-1985 PLANNING AND ZONING MINUTES The City of Schertz Planning and Zoning Commission convened in a regular session on Tuesday, July 23, 1985 in the Municipal Complex Conference Room, 1400 Live Oak Road. Members present were as follows: PLANNING AND ZONING COMMISSION CITY STAFF BOB ANDREWS, VICE-CHAIRMAN EARL HARTZOG, PLANNING COORDINATOR DARWIN PEEK, SECRETARY NORMA ALTHOUSE, RECORDING SECRETARY MERWIN WILLMAN JAMES HARDEN OTHERS PRESENT TY BRISGILL DAVID ALLEN RAY STANHOPE, COUNCILMAN KEN GREENWALD, COUNCILMAN DON MCCRARY, HENRY BAIN ENGINEERS C.P. VAUGHAN MEMBERS ABSENT JOHN GALLAGHER DON RYDEN, LARRY THOMAS COMPANY TOM YARLING, CHAIRMAN STEVE MEDLIN, U.C. CONSTRUCTION BOB ERVIN, U.C. CONSTRUCTION F.R. PAINE, SCHERTZ BIKE SHOP ROB SULT, CROW DEVELOPMENT WENDELL DAVIS, MORTON SOUTHWEST #1 CALL TO ORDER Vice-Chairman Bob Andrews called the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: A. Regular Session June 25, 1985 Merwin Willman made a motion to approve the minutes. David Allen seconded the motion and the vote was unanimous in favor. B. Joint Public Hearing and Special Session July 2, 1985 Merwin Willman made a motion to approve the minutes. David Allen seconded the motion and the vote was unanimous in favor. #3 CONSIDER AND MAKE RECOMMENDATION: Rezoning request Morton Southwest Company between Horseshoe Oaks and Savannah Square on west side of FM 3009. Earl Hartzog advised the Commission that the. layout and application for a petition were in their package. Wendell Davis, representing Morton Southwest, presented a, brief summation of the proposed development. He stated that the area was 105 acres, approximately 530 lots, with a gross density of 5 per acre. He also stated that the minimum lot for a single-family residential dwelling would be 50' x 110', 5500 square feet. Mr. Davis said they would liketo establish two non-access easements. Darwin Peek asked if there was any common area and Mr. Davis replied not at this time. James Harden recommended. two entrances. Mr Davis commented that Morton Southwest is considering Green Valley Road as the. prime entrance. James Harden asked if Morton Southwest owns the strip behind Autumn Winds. Mr. Davis replied that they do. Darwin Peek asked whose going to build the road. Mr. Davis replied that Morton Southwest would be glad to cooperate with several other property owners in the area in the. building of the road. There was a brief discussion on this matter by the Commission members. Merwin Willman .made a motion to recommend to City Council a public hearing on the rezoning request by Morton Southwest Company between Horseshoe Oaks and Savannah Square on west side of FM 3009. Darwin Peek seconded the motion and the vote was unanimous in favor. #4 PUBLIC HEARING To receive input from the public on a vacating and replate of Lot 1, Block 1, Horseshoe Oaks .Unit I (known as Woodland Oaks Subdivision). Vice-Chairman Andrews oped the public hearing at 7:24 P.M. Vice-Chairman Andrews informed the Commission that the proposed layout was in their package and that the ultimate proposal was fora Lone Star Ice House. Earl Hartzog advised the Commission that the public hearing was required by Vernon Statute. All property owners had been properly notified by letter. He also advised that the developer has a tract of 150' x 150'. John Gallagher, 1129 Mossy Lane, Woodland Oaks, asked if there would be an entrance from the lot onto Woodland Oaks Drive. Vice-Chairman Andrews replied that yes there would be. Mr. Gallagher said he was against the proposal i.f there was an entrance onto Woodland Oaks Drive, not the Ice House, just the entrance. After a brief discussion, and no one else wished to speak, Vice-Chairman Andrews closed the public hearing at 7:30 P.M. #5 CONSIDER AND TAKE APPROPRIATE ACTION: Final Plat Horseshoe Oaks Unit I, Lot 1, Block l vacate-and .replate. Earl Hartzog advised the Commission that all work will be done on the building site. He said the Staff had reviewed part of .the Overlay, District and recommended - .the following: (1) 12' utility easement be used by owner of Lot 42, for sewer service, at his own expense, and (2) no cut on Woodland Oaks Drive. Ty Brisgill stated that there is already a driveway off FM 3009 not shown on the layout. Earl Hartzog commented that no permits for the driveway had been issued. Mr. Hartzog also stated that eventually, as Morton Southwest develops, something will be worked out. David Allen questioned the safety of a cut on the :island and asked how the City felt about it. Earl Hartzog replied that the City felt a cut would eventually be necessary. Ty Brisgill expressed concern on the slope from the utility lines onto Woodland Oaks Drive and Vice-Chairman Andrews expressed concern over whether a 20' safety lane was adequate enough for safety. Merwin Willman questioned as to whether an acceleration/deceleration lane will be put in. Earl Hartzog said it was unknown at this time. Mr. Willman commented -that if it cannot be put in at the-time of planning, there should be some way of doing it later.. Earl Hartzog said he would check with the Highway Department. There was discussion on the need for an acceleration/deceleration. lane and about whose responsibility it is for putting one in. Merwin Willman made a motion to table action on Final Plat Horseshoe Oaks Unit I, Lot 1, Block 1 vacate and replate until a decision is arrived at on acceleration/ deceleration lanes in the Special Overlay District. James Harden seconded the motion and the vote was unanimous in favor. #6 CONSIDER AND MAKE RECOMMENDATION: Special Exception to minimum lot size at 203 and 205 First Street. Vice-Chairman Andrews advised the Commission that the request from Mr. Forrest Paine was in their package. Merwin Willman questioned whether the request should; be a special exception or a variance. Earl Hartzog replied that there is no provision in the Zoning Ordinance for a variance. Mr. Forrest Paine, representing the Schertz Bike Hospital, gave a brief summation of his proposal. Mr. Paine said he proposes a metal building with either rock or brick front. It will be 30' wide x 60' deep with a 25' setback. There will be five feet between his building and the Church's Fried Chicken lot, and the front will be on First Street. Vice-Chairman Andrews questioned where the property would be with the expansion of FM 78. Earl Hartzog replied it would be out of the district's needed right-of-way and there was no proposed expansion of FM 78. Earl .Hartzog told Mr. Paine that the Staff had suggested he might front of the building on FM 78. Mr. Paine said that would presen Darwin Peek made a motion to recommend approval of special except size at 203 and.205~First Street to the Board of Adjustment. Dav~ the motion and the vote was unanimous in favor. #7 CONSIDER AND TAKE APPROPRIATE ACTION: Final Plat Silvertree Park Subdivision Unit I Vice-Chairman Andrews advised the Commission that the layout was ii Earl Hartzog advised the Commission that_the items identified in his letter to -Don McCrary dated July 17, T985 had been completed with the exception of those listed in a letter of request from Mr. McCrary to the Planning and Zoning Com- mission. Also, the drainage channel would have to be completed before acceptance. Mr. McCrary's letter of request contained the following: 1. Allow underground electric lines to be placed on the front of lots in lieu of rear of lots. Earl Hartzog advised the Staff had no objections as long as they. are clearly marked. 2. Allow the .first phase of development to be constructed without looped water main, as the future: phases of development by both Vaughan Homes and CDR Develop- ment will provide a looped water system. Earl Hartzog advised the City will accept provided there is the required fire flow. 3. Omit the requirements of sidewalks along. FM 3009. Earl Hartzog advised that Staff had suggested money be deposited with the City for future expansion of side- wal ks. There was a lengthy discussion on the expansion of sidewalks along FM 3009. `Among those matters discussed were the cost of building sidewalks in the future as compared to now, should the sidewalks be put in now or: after the expansion of FM 3009 and what percentage should the developer be required to pay. It was dis- cussed whether or not the same procedure should apply to sidewalks and to accel- eration/deceleration lanes as far as the developer is concerned. David Allen suggested we need something in writing so that later we can conform to the Special Overlay District Policy. Merwin Willman recommended the Staff consider the problem again and present the Council something in writing defining the percentage a developer must put in escrow. In regard. to the underground electric lines on the front of lots, Ty Brisgill asked if the transformers would be in front. Mr. C.P. Vaughan replied. that they would be. The requests for variances were voted on in three separate motions:' 1. Darwin Peek made a motion to approve the variance to allow underground electric lines to be placed on the front of lots in lieu of rear of lots. Ty Brisgill secon- ded the motion and the. vote was unanimous in favor. 2. David Allen made a motion to approve the variance to allow-the first phase of development to be constructed without a looped water main as .the future phase of development by .both Vaughan Homes and CDR Development will provide a looped water system. Darwin Peek seconded the motion and the vote was unanimous in favor. 3. David Allen made a motion to disapprove the variance to omit the requirements of sidewalks along FM 3009 because it does not comply with the Special Overlay District Policy. Darwin Peek seconded the motion and the vote was unanimous in favor. There was a brief discussion on lot. setbacks, drainage and access in Silvertree Park Subdivision Unit I. Don McCrary said he was aware that the drainage channel must be completed by CDR. Ty Brisgill made a motion to recommend approval of Final Plat Silvertree Park Subdivision Unit I contingent upon the completion of the drainage channel by CDR. David Allen seconded the motion and the vote was unanimous in favor. #8 CONSIDER AND TAKE APPROPRIATE .ACTION: A. Preliminary Plat Savannah Square Unit III B. Request for a Day Care Center in the Jack Hays Special Overlay District Earl Hartzog advised the Commission that the plat was in their package as well as letters from .Jesse Pacheco and Jerry Graham regarding the sewer line on Savannah Drive. Don Ryden, representing the Larry Thomas Company, gave a;brief report on the pros and cons of providing an easement for a sewer line to FM 3009 versus making a street cut on Savannah Drive. One of the major concerns in .providing an easement to FM 3009 is the loss of a number of Oak trees. After a.brief discussion, it was decided the best choice seems to be a cut on Savannah Drive rather than the loss of the Oak trees. James Harden made a motion to approve Item A - Preliminary Plat Savannah Square Unit III with the street cut for sewer service on Savannah Drive,. Merwin Willman seconded the motion and the vote was unanimous in.favor. A brief report was presented on the proposed Day Care Center. It will be a 100% masonry building of approximately 6600 .square feet with an outside play area and will meet all the state requirements. It will be licensed for 120 - 130 children. There was some discussion on the entrances .and exits of the proposed Day Care Center.. The builder said he was familiar with the requirements of the Special Overlay District. Merwin Willman made a motion to approve Item B - Request. for a Day Care Center in the Jack Hays Special Overlay District. Darwin Peek seconded the motion and the vote was unanimous in favor. #9 GENERAL DISCUSSION Earl Hartzog advised the Commission the next regularly scheduled meeting is August 13 and a public hearing for Morton Southwest would probably be scheduled for August 20. He also reminded the Commission there were two Zoning Reports and a memo regarding Zoning Change #71 in their package. Vice_Chairman Andrews referred to the Planning and Zoning Feedback List and asked for an .update. 1. Zoning Ordinance a. Revise sign requirement - Merwin Willman said he felt it was on hold until copies of the new law were received. Earl Hartzog said we need an inventory of signs and those up without permits. Ken Greenwald said control of signs needs to be estab- lished. There was some discussion of legally installed signs. Vice-Chairman Andrews suggested the Commission go ahead with what's already typed and receive copies at the next meeting. b. Variety of housing in P.U.D. - Darwin Peek reported he had done some reading on P.U.D.'s but could find nothing recorded specifically for the state of Texas. Merwin Willman asked if a certain percentage of R-1's, R-5's, etc. could be required in a P.U.D.. Ray Stanhope said he felt a{decision should be made and the standards set for P.U.D.'s. Earl Hartzog said it was~a nightmare keeping up with P.U.D. and mentioned Oak Run specifically. There was a somewhat lengthy discussion and Darwin Peek said he would look further into the matter. Mr. Peek also commented he felt there should be a group to monitor the development in P.U.D. c. Minimum acreage for M.H. Park d. Requirements for M.H. Park e. Requirements. for R.V. Park f. Manufactured Home District There was some discussion on manufactured and modular housing. Merwin Willman commented it is now called industrialized housing. Ken Greenwald said lot sizes and building setbacks need to be established but warned that there cannot be more restrictions on manufactured housing than on`site-built homes. h1r. Greenwald recommended staying with the minimum of 5,000 square feet for lot sizes. He also recommended a separate section of the Zoning Ordinance needed, to be added for industrialized housing. There was also some discussion on whether something could be put in the Zoning Ordinance prohibiting manufactured housing from being put in a subdivision. c.d. and e. were redesignated from Ray Stanhope to the Staff. f. was redesignated to David Allen. g. Definition for safety lane - crossed off. (Contained in Subdivision Ordinance) h. Zoning annexed land other than P.D. - Vice-Chairman Andrews gave a brief report, but said he was still researching this matter. i. Established time requirement for nonconforming uses - still undecided j. Established GB-l, GB-2, GB-3 - elimination of NS and OP - crossed off. k. M1 and M2 Districts from Industrial to Manufactured - Vice-Chairman Andrews asked if this needed a public hearing. Earl Hartzog suggested if it went to a public hearing it be combined or grouped with something. else. 1. Establish a Public Use District - Earl Hartzog asked-what is a Public Use Dis- trict. The suggestion was made it should be defined in the Zoning Ordinance. m. Establish procedures for Business Park - Merwin Willman commented there are no real procedures or .special-requirements established. This was redesignated to Ty Brisgill. n. Minimum square feet for residential zones - crossed off. 2. U-turn on Main Street - crossed off. 3. Mobile Home Ordinance - crossed off. 4. Satellite Dish Definition - Earl Hartzog will check into this. 5. Satellite Dish Ordinance - Merwin Willman said he thought an ordinance for satellite dishes should be considered. Vice-Chairman Andrews said he felt satellite dishes fe:l~l under the definition of an accessory building. David Allen commented we cannot regulate everything. Vice-Chairman Andrews said the satellite dishes will change before an ordinance can be written. Item crossed off. 6. ,Update. Street Plan - Earl Hartzog said a map is in the process of being prepared. 7. Vehicles. parked in lawns - crossed off. 8. Subdivision Ordinance - Earl Hartzog said it is ready to 6e typed. 9. Storage garage - 1212 Antler (Zunker) - crossed off. 10. Temporary storage building on-Main Street (next to Larry's) to Council. 11. Updated copy of Planning .and Zoning Rules of Procedure - ready to 6e typed. 12. Pending plat/development - board in Earl Hartzog's office: 13. Old homes south of Mobile Villa - James Harden commented:. that trash will be there until Council takes action to see-that it's. cleaned u.p. Item crossed off. 14. Need stop sign at Maple and Beacon - Earl Hartzog commented that no traffic accidents were reported at this location to warrant a need for change. Item crossed off. 15. Two Mobile Homes at old theater on FM 78 - Vice-Chairman Andrews wanted to know how the area was zoned. Earl Hartzog replied it was zoned GB. Item crossed off. 16. Revise schedule of use. (new) Ken Greenwald commented he had attended a grand opening of an American Guesthouse and that it was very nice and definitely an asset. Mr. Greenwald also reported .that this weekend,a Pony Softball Tournament involving 68 teams will be held at the Schertz Park.. He said a large company is looking to back an eight or nine year contract for a tournament in a local area. Merwin Willman said he would not be able to attend the next meeting. In going around the room to various members it seemed that quite a few may not be able to attend the next meeting. Earl Hartzog asked for a motion ao ch-.tinge the next meeting from August 13 to August 15 in case there was not enough for a quorum that could attend. David Allen made a motion to change the next meeting from August 13 to August 15 in .case enough for a quorum could not be present. James Harden seconded the motion and the vote was unanimous in favor. Ty Brisgill asked about the warranties for the streets in Woodland Oaks. Earl Hartzog replied that a final inspection had been made on July 15, 1985. Mr. Hartzog said that letters regarding abuse to streets had been sent to GVEC, Southwestern Bell and Roger's Cable TV. He also said that the City had talked to the builders and developers about the various faults and needed repairs of some of the streets. There were some comments from Ray Stanhope about the need for the Planning and Zoning Commission to enforce the requirements of the Special Overlay .District. There was a brief discussion on whether or not the responsibility for overseeing the building of sidewalks and accelerat ion/deceleration. lanes was that of the Plan- ning and Zoning Commission or an administration problem. Vice-Chairman Andrews suggested that a recommendation to Council might be made ask.i,ng for an established policy and guidelines on this matter. Earl Hartzog said he would draft a letter to Mr. Gilmore, City Manager. David Allen made a motion to adjourn the meeting. Darwin Peek seconded the motion and the vote was unanimous in favor. Vice-Chairman Andrews adjourned the meeting at 11:11 P.M.